Environmental Authorization—What’s That?

Remember: a few weeks ago, we shared an article about the life cycle of a project. Its goal was to help you understand the entire process involved in bringing a sustainable project to life—from development through to operation. Among the key stages, obtaining environmental authorization is essential. If a developer fails to secure it, the project simply cannot move forward.

Both a guarantee of quality and a mandatory regulatory requirement, environmental authorization ensures that a project complies with the law while following a responsible and sustainable approach.

Now, let’s take a closer look at this topic!

What is environmental authorization?

Before going any further, let’s define what environmental authorization actually is. It is an administrative procedure that brings together all the authorizations (under the Urban Planning Code, the Energy Code and the Environmental Code) required to develop a project, such as Classified Installations for the Protection of the Environment (ICPE) or Installations, Structures, Works and Activities subject to the Water Act (IOTA). Its purpose is to provide a framework for how applications are reviewed by government authorities.

As a regulatory framework for the industrial development of territories, environmental authorization ensures that every project complies with the same standards in terms of sustainable development, ecology and biodiversity protection.

💡 Good to know

If you’d like to learn more, visit the official government website, which lists all the procedures covered by environmental authorization.

The 3 key stages of environmental authorization

The review phase

The first step—once the environmental authorization application file has been received and deemed formally complete—is known as the review phase. During this stage, the file is submitted to the various government departments and competent authorities (ABF – Architects of Historic Buildings, DDT – Departmental Directorate of Territories, Ministry of the Armed Forces, DGAC – Civil Aviation Authority, SDIS – Fire and Rescue Services, DRAC – Regional Directorate of Cultural Affairs, ARS – Regional Health Agencies, among others depending on the nature of the project). These bodies analyze the approach and potential impacts of the project.

If substantive elements are missing, the DREAL (Regional Directorate for the Environment, Planning and Housing), which is responsible for reviewing the file, will ask the project developer to revise it.

If the file is complete, it moves on to the next stage: the public inquiry phase.

If the file is complete but contains elements that jeopardize the sustainability of the environment or the project itself, it may be rejected.

💡 Good to know

• The review phase generally lasts 4 to 5 months, depending on the type of authorization.
• It may extend up to 8 months when the environmental authorization is requested as part of a regularization process.
• The prefect may extend the review period by an additional 4 months if deemed necessary.

The public inquiry phase

💡 Good to know

The MRAe (Regional Environmental Authority Mission)—an independent body responsible for environmental assessment—also analyzes a project’s impacts on wildlife, flora, landscapes, noise, and more.

The public inquiry phase, which aims to assess public opinion and inform citizens, begins once the file is complete, consistent and reviewed by government services. At this point, the prefect refers the matter to the president of the administrative court. Why? To appoint a neutral investigating commissioner responsible for informing the public, ensuring public participation, and taking third-party interests into account.

In practice, over a period of one month, the commissioner gathers public feedback on the project. Meanwhile, the project developer must respond to questions and comments in a formal memorandum.

The decision phase

The final stage of the environmental authorization process is the decision phase—the most eagerly awaited one! The decision is made by the prefect of the department, as the State’s representative in the territory, often based on the opinion of the DREAL’s reviewing department. Allow around two months to find out whether the application has been approved or rejected—so a little patience is required.

• If the prefect approves the application, an authorization order is issued, along with the applicable operating conditions.
• If the prefect has doubts, they may seek the opinion of bodies such as the CDNPS (Departmental Commission for Nature, Landscapes and Sites) or the CODERST (Departmental Council for the Environment and Health and Technological Risks). The decision phase may also be extended by three months.
• If the prefect refuses the application, this is communicated through a refusal order, with justification.

💡 Good to know

Any environmental authorization may be challenged—either by a third party or by the project developer—before the administrative court within two months of its publication.

• The judge may annul, amend or regularize the decision, whether it concerns an authorization or a refusal.

This adapted litigation framework seeks to balance the right of third parties to appeal with the legal certainty of projects.

Who is concerned?

Environmental authorization applies to all Activities, Installations, Structures and Works (AIOT), as well as ICPEs and certain IOTAs subject to the Water Act.

• AIOTs require environmental authorization when they involve activities such as geothermal exploration and exploitation.
• ICPEs are subject to environmental authorization when they pose serious risks or disadvantages to health, public safety or the environment, or when specific operating conditions are required (waste and discharge management, noise or visual impact limitations, etc.).
  → This notably includes wind farm projects and photovoltaic plants over 250 kWp.
• IOTAs require environmental authorization when they result in at least one of the following: risks to public health and safety, disruption of water flow, or reduction of water resources.

💡 Good to know

To check whether a project is subject to environmental authorization, developers can consult the official government website, which classifies installations according to risk levels.

Where and how to submit an application file?

💡 Good to know

Since the Green Industry Act of October 23, 2023, and its implementing decree of July 6, 2024, the environmental authorization procedure has been updated and application review timelines shortened.

Once your file is complete (don’t forget the supporting documents!), there are two submission options:

• Online submission: file your environmental authorization application via entreprendre.service-public.fr.
• Paper submission: slightly longer than the online process, this must be carried out with the competent authority, which may be the prefecture, the DDT(M) (Departmental Directorate of Territories and the Sea), or the relevant reviewing services, depending on the department.

What are the benefits of environmental authorization?

Often seen as a near-revolutionary tool, environmental authorization is a single, simplified procedure. What does that mean? By consolidating multiple authorizations into a single application file, it provides a clearer, more comprehensive overview of all the environmental issues surrounding a project—for reviewing authorities, the public and stakeholders alike.

Now you know everything there is to know about environmental authorization! You have all the keys you need to better understand the challenges of the energy and ecological transition. So what are you waiting for to take the step toward responsible investing? If you’re interested in this type of investment or have any questions, contact our Investor Relations team today.

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