Act on the Protection of Nature and Cultural Heritage

1. This law aims to preserve and, where the interest of protection prevails, maintain landscapes worthy of protection, recreational areas and townscapes, historical sites, as well as natural and cultural monuments and their surroundings.

2. Furthermore, the law regulates the protection of wild-growing plants, their habitats, and the habitats of wild-living animals.

1. Everyone has the obligation to protect the objects as defined in Article 1 and to care for the living environment of humans, animals, and plants.

1. The canton and the municipalities must consider nature conservation and preservation of cultural heritage when fulfilling their duties.

2. For this purpose, they may implement protective measures and attach or refuse permits, approvals, contributions, concessions, and similar to corresponding conditions and requirements.

1. Protective measures require that the object to be protected is worthy of protection.

2. Objects that are characterized by their uniqueness, rarity, or harmonious overall appearance are considered worthy of protection. In this context, the ecological significance as well as the cultural, historical, and scientific importance of the objects must also be taken into account.

3. Before the competent authorities impose property restrictions, they must attempt to achieve the desired protection objective voluntarily. For this purpose, they may enter into agreements, establish easements, or acquire protective objects within the framework of the available funds.

1. All Protective Measures Must

a) Specify the Object of Protection

b) Establish the Protection Objectives

c) Contain the Protection Provisions

1. Objects of Protection are

a) Areas that encompass larger land surfaces or represent complete structural or natural appearances, whose value for protection derives less from the worth of their individual components and more from their interaction to form a characteristic whole.

b) Individual objects, whose value for protection arises from their significance.

2. Areas considered worthy of protection include recreational spaces, valuable townscapes, river and lakeshores, natural landscapes, and important habitats for animals and plants.

3. Objects considered worthy of individual protection include, in addition to movable objects, natural and cultural monuments such as sections of bodies of water, individual trees and tree stands, small biotopes and viewpoints, as well as architectural monuments, individual building parts, historical sites, archaeological zones, and similar objects. If the significance of the object worthy of protection warrants it, its surroundings can also be placed under protection.

1. The protected objects are classified into those of

a) national significance

b) regional significance

c) local significance

1. The protective objectives are to be aligned with the purpose of this act.

1. Protective Provisions contain rights and obligations as well as property restrictions that are necessary and suitable to achieve the protection objectives. They must be proportionate.

2. The right of expropriation remains reserved as an ultimate protective measure.

1. Protective measures for protection objects of national and regional significance are enacted by the Government Council, while those for protection objects of local significance are issued by the respective municipality.

2. If there is a dispute regarding whether a protection object holds national, regional, or local significance, the Government Council shall decide.

3. If a municipality fails to take sufficient protective measures in a timely manner for protection objects of local significance, such measures will be ordered by the Government Council, after consulting the municipality. The protective measures thus enacted shall be considered as those of the respective municipality.

1. Protective measures for an area are to be taken in accordance with the provisions of the Building Act (RB [40.1111](https://rechtsbuch.ur.ch/data/40.1111/de)) concerning the issuance of district plans or as part of a zoning plan.

2. Protective measures for individual objects are implemented by order according to the Ordinance on Administrative Procedure (RB [2.2345](https://rechtsbuch.ur.ch/data/2.2345/de)).

3. Until the procedure is legally concluded, protective measures can be provisionally declared effective for a period of two years. The provisional effect can be extended for a maximum of one year.

1. Protective measures that do not pertain to movable property are to be noted in the land register as public law restrictions on ownership within the meaning of Article 962 of the Swiss Civil Code, along with their applicable protection objectives and protection regulations.

1. Measures that significantly alter a protected object are subject to approval.

2. Approval shall be granted if the proposed measures do not conflict with the protection objectives and the protection regulations for the respective protected object and do not violate any other provisions of federal and cantonal law.

1. If the intended measure concerns a protection object of national or regional importance, the government council grants the permission; otherwise, the municipality does.

2. Permissions granted by the municipality must be reported to the competent directorate. The directorate has the right to challenge the decision before the government council by means of an administrative appeal.

1. Property restrictions imposed as protective measures give rise to a claim for compensation if their effect is equivalent to expropriation.

2. Compensations to be paid for protective measures are the responsibility of the canton or the municipality, depending on who implemented the measure.

1. The owner of a protected object may demand that the entity which enacted the protective measure purchase it, if the protective order impacts him like an expropriation. The purchase price corresponds to the expropriation compensation, which is to be determined according to the rules of the expropriation procedure (RB 3.3211).

1. The cantonal government issues an inventory of protected objects that it considers worthy of protection.

2. Protected objects listed in an inventory issued by the federal government are automatically considered part of the cantonal inventory and must be included in the cantonal register.

3. The cantonal protective inventory is not exhaustive. It can be supplemented or amended at any time.

1. Before a protected object is added to or removed from the cantonal protection inventory, the owner and the relevant municipality must be consulted. However, objects listed in a federal inventory are included in the cantonal protection inventory without further formalities.

2. The cantonal protection inventory and its amendments must be published in the official gazette.

1. The protection inventory has an indicative nature.

2. It serves as a basis for the competent authorities to take any necessary protective measures under this law.

3. If an object of protection, which is included in the protection inventory but for which no protective measures have been implemented, is to be significantly altered, the municipality must report this to the competent directorate prior to the alteration of the object of protection.

1. The competent authority maintains a register of all legally binding protective measures. It publishes the register and its amendments in the Official Gazette.

2. The municipalities shall promptly report to the competent authority the protective measures they have implemented.

1. Excavations of objects of historical and scientific significance require the approval of the competent authority, which establishes the corresponding conditions and requirements.

2. Scientific discoveries within the meaning of Article 724 of the Civil Code must be immediately reported to the competent authority. The location of the discovery must not be altered until it has been duly examined by experts. The governing council shall make the necessary decisions.

1. The municipality bears the responsibility for effective nature and heritage protection, insofar as it concerns objects of local significance.

2. For objects of regional and national significance, the municipality may apply to the government council for protective measures.

3. Where this law declares the municipalities competent, the municipal council is authorized and obliged to act. The municipal charter may designate another municipal body for this purpose.

1. The Government Council is the highest supervisory authority in the area of nature and heritage protection.

2. It is responsible for protected objects of regional and national importance.

3. The Government Council is the competent cantonal authority within the meaning of the federal legislation on nature and heritage protection (SR 451.1).

1. The competent directorate exercises direct supervision over the protection of nature and heritage in the municipalities.

2. It ensures the coordination of protective measures that affect multiple municipalities, as well as the liaison and cooperation with federal and cantonal offices and commissions for the protection of nature and heritage.

3. The competent directorate proposes to the executive council those protective measures for which it is responsible.

1. The Government Council appoints the Cantonal Nature and Heritage Protection Commission as an advisory body, which consists of at least seven members.

2. It designates the president. Otherwise, the commission constitutes itself. The responsible directorate manages the secretariat.

3. The Cantonal Nature and Heritage Protection Commission participates in the education, information, and promotion of understanding concerning the issues of nature and heritage protection. It advises the Government Council, the responsible directorate, and the municipalities on matters of nature and heritage protection. As far as practicable and possible, it may also advise private individuals.

1. The community and the bodies of nature and heritage conservation shall mutually support each other in striving to achieve the purpose of this law.

2. They shall promote understanding of nature and heritage conservation.

3. Special efforts shall be directed towards awakening the appreciation of natural and cultural values among the youth.

1. Within the framework of federal law, the government council designates the protected plant species and plant communities (RB 10.5121).

2. It issues implementing provisions, makes the necessary protection orders, and ensures that the protected plant species are published appropriately.

1. It is prohibited to pick, uproot, or dig up protected plants unless they have been artificially planted. Provisions of federal law (SR 451.1) remain reserved.

1. Police officers, wildlife rangers, fisheries inspectors, forestry personnel, as well as specially designated representatives with identification cards, are responsible for ensuring that the regulations concerning plant protection are enforced.

2. They must report violations to the police.

1. To achieve the objectives of this law, the canton may provide financial contributions to municipalities and private entities or enter into program agreements with them.

2. The amount of the contributions depends on the significance of the protected objects.

3. If their special services justify it, the canton may financially support private nature and heritage protection organizations.

4. Loans for such contributions are subject to the financial powers of the cantonal constitution and the provisions of the Financial Budget Ordinance (RB 3.2111), unless provided from the Nature and Heritage Protection Fund or within the framework of program agreements.

5. If the protective purpose ceases or if the purpose of the protective measure is subsequently thwarted, the cantonal contributions must be refunded. In cases of hardship, the government council may partially or completely waive this requirement.

1. To promote nature and heritage conservation, the canton establishes a Nature and Heritage Protection Fund.

2. Contributions from third parties intended for the interests of nature and heritage conservation, but not designated for specific protective measures, shall be deposited into the Nature and Heritage Protection Fund.

3. The governing council shall manage the resources of the fund.

1. Subject to specific provisions, legal protection against orders and directives pursuant to this law is governed by the Ordinance on Administrative Justice (RB [2.2345](https://rechtsbuch.ur.ch/data/2.2345/en)).

2. Insofar as objections, administrative appeals, or administrative court appeals against protective measures under Article 11 Paragraph 1 are permitted, the right of objection and appeal also extends to cantonal nature and heritage protection organizations. These organizations must be legal entities based in the Canton of Uri, primarily dedicated to nature and heritage protection according to their statutes, and must have been established at least ten years before submitting the objection or appeal.

3. The procedures for expropriations are subject to the provisions of the Expropriation Act (RB [3.3211](https://rechtsbuch.ur.ch/data/3.3211/en)).

1. In cases of actual or threatened violations against legally binding protective measures, the necessary enforcement actions must be taken.

2. Permissible actions include, in particular, suspension orders, seizure orders for movable property, and orders to restore the lawful condition.

3. The authority responsible for this is either the municipality or the government council, depending on who implemented the violated or threatened protective measure.

4. In urgent cases, the competent directorate can issue such orders.

5. Otherwise, administrative enforcement measures shall be governed by the Ordinance on Administrative Procedure (RB 2.2345).

1. A fine of up to 5,000 francs shall be imposed on anyone who, intentionally or through gross negligence

a) Acts contrary to protective measures

b) Violates the provisions concerning plant protection

c) Breaches the authorization and notification obligations set forth in Article 21

2. The proceedings shall be conducted in accordance with the provisions relating to cantonal criminal justice procedures.

1. The enforcement of this law is the responsibility of the Executive Council.

1. The Ordinance of December 30, 1963, concerning nature and heritage protection, preservation of antiquities and art monuments, and the promotion of contemporary art is repealed.

2. ...[13].

1. The Register of Protected Objects dated October 22, 1979, shall be considered as the cantonal protection inventory pursuant to Article 17.

2. The competent department shall establish the register of protection measures pursuant to Article 20 no later than one year after the entry into force of this Act.

3. Protection measures under the old law remain valid if they are adapted to the new law within three years following the entry into force of this Act.

1. This law shall enter into force on January 1, 1988.

2. Article 12 is subject to approval by the Federal Council.