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451 NHGLPN CH AI generated

Art. 2 Federal Act of 1 July 1966 on the Protection of Nature and Cultural Heritage (NCHA)

NCHA; Aim; Section 1 Nature Protection, Cultural Heritage Protection and Monument Preservation in the Fulfilment of Federal Tasks ; Fulfilment of federal tasks
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The fulfilment of federal tasks as defined in Article 24 sexies paragraph 2 of the Federal Constitution {note: [ AS 1962 749]. Now Art. 78 para. 2 of the Federal Constitution of 18 April 1999 ( SR 101).} is taken to mean in particular: {note: Amended by Annex No 2 of the Genetic Engineering Act of 21 March 2003, in force since 1 Jan. 2004 ( AS 2003 4803; BBl 2000 2391).} a. {note: Amended by No 7 of the Annex to the Telecommunications Enterprises Act of 30 April 1997, in force since 1 Jan. 1998 ( AS 1997 2480; BBl 1996 III 1306).} the planning, construction and alteration of works and installations by the Confederation, its institutions and enterprises, such as buildings and installations of the federal administration, national roads, and buildings and installations of the Swiss Federal Railways; b. the issuing of licences and authorisations, such as those for the construction and operation of transport infrastructure and facilities (including approval of plans) and of works and installations for conveying energy, liquids or gases, and for telecommunications, as well as authorisations for forest-clearing operations; c. the provision of subsidies for planning, works and installations, e.g. for land improvement projects, renovation of agricultural buildings, river training, water body protection structures and transport infrastructure. Decisions of cantonal authorities concerning projects that can presumably be carried out only with subsidies as specified in paragraph 1 c above shall be regarded as equivalent to the fulfilment of federal tasks. {note: Inserted by No I 3 of the FA of 18 June 1999 on the Coordination and Simplification of Decision-Making Procedures, in force since 1 Jan. 2000 ( AS 1999 3071; BBl 1998 2591).}

Art. 2 NCHA

The fulfilment of federal tasks as defined in Article 24 sexies paragraph 2 of the Federal Constitution is taken to mean in particular: a. the planning, construction and alteration of works and installations by the Confederation, its institutions and enterprises, such as buildings and installations of the federal administration, national roads, and buildings and installations of the Swiss Federal Railways; b. the issuing of licences and authorisations, such as those for the construction and operation of transport infrastructure and facilities (including approval of plans) and of works and installations for conveying energy, liquids or gases, and for telecommunications, as well as authorisations for forest-clearing operations; c. the provision of subsidies for planning, works and installations, e.g. for land improvement projects, renovation of agricultural buildings, river training, water body protection structures and transport infrastructure.

Decisions of cantonal authorities concerning projects that can presumably be carried out only with subsidies as specified in paragraph 1 c above shall be regarded as equivalent to the fulfilment of federal tasks.

← Art. 1 NCHA Federal Act of 1 July 1966 on the Protection of Nature and Cultural Heritage (NCHA) Art. 3 NCHA →

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Court Decisions Applying This Provision (64)

VVGE.2005.06.Nr.40 · ow (Art. 2 des Bundesgesetzes über den Natur- und Heimatschutz vom 1. Juli 1966 (NHG))
Mobile Phone Antennas on Existing Mast Require Building Permit
The court referenced this provision to highlight the federal duty to protect natural and heritage sites when considering building permits for mobile communication antennas.
JAAC 52.61 (Art. 2 Bst. c NHG)
Federal Land Improvement Subsidies: Notice to Environmental Associations
Designates the granting of contributions to land improvements as a federal task, which is a prerequisite for the appeal rights of nature and heritage protection organizations.
JAAC 52.61 (Art. 2 Bst. c NHG)
Federal Land Improvement Subsidies: Notice to Environmental Associations
Identifies the granting of contributions for land improvements as a federal task, which is a prerequisite for nationwide nature and heritage protection organizations to have appeal rights.
AC.2024.0379 · vd (art. 6 al. 2 en relation avec l'art. 2 LPN)
Appeal Dismissal Regarding Zoning Approval for Event Center and Road Development
Cited regarding the scope of protection conferred by the federal inventory of sites (ISOS).
WBE.2023.375.384 · ag (Art. 2 NHG)
Regional Government's Road Project Decision Partially Overturned Due to Noise, Traffic Safety, and Access to Information Concerns
Cited as the legal basis defining federal tasks in nature and heritage protection, which can trigger the need for FOEN consultation.
WBE.2023.298 · ag (Art. 2 des Bundesgesetzes über den Natur- und Heimatschutz (NHG))
Building Permit Upheld Despite Zoning and Heritage Claims
Cited in the context of the direct applicability of federal inventories.
A/925/2023 · ge (art. 2 LPN)
Telecommunications Antenna Installation on Protected Building Roof
Cited to establish that granting a building permit for a mobile communication installation is a federal task under Art. 2 LPN.
BRGE.IV.Nr.0012.202 · zh (Art. 2 NHG)
Building Permit for Photovoltaic System Overturned in Historic Townscape
Cited to define what constitutes a federal task in the context of nature and heritage protection.
7H 22 139 · lu (Art. 2 NHG)
Building Permit Appeal Dismissed Despite Federal Inventory Considerations
The court found that the permit for the multi-family house in a noisy area and the water protection permit for the heat pump did not constitute a federal task.
R 2021 87 · gr (Art. 75b BV und Art. 2 NHG)
Nature Protection Organization v. Cantonal Government (Land-Use Plan Revision)
Cited in the reasoning to support the appellant's standing to challenge plans regarding secondary residence limits.
A/648/2021 · ge (art. 2 LPN)
Telecommunications Company v. Permit Denial for Antennas on Protected Site
Cited in the reasoning regarding the federal task of constructing a mobile telephony installation, relevant for the interest balancing.
B.2021.34 · sg (Art. 2 NHG)
Appeal Dismissed: ISOS Applicability in Building Permit for Demolition and Construction
Cited in the reasoning regarding the general duty of federal bodies concerning landscape and cultural heritage protection.
BRGE.IV.Nr.0204.202 · zh (Art. 2 NHG)
Barn Building Permit Upheld Amidst Noise and Landscape Concerns
Cited to identify the approval of agricultural buildings in agricultural zones as a federal task.
21.2336 · sg (Art. 2 NHG)
Special Use Permit Appeal and Association Standing in Zoning Dispute
Provision cited in the introduction as context for the lack of a federal task being involved, which is the main ground for dismissing the appeal.
100 2019 413 · be (Art. 2 des Bundesgesetzes vom 1. Juli 1966 über den Natur- und Heimatschutz (NHG; SR 451))
Developer v. Cantonal Directorate for Building and Traffic (Building Permit and Aesthetic Regulations)
Cited when discussing whether the ISOS entry's implications require further consideration under federal protection obligations.