Ordinance on the Protection of Historical and Cultural Monuments (Monument Protection Ordinance, DSV) - Protection Categories (DSV)

1. Protected Urban Landscapes encompass settlement areas where the interaction between buildings and open spaces provides the location with a distinctive, unique, and particularly valuable architectural character in terms of urban design.

2. Protected objects refer to significant witnesses of an era, historically or culturally important sites, transportation routes, as well as buildings and components whose historical, cultural-historical, or scientific significance grants them a special status in the urban and landscape image.

3. Buffer zones are defined as those areas adjacent to protected objects that are visually linked to the protected object and ensure its overall effect.

4. Archaeological sites include artifacts and relics from earlier historical epochs of humanity. They may be protected objects or placed under protection within archaeological protected areas.

5. Archaeological protection areas include explored or unexplored areas where archaeological traces of human activity have been verifiably preserved or where such traces are highly likely to be found.

1. Heritage protection areas and protected objects are categorized according to their significance as being of local, regional, or national importance.

2. If the classification is disputed, the government council decides on the assignment to the local or regional level.

1. Inventories are technical lists and documentation of all objects within a specific category, such as townscapes, cultural objects, as well as archaeological sites and archaeological areas.

2. The Federal Inventory of Protected Townscapes (ISOS) is considered the inventory of protected townscapes. The Federal Inventory of Historic Transport Routes (IVS) is considered the inventory of protected historic transport routes.

3. The canton shall create, in consultation with the affected property owners, an inventory of cultural objects as well as an inventory of archaeological sites and archaeological areas.

4. Experts assigned with the task of inventorying are authorized to inspect potential cultural objects after prior notification of the property owner and to make the necessary recordings.

5. The inventories are periodically reviewed and updated.

6. The inventories and any amendments are available for consultation at the cantonal specialist office. They can be published in printed or electronic form.

1. The Inventory of Cultural Objects Shall Indicate Per Object at Least

a. An exact description of the object;

b. Parcel number and ownership status according to land registry entry;

c. The classification.

1. Inventories have no legal effect within the canton. They serve as information and as a basis for the implementation of protective measures.

1. Protectable townscapes, protectable cultural objects along with their surroundings, as well as archaeological sites and areas, are placed under protection by the competent authorities. They thus become townscape protection areas, protected objects, surrounding protection areas, and archaeological protection areas.

1. If there is a lack of binding territorial or object protection or if such protection needs to be adjusted, the competent authority may designate a planning zone as a precautionary measure for endangered, precisely delineated areas. Within the planning zone, no actions may be taken that contradict the anticipated protection objective.

2. The procedure for the planning zone follows, mutatis mutandis, Article 45 et seq. of the Planning and Construction Law.

1. In areas designated for the protection of the urban appearance, building structures in terms of size, arrangement, appearance, and their interrelationships must, in principle, be preserved, as well as the character and dimensions of the open spaces they enclose.

2. New constructions, conversions, and renovations must, in particular regarding building shape and position, roof shape and slope, overall and facade height, facade structure, materials, and colors, be oriented towards existing buildings. Deviating solutions must possess at least equivalent qualities.

3. Demolitions may be authorized if the execution of an approved replacement construction is secured or if the corresponding gap in the urban landscape does not cause a disturbance.

1. Protected objects may not be demolished. They must be preserved in their worthy substance. Measures that alter a protected object require approval.

1. Within the protected area, measures relating to buildings and open spaces must be designed in such a way that no disturbance to the affected protected object occurs and its impact and character can be preserved and promoted. Particular consideration must be given to the protected object, especially in the choice of form, size and proportion, material, color, and landscaping.

1. If historical finds are made during excavation work, the work must be stopped immediately and the Department of Education and Culture must be notified.

2. In archaeological protected areas, the Department of Education and Culture must be notified well in advance before commencing excavation work.

3. The Department of Education and Culture shall promptly have the site or the affected part of the archaeological protected area examined by experts and shall order the necessary measures. It may order excavations, secure artifacts, and conduct inventory work. The costs of the investigation shall be borne by the canton.

4. Historical artifacts become the property of the canton. They must be made accessible to the public whenever possible.

5. Archaeological sites and archaeological protected areas may not be altered, destroyed, or endangered in their existence without permission.

6. Archaeological investigations must be tolerated as far as archaeological sites are present on a property or are highly likely to be suspected.

7. If the property owner incurs direct damage due to measures for the exploitation or safeguarding of archaeological sites, they are entitled to compensation for the same by the canton.

1. Deviations from the substantive provisions of this regulation are permissible if

a. the guarantee of property would otherwise be unreasonably restricted or abolished in its essence;

b. other overriding public interests can be asserted.

1. The scope of protection for individual protected objects may be regulated through public-law agreements between the competent authority and the affected property owner. For objects of local significance, the cantonal department for heritage preservation must be consulted in advance. In this agreement, the parts to be preserved must be designated, and the manner of maintenance and renovation work must be specified. If such work is anticipated, the public authority's contribution to the costs must be determined.

2. Agreements are registered in the land register as public-law property restrictions upon the application of the competent authority.

1. If a necessary agreement is not reached, the competent authority may determine the extent of protection by order, after consulting the cantonal agency for the preservation of monuments. The order must be consistent with the protection objective and be proportionate.

2. Orders are noted in the land register as a public-law restriction on ownership upon application by the competent authority.

1. The canton and municipal communities promote the preservation of private protected objects, particularly the restoration of private architectural and cultural monuments, with contributions. According to the criteria of the Federal Commission for Monument Preservation, eligible costs are those that arise in direct connection with the substance worthy of protection, but not costs that primarily serve other purposes, such as increasing comfort, improving revenue, energy savings, etc.

2. The canton provides contributions for protected objects of national and regional importance, while the municipalities provide contributions for those of local importance.

3. The amount of the contributions is determined by the classification of the protected objects and is up to the following for objects of

Importance | Cantonal contribution up to a maximum of % | Municipal contribution up to a maximum of %

--- | --- | ---

national importance | 30 | -

regional importance | 30 | -

local importance | - | 30

4-5

...

1. The Cantonal Council determines the funds available for the preservation of private protected objects annually in the state budget.

2. The contributions from the canton are determined by the Executive Council.

3. Applications for contributions must be submitted to the Department of Education and Culture in a timely manner before the commencement of restoration work, along with all necessary documents. The applicant must provide all required information and details. The Office of Monument Preservation regulates the public sector's cost participation before construction begins.

1. If cantonal and municipal contributions are granted without an agreement as per Article 15 of this regulation, the authorities shall attach conditions and stipulations to secure the granting.

**1. If the purpose of the protective measure is subsequently thwarted, the contributions must be refunded. The competent authority shall order the recovery within one year after becoming aware of the claim.**

**2. If an object of protection, for which a cantonal or municipal contribution was granted, changes hands with profit within ten years after the disbursement of the contributions (after the final payment), the benefits received from the canton and the municipality can be fully or partially reclaimed. The decisive factor is generally the profit from the sale according to the cantonal tax legislation, whereby, however, contributions from the federal government, canton, and municipality are deducted from the investment costs, regardless of whether they become refundable or not.**

**3. The obligation to refund is to be noted in the land register as a public law property restriction upon registration by the authority granting the contribution.**

1. The Protection of Townscapes and Archaeological Areas falls under the jurisdiction of the Municipalities. The Department of Education and Culture must be consulted beforehand.

2. The Protection of Cultural Objects, along with their surroundings, falls under the jurisdiction of the Canton if such objects are of national and regional significance; and under the jurisdiction of the Municipalities if they are of local significance.

3. Protection by the Canton is carried out within the framework of cantonal protection plans. The procedure is, by analogy, governed by Articles 16 to 20 of the Planning and Building Act. Protection by the Municipalities is executed within the framework of their Building and Zoning Ordinance. The Municipalities must indicate on their zoning plans the objects protected by the Canton.

**1. Execution Authority for Protective Provisions**

Insofar as no other executing authority is designated in this regulation, the enforcement of protective provisions, conditions, and stipulations is entrusted to the authority that has issued the protection.

**2. Building Applications and Neighborhood Plans**

Building applications and neighborhood plans concerning protected urban areas, heritage objects, surrounding protection areas, and archaeological protection areas must be forwarded by the building permit or neighborhood plan approval authority to the specialist office for monument preservation, which will conduct a preservation assessment.

**3. Notification to the Cantonal Monument Preservation Office**

Neighborhood plans established or approved by the municipal council, neighborhood plans approved by the government council, as well as building permits and agreements pursuant to Art. 15 of this regulation, must be submitted to the cantonal office for monument preservation, provided they concern protection areas or protection objects.

1. The Government Council is the supreme supervisory authority in matters of monument protection. It issues the cantonal protection plans as well as the protection orders for cantonal protection objects.

2. Unless another cantonal enforcement authority is designated in this ordinance and the jurisdiction does not arise from other cantonal decrees, the Department of Education and Culture enforces the tasks in monument protection.

1. The cantonal specialist office processes building permit and contribution applications for protected objects, drafts agreement proposals, and makes requests to the Department of Education and Culture. It may consult the Monument Preservation Commission for advice.

2. The cantonal specialist office assesses neighborhood plan and building permit applications in areas of heritage, environment, and archaeological protection and, if necessary, submits requests to the Monument Preservation Commission. The specialist office independently processes permit applications of limited significance within the specified deadlines.

3. The cantonal specialist office is responsible for matters related to archaeology.

1. The Department of Education and Culture designates a cantonal conservator who leads the cantonal specialist unit.

2. He accompanies and oversees the restoration of protected sacred and secular architectural and cultural monuments.

1. The municipal communities are authorized to establish their own commissions in the area of monument protection.

1. Whoever intentionally or negligently violates this regulation or orders and decrees based on it shall be punished with a fine of up to CHF 20,000. Punishable acts particularly include activities without a permit that alter a protected object, an archaeological site, or an archaeological protected area.

2. In serious cases or in cases of repeated offenses, the fine may be accompanied by a prison sentence of up to three years.

3. Jurisdiction and procedure are determined by the Code of Criminal Procedure.

4. Incitement and aiding and abetting are punishable.

5. Prosecution is time-barred three years after the discovery of the violation. Absolute limitation occurs six years after the commission of the act.

**1.** Anyone who impairs or destroys a protected object, an archaeological site, or an archaeological protection area may be required by the municipal council or the Department of Education and Culture to reverse the unlawful actions or bear the costs arising from the removal of the damage, independent of any criminal proceedings.

**2.** If an obligated party fails to meet their obligations despite a warning, the competent authority shall carry out the necessary measures at the party's expense. The substitute performance must be timely threatened before its execution.

1. Appeals against orders and decisions of the Department of Education and Culture, as well as the local municipalities, can be lodged with the Government Council in writing and with reasons within 20 days.

2. Cantonal associations and the cantonal sections of Swiss associations dedicated statutorily to heritage protection, are entitled to submit objections and appeals in the area of monument protection, provided they were established at least ten years prior to filing the objection or appeal.

1. ...[13]

1. Provisions that contradict this regulation are repealed, namely

a. ...[14]

b. ...[15]

1. The government council determines when this ordinance comes into force.

2. Article 15 paragraph 2, Article 16 paragraph 2, and Article 20 paragraph 3 of this ordinance require the approval of the Federal Council.