Archaeology Ordinance (ArchV) - Cantonal Specialist Agency (ArchV)
Table of Provisions (8)
Statutory Text (8 Articles)
1. The regional office for archaeology is the Department of Culture.
2. The office is responsible for execution, unless other bodies are designated for this purpose.
3. Anyone who discovers archaeological sites or objects, or indications of their presence, must immediately report this to the office.
4. Archaeological excavations and building investigations, as well as the search for antiquities, require the approval of the office.
1. The Cantonal Commission may order the examination of properties on which archaeological findings are suspected or have been discovered.
2. To ensure the examinations, it may order the necessary measures, particularly test excavations or investigation timeframes during a specific construction phase.
3. If an order is issued that affects a building project requiring approval, it may ensure that the corresponding order is integrated into the building permit.
4. For archaeological sites and their immediate surroundings, it may apply to the competent district council or the fire inspection commission for a protection order procedure under the Ordinance on Natural and Heritage Protection (NHP).
1. Modifications to protected archaeological sites and their protected surroundings require the approval of the competent authority. This approval must be integrated into any construction permit that may apply.
2. The building permit authorities must report, by operation of law, construction investigation requests and construction applications involving excavation work within an archaeological zone to the competent authority.
3. Additional excavation work in an archaeological zone, from a depth of half a meter, must be reported to the competent authority in advance. Exempt from this requirement are excavations on a paved traffic area, provided they do not extend below the subgrade.
4. Projects requiring approval or notification can be submitted to the competent authority for preliminary review whenever possible.
1. The specialist agency and the authorities responsible for the protection are entitled to indemnification to carry out or have carried out the necessary clarifications on the respective property.
1. Archaeological finds become the property of the canton.
2. Copyrights arising from the execution and evaluation of mandated archaeological investigations belong to the canton. In the case of contractors, they must be contractually secured in favor of the canton.
1. Anyone who alters or endangers protected archaeological objects or sites without permission, affects their value or impact, or violates notification or permission obligations under this ordinance shall be punished with a fine.
2. In the event of damage to protected objects or archaeological items, or impairment of the protective purposes of this ordinance, compensation for damages shall be provided. Instead, the competent authority may order restoration.
1. Upon the entry into force of the regulation or the establishment of an archaeological zone, ongoing works pursuant to Art. 3 must be reported to the competent authority without delay. The provisions of this regulation apply mutatis mutandis.
1. The governing commission shall determine the effective date.