#90-85Law No. 90-85 of January 23, 1990
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The law LOI n° 90-85 introduces several amendments to the rural code in France, focusing on the minimum surface area required for agricultural operations, particularly in the context of polyculture and livestock farming. It establishes criteria for the authorization of agricultural land use, emphasizes the importance of the economic and social viability of farms, and provides mechanisms for the establishment and management of agricultural land associations. Additionally, the law outlines regulations regarding agricultural training and social security for agricultural workers, including adjustments in contributions and benefits for spouses and family members involved in agricultural activities.
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Key Changes
- Minimum installation area for polyculture and livestock farming adjusted; can be lower in mountainous or disadvantaged areas.
- Authorization procedures for agricultural land use clarified, including requirements for notifying landowners.
- Revisions to the regulation of agricultural associations and the incorporation of provisions for environmental and rural development.
Obligations
What this law requires
Establish minimum surface area for polyculture-livestock farming installations not exceeding 30% below the national minimum (or 50% in mountainous/disadvantaged zones). Review and update this national minimum every five years by ministerial decree after consultation with the National Commission for Agricultural Structures.
Submit declarations or authorization requests to the departmental State representative for the territory where the agricultural land is located. If the land does not belong to the applicant, provide prior written notice to the property owner.
Process declarations within one month of receipt. If no notice is issued within this period that the operation requires authorization, the declaration is deemed registered and the operation may proceed.
Transmit authorization requests to the departmental agricultural structures commission for mandatory consultation. Provide applicants, property owners, and sitting tenants access to the file at least eight days before the commission meeting, with rights to be heard and represented.
Base authorization decisions on the departmental agricultural structures master plan, prioritizing young farmer installation over farm expansion while considering economic viability, land structure, parcel location, applicant circumstances (age, family status), and employment impacts.