Occupation of the public domain / New booster shot…


During this back-to-school period, the Collectivity of Saint-Martin wishes to recall the regulations in force for the occupation of the public domain.

The public domain is made up of all "goods not susceptible of private appropriation": roads, sidewalks, squares, gardens, open or closed spaces used for public use. As such, the private occupation of the public domain, on a temporary basis, is subject to prior authorization and must be the subject of a request to the services of the Collectivity. Violators of these rules are liable to a 5th class fine, described by article R 116-2 of the Highway Code:

The fine provided for fines of the fifth class will be punished by those who:

Without authorization, will have encroached on the public road domain or performed an act bearing or likely to affect the integrity of this domain or its dependencies, as well as that of the works, installations, plantations established on said domain;

Will have stolen materials stored on the public road domain and its dependencies for the needs of the roads;

Without prior authorization and in a manner not in accordance with the destination of the public road domain, will have occupied all or part of this domain or its dependencies or will have made deposits there;

Will have allowed to flow or have spread or thrown on public roads substances likely to harm public health and safety or to inconvenience the public;

In the absence of authorization, will have established or allowed to grow trees or hedges less than two meters from the limit of the public road domain;

Without prior authorization, will have performed work on the public road domain;

Without authorization, will have dug an underground under the public road domain.

As an example, the amount of the fine for 5th class fines is € 1500 at most, which amount can be increased to € 3000 in the event of a repeat offense when the regulations so provide.


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