Decision on the Delegation of Competences of the Building Directorate in the Areas Defined Below: Nature and Heritage Protection to the Office for Spatial Planning and Traffic; Building Law to the Office for Spatial Planning and Traffic or to All Offices of the Building Directorate; Water Law, Water Protection, Waste Disposal, Protection of Ecological Balance, and Energy Grants to the Office for the Environment; Approvals for Passenger Transport and Submission of Opinions on Concession Applications of the Federal Office of Transport to the Office for Spatial Planning and Traffic

1. The following powers of the Building Directorate (§§ 5 para. 2 letter d and 14 of the Planning and Building Act of November 26, 1998, PBG; §§ 3 para. 3 letter a, 14, and 16 of the Nature and Landscape Protection Act of July 1, 1993, GNL; Ordinance on the Preservation and Promotion of Hedges and Field Groves of March 24, 1992) are transferred to the Office for Spatial Development and Transport

a) Conclusion of contracts and issuance of orders pursuant to § 14 GNL;

b) Decisions regarding applications for the exceptional removal of shoreline vegetation, hedges, field groves, significant trees, and groups of trees in lake shore protection zones;

c) all decisions according to the Hedge Ordinance.

1. The following powers assigned to the Department of Building (§ 5 para. 2 lit. a and d Planning and Building Act) are transferred to the Office for Spatial Planning and Transport

a) * Updating (Maintenance) of the cantonal structure plan pursuant to Art. 11 para. 3 of the Ordinance on Spatial Planning dated June 28, 2000 (OSP);

b) * Decisions by the canton pursuant to § 10 of the Planning and Building Act (PBG);

c) * Decisions regarding exceptions to cantonal plans and building regulations within the framework of the Planning and Building Act (PBG) pursuant to § 14 PBG;

d) * Preliminary examination of municipal building regulations, zoning, or development plans pursuant to § 39 para. 1 PBG, if the simplified procedure pursuant to § 40 PBG is permissible. However, the preliminary examination of all municipal infrastructure, building line, and road plans is conducted by the Civil Engineering Office;

e) * Approval of municipal structure plans pursuant to §§ 5 para. 2 lit. c and 43 PBG.

1. The Powers of the Building Directorate in Procurement Law are Delegated as Follows

a) * The office preparing the contract award determines the type of procedure (§ 6 para. 1 letter c of the Procurement Ordinance of February 20, 2024, ProcO). Within the authorization framework, the departments and staff may determine the type of procedure themselves.

b) * The authority to award contracts by the offices, departments, and staff stems from the authorization framework.

2. The Authority of the Building Directorate for Credit Approval, Obtaining External Expert Opinions, and Finalization of the Final Accounts is Delegated within the Authorization Framework to the Office Leadership or the Deputy Office Leadership Responsible for the Project.

1. The authority transferred to the Building Directorate pursuant to § 3 para. 2 of the Ordinance on the Law on Roads and Paths of February 18, 1997 (V GSW) to grant concessions for special uses on cantonal roads and paths is transferred to the Civil Engineering Office.

1. The following powers, which are granted to the Department of Construction (§ 3 paragraph 1 of the Act on Waters of November 25, 1999, GewG), are transferred to the Office for Spatial Planning and Traffic

a) * Exceptions for the covering and piping of flowing waters in accordance with Art. 38 paragraph 2 of the Federal Act on the Protection of Waters of January 24, 1991 (Water Protection Act, GSchG).

b) * ...

1. The following powers granted to the Directorate of Construction (§ 2 para. 1 Introductory Act to the Federal Act on Environmental Protection of January 29, 1998, Introductory Act (EG USG); § 7 para. 1 no. 6 Delegation Ordinance of November 28, 2017, DelV) are transferred to the Office for the Environment

a) * Order concerning investigation, monitoring, and remediation of contaminated sites in accordance with Art. 32c para. 3 of the Federal Act on Environmental Protection of October 7, 1983 (USG);

b) * Order concerning reimbursement of costs for necessary investigation measures in accordance with Art. 32d para. 5 USG;

c) * Order concerning the securing of cost coverage pursuant to Art. 32dbis paras. 1 and 2 USG;

d) * Approval for the sale or division of a property registered in the cadastre of contaminated sites (KbS) in accordance with Art. 32dbis para. 3 USG;

e) * Order concerning the payment of subsidies within the framework of the building program up to 1500 Swiss Francs;

f) * Orders concerning default costs pursuant to Art. 32d para. 3 USG.

1. The following powers vested in the Directorate of Construction (§ 4 para. 3 lit. h and i of the Law on Public Transport dated February 22, 2007; § 1 of the Introductory Ordinance to the Federal Ordinance on Passenger Transport dated August 17, 1999) are transferred to the Office for Spatial Development and Transport

a) Issuance and management of the registers of cantonal permits for passenger transport pursuant to Art. 7, Art. 30 et seq., and Art. 80 of the Federal Ordinance on Passenger Transport dated November 4, 2009 (VPB);

b) Submission of the cantonal opinion on concession applications submitted by the Federal Office of Transport to the cantons.

1. In contentious cases, before changes in practice, and in principle decisions, the offices consult the Building Directorate for decision-making.

1. This decision shall enter into force on June 1, 2003.