References

New Forest Laws

The new Laws give special importance to the Photo Interpretation of the aerial photographs of 1945 and 1960, but also to those before 1975 and between 1975 and 2007.
In many points of Law L.4280 / 2014 (Government Gazette A ‘159) but also of the later until the recent Law 4467/2017, the use of these images is mentioned to define the character of areas. For example:

  • With the proof that in 1945 or 1960 an area was cultivated, while then it was afforested, property rights are established against the State. In case the individual has securities, while the State does not, with this new law, the areas are recognized as private. Administrative dismissal protocols that have been issued are revoked even if they have been finalized in court.
  • Grasslands on semi-mountainous, mountainous and uneven soils and with specific conditions, in case crops are identified in 1945 or 1960, cease to be governed by forest legislation.
  • According to the recent Law 4467/2017, the documentation of the time of the intervention in the Forest Areas that are now used as agricultural needs is needed: Agricultural exploitation of forest areas and especially those that were cleared before 1975 (NOMOS NUMBER 4467 / 13-4-2017 Article 2) The provision of article 47 of law 998/1979 concerning the terms and conditions that are set in order for areas governed by the provisions of the forest legislation to be given exceptionally for deforestation for the purpose of agricultural or arboriculture was amended. With the additions in par. 1 and 5 of article 47, a provision is introduced so that within the areas that are governed by the forest legislation and are available exclusively for agricultural cultivation, constructions that serve the same agricultural cultivation are allowed, such as water tanks, drillings, D.E. meters. .THE. and sheds which are deemed necessary for their proper operation.
  • Agricultural exploitation of forest areas cleared between 1975 and 2007 (NOMOS NO. 4467 / 13-4-2017 Article 4) “Forests, forest areas, as well as areas of indent a) of paragraph 5 of Article 3 for agricultural exploitation without the permission of the relevant forest authority after 11 June 1975 and until 7 March 2007, provided that they maintain that use until today and provided that the receive approval for intervention in accordance with article 45 and par. 2 of article 47, if a relevant request is submitted by the interested party … “The growers of the above areas are not obliged to reforest themselves an area of ​​the same area as the area they cultivate but are obliged to pay a compensatory price to implement the reforestation. This arrangement makes it easier for growers to go through the approval process. Furthermore, it is provided that no issuance of a designation act is required, but it is sufficient for the forest service to establish the form that the area had before the clearing.

 

With extensive experience in photo interpretation we can effectively help you to fully resolve your case.

Leave a Reply

Your email address will not be published.