farmers guilty of blocking a ditch

See my news
Follow L’Éclaireur de Châteaubriant

And Joint farming group (Gaec) Vallons-de-l'Erdre (Loire-Atlantique) was recognized guiltyThursday November 28, 2024, by the Nantes criminal courtfor “execution without work authorization harmful to water” for having “drunk” and “reblocked” a watercourse which crossed their plots at a place called La Grasserie, between Loireauxence and Vallons-de-l'Erdre.

Loire-Atlantique: farmers fill in 300 meters of ditch

The Gaec, located in the former commune of Maumussonhad precisely backfilled “300 linear meters” of what his four associates assimilated to a “ditch”. It was “created in 1976” to “separate two plots cadastrally belonging to different owners”, but had no longer had any use when they had been grouped together to “facilitate work in the fields”. ” A wind turbine » is already located “right in the middle” of the field and “it was not not practical” to cultivate it.

Problem: this “gap” had been “identified” in “the watercourse mapping” established in 2016 by state services. Farmers “could not ignore it”, according to the French Biodiversity Office (OFB), since they had “filled out a form” to state their “doubts”… and they had carried out the work in 2017 without waiting for on-site expertise.

A “grassy strip” along the watercourse had also been “imposed” on farmers and it had disappeared when inspectors arrived on site in 2020.

“A public health issue around water”

One of the partners, who “retired” in June 2023, subsequently admitted to being “at the origin” of this “refilling” of the “ditch”. A “penal transaction” was then proposed to his Gaec, without success. Farmers were asked to “restore” the 300 meters of watercourses at their expense and they had ” denied “.

“On the plugging, we agree that there was no need to do it, but it would be a shame to unblock the ditch and then contest its qualification as a “watercourse”said one of the two associates present at the hearing. “Our predecessors did a dumpling by plugging the gap without waiting for the administration's decision. We asked advice to a local elected officialwho told us to “dispute the facts” and then “let the deadlines run.” »

“In Loire-Atlantique, there is a very strong public health issue around waterwhich is not of very good quality with the pesticides »continued the representative of the public prosecutor. “There is also an issue in terms of biodiversitysince this nozzle makes obstacle to the movement of fauna and sediments. »

A fine of €10,000 required

He therefore required a fine of €10,000 to pay to the Public Treasury and above all a restoration “before summer 2025” of the watercourse, under the supervision of a “qualified design office”, a “river technician” from the Community of communes of the country d'Ancenis (Compa) and the French Biodiversity Office.

After this deadline, a penalty of €100 per day of delay should be imposed according to him to this Gaec which makes approximately every year “1.7 million euros” turnover and “€100,000” result.

Gaec found guilty

“When we have rapeseed, it’s complicated to intervene before July. We ask two more months »negotiated at the bar the two partners, who defended themselves without a lawyer. “We are not going to cry about the agricultural contextbut currently it is complicated,” they added about the €10,000 fine that was required.

The court finally recognized the Gaec guiltybut adjourned the pronouncement of his sentence until November 27, 2025. “exemption from punishment” was promised to him if the site is restored by then, under the conditions set by the public prosecutor. The watercourse must be “functional all year round”, specified the president.

GF (PressPepper)

Follow all the news from your favorite cities and media by subscribing to Mon Actu.