The facts
During his greetings, Saturday January 4, 2025, the mayor of Lys-Saint-Georges, in Indre, Olivier Michot, recalled that his commune had voted, at the end of last year, the “validation of renewable energy acceleration zones” on its territory. “We wanted ban wind farms and the creation of methane digesters, he announced. And the decision was validated by the prefect. » Questioned by us, the mayor specifies: “I am not against renewable energies but while a regional natural park is planned in Boischaut Sud, and we are in a bocage region, in the George Sand valley and on the first foothills of the Massif Central, I I believe that wind turbines have no place here. »
Verification
The law of March 10, 2023, which aims for 100% renewable energies in 2050, asked municipalities and intermunicipalities to establish renewable energy acceleration zones (ZAEnR), that is to say demarcate where they wish see the establishment of wind, photovoltaic, geothermal, methanizer, etc. projects as a priority. This is what the municipality of Lys-Saint-Georges did, which voted for a map, on November 14, 2024, which effectively excludes methane reactors and wind turbines from its territory, unlike the other options.
According to the Indre Territorial Directorate, around 220 municipalities in Indre out of 241 have finalized this work. « This zoning aims to check whether we will be able to achieve our objectives set at the regional level”specifies Rik Vandererven, the DDT of Indre. Indeed, the regional prefecture has set production objectives for each of the departments of the Center region by 2030, then by 2050. Once the documents have been established by the communities, the prefect of Indre will responsible for verifying their compliance with regulations. This is the case for Lys-Saint-Georges which has actually received the approval of the prefect.
In Center-Val de Loire, Indre makes a large contribution to wind production. In 2022, it produced 422 megawatts per year according to DDT figures. The objective is set at 725 MW for 2030 and 1,071 MW for 2050. “If we consider the wind projects in progress, those which are contested in court but which should be validated and the zoning made by other municipalities, Indre will achieve the defined objectives”assure Rik Vandererven.
Therefore, the Regional Energy Commission (CRE), which must examine the departmental maps, will have no reason to ask Indre to review its copy. “When this is done, municipalities will be able to integrate their zoning into their local town planning plans, by integrating, by mirror effect, exclusion zones”continues Rik Vandererven. A matter of months according to him.
From then on, a project leader can always express intentions to settle in a refractory territory but he risks coming up against a veto from the prefect. “Today, the prefect of Indre systematically opposes whenever a mayor expresses his disagreement to him. But it's fragile, we see that we systematically lose before the administrative court. » The situation could change with the protection of areas in the PLUs. “The project leader can always attack the PLU of a municipality”develops DDT. The appeal period is limited to two months. Therefore, “the zoning will be enforceable against it. The judge will necessarily take these planning documents into account. »
The verdict: it's false
The inclusion in the PLU of the exclusion of wind turbines or any other type of energy production in a territory strengthens the power of municipalities. But, today, there is no administrative jurisprudence allowing us to affirm that the municipality will be able to enshrine its choice as an unassailable ban. In addition, if the law of March 10, 2023 broadens their prerogatives in terms of territorial planning, the final decision still belongs to the State, represented by the prefect.
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