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451 NHGLPN CH AI generated

Art. 3 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 ; Obligations of the Confederation and cantons
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In the fulfilment of federal tasks, the Confederation, its institutions and enterprises, and the cantons shall ensure that heritage landscapes and sites of local character, historical sites, and natural and cultural monuments are carefully managed and, where there is an overriding public interest, preserved undiminished. {note: Amended by No I of the FA of 24 March 1995, in force since 1 Feb. 1996 ( AS 1996 214; BBl 1991 III 1121).} They shall fulfil this obligation by: a. suitably designing and maintaining their own buildings and installations, or by foregoing their construction altogether (Art. 2 let. a); b. imposing conditions or requirements on the issue of licences and authorisations, or refusing to issue them (Art. 2 let. b); c. restricting or refusing subsidies (Art. 2 let. c). This obligation applies regardless of the significance of the site as defined in Article 4. A measure must not go beyond what is required to protect the site and its surroundings. ... {note: Inserted by No I 3 of the FA of 18 June 1999 on the Coordination and Simplification of Decision-Making Procedures ( AS 1999 3071; BBl 1998 2591). Repealed by the Annex to the FD of 21 March 2014 (Nagoya Protocol), with effect from 1 Sept. 2014 ( AS 2014 2629; BBl 2013 3009).}

Art. 3 NCHA

In the fulfilment of federal tasks, the Confederation, its institutions and enterprises, and the cantons shall ensure that heritage landscapes and sites of local character, historical sites, and natural and cultural monuments are carefully managed and, where there is an overriding public interest, preserved undiminished.

They shall fulfil this obligation by: a. suitably designing and maintaining their own buildings and installations, or by foregoing their construction altogether (Art. 2 let. a); b. imposing conditions or requirements on the issue of licences and authorisations, or refusing to issue them (Art. 2 let. b); c. restricting or refusing subsidies (Art. 2 let. c).

This obligation applies regardless of the significance of the site as defined in Article 4. A measure must not go beyond what is required to protect the site and its surroundings.

...

← Art. 2 NCHA Federal Act of 1 July 1966 on the Protection of Nature and Cultural Heritage (NCHA) Art. 4 NCHA →

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Court Decisions Applying This Provision (81)

BRGE.III.Nr.0116.20 · zh (Art. 3 NHG)
Federal Road Authority v. Municipal Hedgerow Protection Order
Cited to describe the duty of protection and preservation for nature and home protection interests.
JAAC 65.17 (Art. 3 al. 3 LPN)
Federal Council Approves Railway Tunnel Renovation Despite Impact on Historical Site
This provision is mentioned as a limit to unconditional protection of nature and landscape, implying that the principle of proportionality applies to the measures imposed.
VPB 1999-02-23 (Art. 3 LPN)
Psychiatric Clinic Research Data Access Authorization
Cited as the general principle for construction and development to preserve the characteristic appearance of landscapes and localities.
JAAC 54.29 (Art. 3 LPN)
Federal Council Upholds Overhead Power Line Approval Over Burial Request
This provision requires federal authorities to ensure that the landscape and historic sites are preserved, and its application was central to the assessment of the power line's impact on the Gotthard Hospice area.
A-2088/2021 (Art. 3 Abs. 1 NHG)
Railway Noise Barrier Dispute
This provision requires federal entities to protect the natural and local landscape and heritage, which is considered in the balancing of interests regarding the visual impact of the noise protection wall.
WBE.2023.76 · ag (Art. 3 Abs. 1 NHG)
Historical Building Zoning Dispute Dismissed
Specifies the obligation to protect nature and heritage.
R 2021 87 · gr (Art. 15 RPG und Art. 3 NHG)
Nature Protection Organization v. Cantonal Government (Land-Use Plan Revision)
Cited in the reasoning regarding the appellant's argument that the planning violated federal provisions on spatial planning and nature protection.
R 2021 87 · gr (Art. 3 Abs. 2 lit. b NHG)
Nature Protection Organization v. Cantonal Government (Land-Use Plan Revision)
Cited in the reasoning defining the cantons' duty to ensure the protection of the local landscape and townscape.
R 2021 87 · gr (Art. 3 Abs. 2 lit. b RPG und Art. 3 NHG)
Nature Protection Organization v. Cantonal Government (Land-Use Plan Revision)
Cited in the reasoning concerning the appellant's argument that the planning violated landscape protection and integration principles.
110 2022 37 · be (Art. 3 NHG)
Road Permit Denial Due to Environmental Impact
The final order confirms the denial of necessary exception permits under Nature Protection Law (NHG) because prevailing public interests against preservation weighed against the project.
110 2020 4 · be (art. 3 et 6 LPN)
Telecommunications Mast Upgrade Rejected Due to Landscape Impact
The appeal was rejected because the projected location harms the site and landscape, contrary to these provisions.
A-1040/2020 (Art. 3 Abs. 1 NHG)
Railway Antenna Approval Upheld, Compensation Claim Remanded
The court recognized that federal authorities must ensure heritage landscapes and villages are protected when fulfilling federal tasks.
VB.2019.00555 · zh (Art. 3 NHG)
Heritage Building Solar Panel Permit Dispute
Relevant legal norm concerning heritage protection.
19.2878 · sg (Art. 3 NHG)
Appeal Dismissed: Demolition and Reconstruction of Farmhouse in Protected Area
The appeal was rejected as the planned construction does not violate the conservation requirements of the landscape protection area, based on Art. 3 NHG.
19.2878 · sg (Art. 3 NHG)
Appeal Dismissed Regarding Building Permit for Farmhouse Replacement
Mentioned in the final order regarding the consideration of landscape protection requirements.