Legislator Case Law & Legislation
451.102 NHGLPNP CH-SH

§ 6 Implementing Ordinance on the Act on the Protection of Nature and Cultural Heritage (NHG) - Art. 7b Para. 4 NHG

Effect
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§ 6 Enforcement Ordinance to the Nature and Cultural Heritage Protection Act (NHG) · Art. 7b Para. 4 NHG

1. The municipal council submits the decisions pursuant to paragraph 1 to the building department.

2. The legal force becomes effective after 30 days if the appeal period is not utilized by the building department.

← § 5 Execution Ordinance to the Nature and Heritage Protection Act (NHG) Implementing Ordinance on the Act on the Protection of Nature and Cultural Heritage (NHG) - Article 6 Paragraph 2 NHG § 7 Execution Ordinance to the Nature and Cultural Heritage Protection Act (NHG) - Art. 8b para. 1 NHG →

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Court Decisions Applying This Provision (9)

60/2004/12 · sh (Art. 6 NHG)
Developer's Exception Permit for New Construction Overturned Due to Zoning and Scenic Site Conflict
Cited as the standard for review when deviating from ISOS protection, although the court left open whether the impact was severe or slight.
60/2008/48A · sh (Art. 6 NHG/Bund)
Municipality v. Cantonal Government: Cellular Facility Permit Dispute
Used as the standard for protecting the local cityscape of national importance, establishing the duty of uncompromised preservation unless outweighed by equal or higher national interests.
60/2023/29 · sh (Art. 6 NHG)
Bicycle Path Construction Deficiencies and Procedural Violations
Cited in the context of the ENHK requiring proof that the project complies with the requirement of the greatest possible preservation of the BLN object.
60/2023/39 · sh (Art. 6 Abs. 1 NHG/SH)
Demolition Permit Annulled Over Failure to Establish Necessity and Violate Right to be Heard Regarding Ancillary Building Demolition
The court discusses the creation and management of inventories of protected zones and objects under this provision in E. 3.1.
60/2011/6/und/Nr/60 · sh (Art. 6 NHG)
Tower Replacement Permit Annulled Due to Landscape Intrusion
Cited in the context of the requirement for uncompromised preservation in areas protected under the Federal Inventory of Landscapes and Natural Monuments (BLN).
60/2015/25 · sh (Art. 6 Abs. 2 NHG)
Appeal Against Building Permit in Protected Old Town Upheld Due to Insufficient Expert Review and Procedural Flaws
Cited when explaining the limited direct applicability of the Federal Inventories (ISOS and BLN) in cantonal procedures.
60/2012/55 · sh (Art. 6 Abs. 2 NHG)
Neighborhood Development Plan Exceeding Heritage Protection Limits
This provision establishing the direct applicability of the ISOS is mentioned only in the reasoning about its relevance to cantonal/communal tasks, not in the dispositive.
60/2014/6 · sh (Art. 6 NHG)
Municipal Autonomy in High-Rise Permitting and Environmental Assessment
Cited in the context of achieving the required protection of a national landscape monument (BLN object) through conditions imposed on the project.
60/2012/8/und/60/201 · sh (Art. 6 Abs. 2 NHG)
Building Permit Denial for Development in Protected Heritage Area Upheld
This provision was cited in the reasoning regarding the applicability of federal inventories (ISOS/BLN), but it was not explicitly used in the final orders concerning the merits of the decision.