Ordinance on the Archaeology Act (ArchVo) - Area (ArchVo)

1. The area of the former Roman city Augusta Raurica lies within the ancient city perimeter.

2. According to the annex of this regulation, the area of the former Roman city in the Canton of Basel-Landschaft extends northeast along the Violenbach up to the A2/A3 motorway. Thereafter, the city perimeter runs south of the motorway (approximately along Wölferstrasse) up to the junction with Sichelenstrasse, then proceeds west as a connecting line to the Tempelhof, thereafter approximately along Tempelhofweg. At the "Obermüli" area, the perimeter, encompassing the area, runs westward along the Ergolz river up to the confluence with the Violenbach.

1. The canton and municipalities, within the framework of land use planning, designate archaeological protection zones for immovable archaeological protection objects.

2. The purpose of protection, protective measures, and permissible uses must be determined in the land use plans.

3. In building zones, the following gradation should be aimed for in the context of land use planning for protection zones to preserve immovable archaeological protection objects

a. Protection zones reserved for archaeological research. Uses, as well as constructions and facilities that contradict this objective, are prohibited.

b. Protection zones that allow construction activity without significant intervention in the archaeological substance (building over the ruins).

c. Protection zones where conventional construction is permissible depending on the results of an archaeological investigation to be conducted.

1. Prohibition on Endangerment and Destruction of Archaeological Sites, Zones, and Movable Objects

A prohibition on endangerment and destruction applies to archaeological sites, zones, and movable objects. Exempted from this are archaeological investigations.

2. Permit Requirement for Alterations, Destruction, or Endangerment of Archaeological Substance

Interventions that lead to alterations, destruction, or endangerment of archaeological substance require an archaeological permit (§ 5 para. 1 of the Archaeology Act of December 11, 2002 ArchA). This particularly applies to any changes in use of protected archaeological sites and zones (§ 5 para. 2 ArchA).

1. Outside the building permit procedure, the specialist department shall provide written information upon a substantiated request as to whether the granting of an archaeological permit is in question for a specific use on a parcel.

2. The effort for providing the information is generally limited to an archival search.

1. Agricultural Use Within Crop Rotation is Exempt from Approval Requirement, provided that

a. the soil is not tilled deeper than 20 cm, and

b. the tillage complies with the requirements for the ecological performance proof according to the Ordinance on Direct Payments to Agriculture[3] (fertilization, soil protection, pest control, etc.).

2. Any Other Management Requires an Archaeological Permit After Consultation with the Ebenrain Center for Agriculture, Nature, and Nutrition ("Ebenrain").

1. Whether the permit can be granted depends on the scientific-archaeological significance of the archaeological substance to be interfered with.

2. The permit is also possible if an archaeological site, an archaeological zone, or a movable archaeological object has reached the status of a protected object.

3. If protective zones have been designated for the preservation of immovable archaeological protected objects, land use planning determines the possibilities for intervening in the archaeological substance.

1. The granting authority is the Office for Culture.

1. If maintenance work involving earthworks is carried out in the area of protected archaeological sites or zones as part of civil engineering, the Civil Engineering Office and the municipalities must inform the specialized agency in a timely manner and invite them for consultation as part of the planning process.

1. The specialist agency files an objection during the building application procedure against construction projects that require a building permit, where it is known or suspected that they affect or impair archaeological sites or zones.

1. The competent authority may require the inclusion of an archaeological investigation in the construction project, at the expense of the canton, up to 30 days after the filing of an objection.

2. Within this period, it shall inform the building permit authority

a. which excavation measures are to be expected, and

b. the time frame within which the excavations will be carried out.

1. An archaeological investigation may be waived if

a. a construction project is located within an archaeological protection zone in accordance with § 2 para. 3 let. a or b of this ordinance, and

b. the presence of archaeological substance worthy of preservation is known.

2. If an archaeological investigation is waived, the specialist office requests the building permit authority to reject the building application or to grant the building permit with conditions.

1. If an assurance is given that an archaeological investigation can be conducted prior to the commencement of construction, the specialist office will withdraw the objection during the building permit process.

2. Depending on the findings of the archaeological investigation, the specialist office instructs the building permit authority to grant the building permit with or without conditions, or to refuse it. The building permit must not be issued beforehand.

1. If the archaeological investigation is conducted alongside excavation work, a partial construction permit is required in accordance with the provisions of the Spatial Planning and Construction Act.

2. The construction permit authority issues the partial construction permit upon application by the project owner.

3. Prior to this, it informs the project owner in writing about the status of the construction permit process.

4. If the archaeological investigation does not uncover any archaeological substance worthy of preservation, the specialist department withdraws the objection and instructs the construction permit authority to issue the construction permit from an archaeological perspective.

5. If the archaeological investigation uncovers archaeological substances worthy of preservation, the specialist department

a. withdraws the objection and instructs the construction permit authority to issue the construction permit with conditions; or

b. instructs the construction permit authority to reject the construction application in acceptance of the objection.

1. If an archaeological investigation serves documentation purposes only, it may be conducted alongside construction and in stages.

2. If the written consent of the developer is available for this purpose, the relevant authority will withdraw the objection and instruct the building permit authority to issue the building permit with the corresponding condition.

1. The building permit authority ensures the coordination of procedural processes.

1. In the case of underground construction projects (new builds or extensions), the specialist department may require the prior or concurrent execution of an archaeological investigation as part of the submission and objection procedure.

2. If archaeological investigations yield positive findings, these results must be taken into account as far as possible during the project's implementation.

1. The specialized office submits a request to the government council for the inclusion of an archaeological site or zone in the inventory, along with the associated protective measures and usage restrictions.

1. The land register annotation "protected archaeological sites" or "protected archaeological zones" is to be made only in the case of inventory recording.

1. The Government Council Ordinance of May 27, 1980, on the Administrative Handling of Building Applications in the Augusta Raurica Area is repealed.

1. This regulation shall enter into force retroactively as of November 1, 2005.