Garden insects: the law protects some in France, actions to avoid and fines of up to €150,000

Your garden is about to change its face in the coming months in France. A number of insects are now legally protected in France, with concrete effects for private individuals. The aim of this development is to reconcile nature and everyday uses, without opposing needs in the long term.

What the law says and what it means for you

In practical terms, the regulations extend protection to species that were once neglected, including some arthropods that are familiar today. This means that touching protected insects, or their refuges, can engage your civil liability. As a result, the garden is no longer a place without rules, and everyone needs to be properly informed.

The French Environment Code prohibits the capture, destruction, sale and deterioration of recognized habitats. In serious cases, Article L415-3 provides for up to 3 years’ imprisonment and a €150,000 fine. A simple earthworks project may therefore require careful examination and appropriate precautions on site.

The national lists are based on decrees and are updated according to the status of the populations monitored. From now on, species that cross paths in the vegetable garden are among those protected, including useful soil insects. In short, gardeners now need to revise their habits and document their actions more thoroughly.

“Protecting what seems ordinary changes the way we garden every day.”

What you can still do, and what becomes risky

You can mow, prune and harvest, but do so with method and local common sense at home. For example, check for the presence of larvae, cocoons or nests before taking any potentially damaging action. On the other hand, avoid capturing specimens to identify them, and prefer patient observation too.

Reduce or stop using pesticides, even so-called natural ones, which disrupt the local food chain. What’s more, banish night lights, as they trap pollinators and really tire out birds. Also, prefer mulching, overhead watering and crop rotation to manage pests.

• Leave refuge areas and a patch of bare ground for nesting.
• Set up a simple hotel with hollow rods and a secure woodpile.
• Schedule mowing in a mosaic pattern, then mow late on a dedicated strip.
• Turn off decorative lighting after 10 p.m., especially in spring.
• Report rare species to local authorities before any work is carried out.

Good gardening practices: towards a living refuge

In spring, leave some areas fallow for a few weeks to prevent breakage throughout the garden. In this way, insects find food and shelter during sensitive breeding cycles, and in safety. Afterwards, mark these areas to prevent accidental mowing and keep the family informed.

Limit outdoor lighting and use sensors to direct light sources downwards whenever possible. In addition, install a shallow watering place and a woodpile, both of which are ideal for beneficial insects. As a result, your plot will gradually become an ecological corridor between the street and neighbouring areas.

Choose local flowers, spread out over the season to provide continuous local nourishment. On the other hand, space out mowing and practice late mowing on a reserved part of the lawn. In this way, diversity takes root effortlessly, and the lawn becomes more resistant to long-lasting drought.

How to recognize a potentially protected species

Before taking action, observe morphology, habitat and flight period first. Also, compare your photos with regional wildlife guides, especially for common garden insects. If in doubt, refrain from handling the insect, and identify it from a distance if necessary.

Photograph without flash, from a distance, then note the date, time and exact location too. Then ask for advice from a local naturalist association or local authority quickly. In this way, you avoid a costly mistake and really enrich your local knowledge.

Frequently asked questions from gardeners

Can I move wood where beetles or moths are in diapause in winter? Yes, but first carry out a simple check of the contents before touching the pile. Postpone the operation if you observe insects in reproduction or larvae that are still fragile.

What is the penalty for destroying a protected species identified in a known private garden? Penalties can range from €150,000 to 3 years’ imprisonment, depending on the case and actual intent. In short, it’s better to prevent, document your actions and seek advice beforehand.

What if a species causes damage to my property, such as a repeated nuisance in the vegetable garden? You can seek expert advice and, if necessary, a derogation under the supervision of the relevant prefecture. What’s more, there are avoidance solutions for cohabiting with insects without causing lasting conflict in your home.

• insects