Implementing Ordinance on the Act on the Protection of Nature and Cultural Heritage (NHG) - Article 6 Paragraph 2 NHG (NHG)

1. Art. 7b para. 1 and Art. 8b para. 1 and 2 also apply to objects according to Art. 6 para. 2.

1. The competent authority is determined according to Art. 57 of the Building Act and the classification of the object (national and regional: Department of Building, local: Municipal Council).

1. Refraining from a Protective Measure is Only Possible Based on a Documented Balancing of Interests in Writing.

1. Where the Department of Construction has jurisdiction in accordance with Art. 57 of the Building Act, it shall obtain the necessary statements from the cantonal specialist offices. This also applies, except for approvals pursuant to Art. 57 para. 1 lit. f of the Building Act, to protection zones of local significance.

2. Art. 7b para. 1 also applies to objects pursuant to Art. 6 para. 2.

1. In zones of national or regional importance, for unprotected (partial) objects, a professional opinion may be waived for all measures that do not appear externally or do not require a building permit.

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.

1. The Building Department obtains the necessary statements from the cantonal specialist offices.

2. Art. 8b para. 1 also applies to objects according to Art. 6 para. 2.

1. In cases where the Building Department has jurisdiction according to Art. 57 of the Building Law, it obtains the necessary statements from the cantonal expert offices.

2. Art. 8b para. 2 also applies to objects pursuant to Art. 6 para. 2.

1. Finality occurs when the appeal period expires without being utilized, through the Building Department, after 30 days.

1. For the general transfer of municipal tasks to the cantonal specialist office, a service agreement must be concluded.

1. Telephone inquiries are not subject to compensation.

2. The cantonal specialist office can be consulted annually based on an agreement for a flat-rate compensation.

3. The canton charges a maximum of 30 percent of the net expenditures of the cantonal specialist office.

1. The requirement for a protection agreement or designation for protection may be waived in cases of

1. Contributions under CHF 2,000.00

2. Upgrading of roads, paths, and squares

1. The Department of Building is authorized to allocate funds from the Nature and Heritage Protection Fund up to a maximum of CHF 30,000.00.

2. The Department of Building is authorized to include protection objects of cantonal significance, which are already listed in a directory approved by the Executive Council pursuant to Art. 6 para. 2, in the cantonal inventory under Art. 6a NHG simultaneously with the decision on the contribution payment according to para. 1.

1. This regulation shall enter into force on January 1, 2019.

2. It shall be published in the Official Gazette and included in the cantonal law collection.