Ordinance on Contributions to Monument Preservation, Nature and Heritage Protection Measures (Beitragsverordnung) - Purpose, Scope

1. This regulation governs the scope, enforcement, procedure, and responsibilities for the allocation of contributions pursuant to Art. 70 EC of the RPG.

2. Contributions support

a) Maintenance, restoration, and acquisition of cultural objects, as well as measures in the interest of preserving protected townscapes and landscapes;

b) Maintenance, restoration, and acquisition of properties in nature conservation zones, as well as natural objects;

c) Measures in the interest of ecological balance;

d) Conservation of endangered animal and plant species.

1. Conditions and Requirements as well as Property Restrictions attached to the granting of one-time contributions under this regulation shall be noted in the land register. The notation is free of charge.

1. Contributions under this ordinance are granted for the eligible costs of

a) maintenance and repair works carried out in accordance with an overall preservation concept on cultural objects protected at the cantonal or municipal level; contributions are also available for work on interior furnishings (excluding movable items) if they are of historical significance;

b) the acquisition of cultural objects, if their preservation is not possible in ways other than through purchase;

c) the acquisition of real estate in the interest of environmental protection for cultural objects or protected townscapes;

d) the organization of architectural competitions in townscape protection zones and their immediate area of influence, aimed at achieving high-quality new construction or renovation projects that consider the historical building substance.

2. Within protected townscapes and protected hamlets, contributions can also be granted for maintenance and repair works on objects that are not individually protected, as well as measures in the interest of environmental protection.

1. Eligible costs are considered the additional expenses that arise from the fulfillment of monument preservation-related protection provisions and requirements.

2. For components that need to be replaced within the scope of restoring the original overall appearance in the interest of monument preservation, the full construction costs can be credited.

3. Non-eligible expenses include

a) Routine maintenance works that incur independently of monument preservation provisions and requirements;

b) Works and measures that are carried out solely for the purpose of making the object more profitable;

c) Construction interest, approval fees, and other charges.

1. When acquiring cultural objects, that portion of the contractually agreed purchase price is considered eligible costs which exceeds the official market value estimation after taking into account any monument preservation contributions made. The market value estimation is to be newly conducted at the time of acquisition, taking into consideration the agreed purchase price.

2. When acquiring real estate, the eligible costs are the contractually agreed purchase price minus the capitalized income from future use. The purchase agreement must be submitted to the authority responsible for granting contributions for review prior to the conclusion of the contract.

1. Eligible costs are considered to be the total expenditures for the preparation and execution of architectural competitions.

1. For protected cultural objects, the contribution rate amounts to 25-60 percent of the eligible additional costs.

2. For unprotected objects pursuant to Article 3, paragraph 2, in scenic protection zones of national and municipal importance, as well as in protected hamlets, the contribution rate amounts to 15-50 percent of the eligible additional costs.

3. To avoid cases of hardship, the competent authority may, by way of exception, deviate from these contribution rates.

1. In the acquisition of cultural objects, the eligible costs may be fully covered, taking into account any potential federal contributions.

2. In the acquisition of real estate, the contribution rate, including federal contributions and adjusted according to the significance of the object of protection, may be up to 65 percent of the eligible costs. Article 7, paragraph 3 remains reserved.

1. The contributions to architectural competitions range, including federal contributions and based on the significance of the site's appearance, from 30 to 65 percent of the eligible costs.

1. In the assessment of contributions, both the heritage value of the object to the public and the interests of the applicant in the proposed measures must be considered.

1. The canton and the municipality where the property is located share the contributions for measures according to Article 3 jointly.

2. The community responsible for protection bears two-thirds of the contributions.

2bis. In cases justified by monument preservation, the heritage preservation authority additionally requests a federal contribution, which is calculated according to federal legal principles.

3. Upon the request of the Commission for Monument Preservation, the government council may, in exceptional cases, determine that the canton assumes a higher share of the costs, especially in municipalities that are disproportionately burdened by services under this ordinance.

1. In maintenance and repair work, the owners of the objects are the recipients of contributions.

2. When acquiring cultural objects and properties, political municipalities, church parishes, and legal entities of public or private law (such as foundations and associations), whose objective includes the preservation of cultural objects and local images, can be recipients of contributions.

3. In architecture competitions, the organizer is the recipient of contributions.

1. Contribution requests must be submitted prior to the commencement of the work to the municipality where the property is located, addressed to the Office for the Preservation of Monuments, and accompanied by all necessary documents. In the case of acquiring cultural objects or real estate, a financing plan must be submitted. The Office provides the municipalities with application forms.

2. The Office reviews the requests substantively and in particular, determines the eligible costs.

3. Before issuing the contribution decision, the responsible civic community must be consulted, especially regarding the amount of the contribution rates.

4. Project and cost changes must be promptly reported by the applicant to the municipality for the attention of the Office.

5. The contribution requests are forwarded to the federal government via the Office.

1. When a contribution is pledged, conditions and requirements may be stipulated. In the case of cultural objects, the following applies in every case

a) The object must be maintained in a condition that complies with protection regulations;

b) any change in ownership of the object must be reported by the competent land registry office to the contribution authority.

2. Architectural competitions are to be conducted in accordance with the regulations of the Swiss Society of Engineers and Architects. One representative each from the canton and the municipality is to be elected to the jury.

1. Upon the complete conclusion of a measure supported by contributions, the applicant shall promptly submit the final account and original receipts to the municipality, which forwards them to the Monument Preservation Office. This office reviews the documents and arranges for the disbursement of federal, cantonal, and municipal contributions.

2. For construction works, partial payments of the promised contributions may be granted upon justified request and in accordance with the progress of the work. Requests for partial payments must be submitted in the same manner as applications for contributions. The canton and municipalities may disburse the contributions in installments, whereby for larger projects this should typically be determined in conjunction with the commitment of the contribution.

1. If conditions and requirements are not met or if the property is wholly or partially used for an unintended purpose, the contributions must be refunded in full or in part. The refundable amount decreases by five percent of the disbursed contribution each year. Contributions that were wrongfully received must be fully refunded.

2. Contributions to architectural competitions are also considered as wrongfully received if their results are not implemented in construction or are not implemented within a reasonable period.

3. Municipalities are obliged to promptly report to the competent cantonal authority if they become aware of an occurrence that triggers the obligation to repay. The further procedure is the responsibility of the competent cantonal authority.

1. Decrees regarding contributions to measures pursuant to Art. 3 shall be issued by the community responsible for the protection of the respective object or area.

2. For contribution decrees within the jurisdiction of the canton, the responsibilities are regulated as follows

a) The government council decides on contributions for the acquisition of cultural objects and real estate (Art. 3 lit. b and c), as well as on exceptions according to Art. 11 para. 3;

b) the commission for monument preservation decides on all other contributions to measures under Art. 3.

1. The oversight of monument preservation and heritage protection lies with the Executive Council.

2. The responsible department is the Department of Education and Culture.

1. The government council shall appoint a commission for monument preservation consisting of at least five members. The commission shall include one representative each from non-profit organizations involved with monument preservation and homeland protection within the canton, as well as representatives from municipalities. The Director of Cultural Affairs shall serve ex officio as the president of the commission.

2. The commission shall decide on grant applications within the scope of the authority defined by Article 17. In addition, the commission is particularly responsible for the following tasks

a) Submitting proposals to the government council regarding grants within its area of jurisdiction;

b) Providing opinions to municipalities regarding grant applications within their area of responsibility;

c) Classifying objects and establishing conditions and requirements related to the granting of subsidies;

d) Representing and coordinating the interests of monument preservation and homeland protection within the canton, as well as outwardly;

e) Providing opinions on matters of protection, new legal foundations, and planning in the field of monument preservation and homeland protection.

1. The Executive Council designates an administrative office or a specifically appointed person as the authority responsible for monument preservation.

2. The responsible authority advises public authorities and private individuals on issues of monument preservation and homeland protection. Furthermore, it is entrusted with the following tasks in particular

a) Examination of all grant applications and forwarding them to the competent authority;

b) Ensuring the proper execution of measures supported under this regulation and monitoring the appropriate use of grants;

c) Review of construction accounting;

d) Initiation of grant payments;

e) Liaison with the competent federal, cantonal, and municipal authorities;

f) Conducting or overseeing inventory and research activities;

g) Informing the public in the areas of monument preservation and homeland protection.

1. Contributions made under this regulation support the achievement of goals pursued in nature conservation with protected zone plans, individual decrees, or private law agreements. Primarily, it compensates for the special management efforts or potential loss of income resulting from the protection regulations.

2. The following contributions are provided

a) Management contributions;

b) Compensation for loss of income;

c) Contributions for construction measures in the interest of nature conservation;

d) Contributions for ecological balance measures;

e) Contributions for the acquisition of land in nature conservation zones as well as natural objects;

f) Contributions for the preservation of endangered species of animals and plants.

1. Contributions to measures for the benefit of nature conservation outside the building zones shall be covered by the canton.

2. Contributions to nature conservation measures within the building zone are the responsibility of the municipalities.

1. Management contributions from the canton are disbursed ex officio. Applications for contributions and compensations must be submitted to the municipality where the matter is located, addressed to the Office for Nature and Landscape, including all necessary documents.

2. The Office reviews the applications and submits a proposal to the competent authority.

3. Applications for municipal contributions must be submitted to the municipality, which also makes the decision regarding them.

1. If the boundaries of a protection zone are not readily visible or if the zone borders a fertilized area, the Department of Construction and Economic Affairs shall arrange for their marking with stakes.

1. If the maintenance and care of properties in nature conservation zones, as well as of nature conservation areas protected under private law or by individual orders, cause special expenses, the managers shall receive annually recurring management contributions.

2. A manager is any natural or legal person or association of persons who operates the land on their own account and risk.

3. Management contributions are only paid if the conservation regulations have been adhered to in the relevant year.

1. Maintenance Contributions per Are and Year

a) CHF 8.- to CHF 12.- for litter meadows (wetlands);

b) CHF 6.- to CHF 12.- for poor meadows (drylands);

c) CHF 2.- to CHF 8.- for meadows and pastures with rare plant populations;

d) CHF 2.- to CHF 4.- for pastures with regular cattle grazing, provided that management regulations are agreed upon.

2. No contributions are paid for other nature conservation zones.

3. The amount of the contribution is determined by the Department of Nature and Landscape, in consultation with the Department of Public Welfare and Agriculture, and after hearing the landowner and the manager, prior to the initial payment for each affected property. Relevant factors for determining the contribution amount include management difficulties (slope, obstacles, inadequate access, etc.).

1. Contributions pursuant to Article 26 of this Regulation are paid in addition to area contributions under Article 5 of the Regulation on Management Contributions to Agriculture for Difficult Production Conditions and Ecological Services.

1. The disbursement of contributions shall be made separately from the area contributions pursuant to the Ordinance on Management Contributions at the end of the calendar year by the Agricultural Secretariat. Prior to this, it receives notification from the Office for Nature and Landscape about the fulfillment of the protective measures.

2. Management contributions shall be disbursed ex officio for the first time in 1992.

1. Wrongfully Received Management Contributions Must Be Refunded.

1. If the previous agricultural use of a property, which falls within the usual scope, is restricted to such an extent by the cantonal protection zone plan, an individual ordinance, or a private law agreement that a proven loss of income occurs, compensation shall be paid for such loss. It shall be disbursed for 20 years following the occurrence of the loss of income.

2. Recipients of such compensation are the landowners.

1. The amount of compensation is determined by the extent of the loss of earnings.

2. The compensation is assessed by the Office for Nature and Landscape in agreement with the Department of Public and Agricultural Affairs based on the guidelines to be issued by the Government Council for each affected property. For adjustments, Article 26 paragraph 1 applies accordingly.

1. The compensation is generally paid annually at the end of the year. A condition for the initial payment is the legally binding determination of the loss of earnings and the notation of the restriction on property ownership in the land register.

1. Unduly Received Remunerations Must Be Repaid.

1. For construction measures that serve the achievement of nature conservation goals, such as the creation of indispensable, site-appropriate access roads or marsh ditches, contributions of 40 to 80 percent of the actual construction costs may be granted. The costs of enclosures as well as measures for the regulation of water management in protected areas can be fully compensated if the conservation objectives cannot be achieved otherwise.

2. Recipients of contributions are the property owners.

1. Measures serving ecological balance, particularly the protection of endangered animal and plant species, such as the planting of field woods, hedges, riparian woodlands, the creation of stepped forest edges, etc., may receive one-time contributions up to 50 percent of the identified costs. The recipient of the contribution is the person who implements the respective measure.

2. In areas where there are significant gaps in the network of biotopes, besides a contribution under paragraph 1, substantial income losses resulting from the measures taken can also be compensated. The provisions of Articles 30-33 apply mutatis mutandis. Details are regulated by the Council of Government.

1. If the conditions and requirements for contributions pursuant to Art. 34 and Art. 35, para. 1 are not met, they shall be wholly or partially refunded. The refundable amount decreases by five percent for each year in which the regulations were fully complied with. Contributions that were unduly received must be refunded in full.

1. Contributions toward the acquisition of land in nature conservation zones as well as natural objects fall under the jurisdiction of the Government Council.

2. The decision regarding the compensation for income losses (Art. 30 et seq.) and contributions toward construction measures (Art. 34) as well as measures for ecological balance (Art. 35) is made by the Department of Construction and Economic Affairs upon the recommendation of the specialist office.

3. The allocation of management contributions is determined by the office for nature and landscape in agreement with the agricultural secretariat.

1. The supervision of nature and landscape lies with the Cantonal Executive Council.

2. The competent department is the Department of Construction and Economic Affairs.

**1. The Government Council designates an administrative office subordinate to the Department of Construction and Environment as the Specialist Unit for Nature and Landscape.**

**2. The Specialist Unit for Nature and Landscape is entrusted with the following tasks in particular:**

a) Advising and motivating authorities and the public on all matters concerning nature and landscape, and coordinating the activities of the canton, municipalities, non-profit organizations, and private individuals in this field;

b) Updating the cantonal protection zone plan, drafting protection ordinances, and issuing individual orders;

c) Reviewing applications for contributions and making decisions or submitting proposals pursuant to Article 37 of this ordinance;

d) Monitoring the compliance with protection regulations as well as conditions and requirements attached to contributions according to Articles 25 and following.

1. Decisions of the Offices for Monument Preservation and for Nature and Landscape can be appealed to the competent Department within 20 days.

2. Decisions of the Commission for Monument Preservation, the Department of Education and Culture, the Department of Construction and Economic Affairs, as well as those of the municipalities, can be appealed to the Government Council within 20 days.

1. The governing council shall issue the necessary implementing provisions, particularly for the allocation of the eligible costs in accordance with Art. 4 et seq., and for the determination of the management contributions pursuant to Art. 26.

1. This regulation repeals the following provisions

a) Regulation on Monument Preservation;

b) Regulation on the Allocation of Contributions for Measures in the Field of Monument Preservation;

c) Art. 4 para. 2 of the Regulation on Nature Conservation.

1. The Executive Council determines, subject to the approval of Article 2 by the Federal Council, the commencement of this ordinance.