The French legal system currently contains provisions aimed at protecting forests. However, this protection remains complex and raises concerns about the effectiveness of such legislation. In the face of increasing fires and damage to these natural habitats, the system must be rethought around a genuine climate emergency, leading to a unification of actors and a clarification of the law.
The forest area that burned in Gironde during the July 2026 fire was 42,000 hectares. The total forest area that has burned in France so far in 2026 is 115,000 hectares. These events are only the precursors to future ecological disasters. Whether of human or natural origin, these fires reflect the powerlessness of the law to protect forests, prevent risks, and punish those responsible for the fires.
The French legal system currently has a rich arsenal of prevention measures that would allow for efficient and continuous protection of forests. However, due to the lack of theorization of environmental law, the complexity of a unique subject matter, and the multiplication of administrative and judicial actors, no effective protection of French forests against fires can be achieved.
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A Complex Legal Protection
The issue of whether to apply the Environmental Code or the Forest Code is at the heart of the legal problem affecting the effectiveness of the current system: the multiplication of legal rules to the detriment of effectiveness. Certain forests can be protected due to their classification as Natura 2000 sites, whose legal regime is contained in the Environmental Code, creating a special law for forests considered habitats of endangered fauna or flora.
Regarding the public management of forest fires, the Forest Code provides a legal regime for “woods and forests” classified as “at risk of fire.” An order from 2024, modified by an order from April 13, 2026, classified woods and forests as “at risk of fire” by commune. The law requires the development of a departmental or interdepartmental plan to protect forests against fires for these classified forests.
Rethinking Forest Protection
French law must create a climate emergency, without being overly pessimistic, but rather taking a rational approach. The first priority is to confer a proper and autonomous legal personality on French woods and forests.
This recognition would be effective for several reasons. Philosophically, it would consider “wooded and forest areas” as an autonomous French natural heritage that can suffer real harm from human or accidental deforestation. In practice, it would classify all French woods and forests under a single legal status, putting an end to the various classifications that result in special protections.
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The creation of an independent administrative authority in charge of woods and forests would allow for effective, centralized action, enabling the reinforcement of fire prevention and sanctions in case of environmental damage. Concerning prevention, this authority could ensure the respect of local urban planning laws and create new plans to save woods and forests, notably by creating or strengthening existing natural firebreaks.
A climate emergency should be declared, especially during periods of high summer heat. Administrative measures can be taken in prevention, such as rationalizing water use to prevent potential fires, obliging individuals to make water points available for rapid action by firefighters, and prohibiting access to wooded or forest areas from a certain date.
Thus, it is possible for French law to protect and prevent risks of damage to woods and forests. However, this legislative reinforcement requires a change in philosophy and perception of environmental law, founded on the notion that trees are the foundation of our civilization.
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