Service Regulations of the Directorate of Public Works and Environmental Protection - Structure of the Directorate

1. The Organization of the Directorate into Departments is Governed by Section 7 of the Ordinance concerning the Government and Administrative Organization Act of Basel-Landschaft dated 19 December 2017.

1. The Head of the Directorate shall lead the Directorate across all sectors and is responsible, within the framework of the objectives decided by the Government Council, for the planning, coordination, and oversight of all matters falling under the jurisdiction of the Directorate.

2. The Head of the Directorate is supported in managing the Directorate by an Executive Board, which includes the heads of various sectors and other persons designated by the Head of the Directorate.

3. In the absence of Executive Board members, the Head of the Directorate may appoint deputies to attend Executive Board meetings.

4. The meetings of the Executive Board are primarily intended for the development of strategies, coordination, exchange of crucial information including domain-specific issues, opinion formation, alignment of a unified position of the Directorate externally and future actions, as well as the briefing on past and future significant activities.

5. Proposals by the Directorate to the Government Council must always be signed by the Head of the Directorate; in cases of absence and urgency, they may be signed by the acting Head of the Directorate.

6. In administrative matters, the Head of the Directorate is represented by the Secretary General; this also applies to routine technical decisions of the Directorate and for co-reports.

7. Investments falling within the Directorate's domain are managed by the respective competent sectors. The Economics and Finance Department of the General Secretariat is responsible for the implementation of the Law on Investments of June 15, 2017, and coordinates tasks within the Directorate.

1. Department heads act as representatives of the director in charge and manage their department within the framework of these service regulations in operational, organizational, professional, financial, and personnel matters.

2. The department heads ensure the coordination and execution of business transactions between the directorate and the departments within their area.

3. The department heads promote a uniform external stance of the directorate, coordinate this stance with the director in charge, and implement it within their department.

4. The director in charge issues job descriptions for the department heads and, in consultation with them, arranges for a deputy to represent the department heads during absences and specific affairs in their role.

1. Administrative offices are managed by a female or male head of the administrative office. They are responsible for strategic planning within the framework of overarching guidelines, as well as the development and implementation of their performance mandates. They prepare organizational manuals or process management systems for their office, incorporating input from department management within the framework of overarching guidelines. The administrative offices, incorporating input from the department management, advise the directorate in their assigned areas of expertise.

2. The female or male head of the administrative office appoints a deputy. The appointment of the deputy requires the approval of the directorate's head.

3. The heads of the administrative offices must ensure the involvement of other administrative offices, both within and outside the directorate, on matters that affect them. In cases involving strategic or political matters, the involvement of administrative offices from other directorates is coordinated through the directorate.

4. The relevant departments of the General Secretariat must be consulted in a timely manner.

5. Participation in external working groups is determined by the Secretary General upon the request of the administrative office.

6. The heads of the administrative offices support their department heads in maintaining a consistent external stance of the directorate and implement the directorate's stance within their office.

1. The heads of departments shall participate in the management conferences under the leadership of the director. These conferences serve in particular to coordinate the tasks of the directorate and for the exchange of information.

2. The director may invite other persons to the management conferences.

1. The departments submit the following to the Director for signature through their division management

a. Applications to the Government Council;

b. Orders, decisions, and expenditure authorizations that are not delegated to a department;

c. Correspondence with fundamental, political, or publicly impactful content;

d. Decisions regarding public procurement in the main construction industry, ancillary construction industry, for supplies and services with a contract value of CHF 100,000 or more (excluding VAT);

e. * Employment contracts of department heads and their deputies.

2. The departments submit requests for changes in function to the Director for approval through their division management. Approval may be delegated to the General Secretary.

1. The departments establish the signing authority within the department in consultation with the head of division. They are responsible for ensuring that the four-eyes principle is implemented in their respective areas.

1. The head of the department is responsible for adhering to the budget prescribed by their division management as well as for the approvals of department-related expenditures.

1. The departments fulfill the performance orders. The departments independently regulate the distribution of tasks, authorities, and responsibilities within the framework of overarching guidelines and in consultation with the divisional management.

2. Changes to the internal organizational structure must be documented in advance through the divisional management and submitted to the head of the directorate for approval.

1. Responsibilities of the Secretary-General

a. * Overall responsibility for the management of the Secretariat;

b. * Leadership of the functional units: Strategy and Processes.

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2. The Secretariat is divided into the following functional units

a. * Strategy, composed of the following departments

1. * Legal Department;

2. * Economic and Finance Department;

3. * Central Procurement Department;

4. * Actuarial Office administratively assigned to the Construction Appeal Commission;

5. * Digital Transformation Department.

b. * Processes, composed of the following departments

1. * Communications Department;

2. * Human Resources Department;

3. * Information Technology Department;

4. * Accounting Department;

5. * Central Services Department.

c. * ...

d. * ...

e. * ...

f. * ...

g. * ...

h. * ...

i. * ...

1. The General Secretariat serves as the staff office for the head of the directorate and as the coordination office of the directorate.

2. The scope of the General Secretariat specifically includes the following tasks

a. comprehensive advising and support of the head of the directorate, communicating goals and intentions, issuing orders to departments and units, coordinating departments and units, ensuring optimal business processes, ensuring business transactions with the Government Council, other directorates, the State Chancellery, and out-of-canton government offices, and handling central administrative tasks;

b. internal and external communication, particularly informing employees and the public about the activities of the Directorate of Construction and Environmental Protection;

c. legal affairs of the directorate and its units across all legal fields, especially planning, construction, environmental, energy, and procurement law, representing the units, the directorate, and the Government Council in courts and other legal proceedings, as well as handling complaints;

d. leadership and coordination of environmental protection experts in environmental impact assessments;

e. controlling, processing of subject files, and supporting the directorate as well as its units in economic, business management, and financial areas, centrally managing the accounting of the entire directorate and developing the cantonal investment program;

f. coordination and processing of subject files and supporting the directorate as well as its units in personnel matters, as far as tasks are not handled by the Service Center in the Directorate of Finance and Church Affairs, coordinating vocational training, and business transactions with the Cantonal Personnel Office;

g. procurement, maintenance, development, and planning of specialized internal applications within the directorate, insofar as these are not handled by the Central IT of the Directorate of Finance and Church Affairs, representing the client to Central IT, responsibility for the availability and quality assurance of geobase data within the directorate, and their integration into the cantonal GeoDataWarehouse;

h. * ...

i. * comprehensive advising, support, and participation in all phases of the procurement process of the directorate as well as other directorates of the cantonal administration, particularly in the development, monitoring, and execution of process flows in the cantonal administration;

j. * implementation of the Digital Transformation and corresponding organizational development throughout the entire directorate.

3. The Registry of the Construction Appeals Commission, which is only administratively assigned to the directorate, is responsible for handling specifically the instruction of complaints for the Construction Appeals Commission, advising the Commission, drafting orders and decisions, and representing the Commission before further legal instances, provided it has decided contrary to its previous instance.

1. In the specialized areas of Communication, Law, Economy and Finance, Accounting, Human Resources, Information Technology, Procurement, and Digital Transformation, the respective departments of the General Secretariat bear the professional leadership responsibility for the entire directorate.

2. The positions listed in paragraph 1 are authorized to issue instructions to other service offices and to exercise professional supervision in the aforementioned specialized areas.

3. The professional leadership task specifically means that

a. Press releases and media events from service offices, as well as any other information materials intended for a wider public audience (brochures, etc.), must be coordinated and discussed in advance with the Communication Department; media contacts must be reported immediately to the Communication Department;

b. external lawyers may only be consulted with prior approval from the Legal Department;

c. * the entire execution of the financial budget legislation must be carried out exclusively with prior approval from the Economy and Finance Department, which can issue directives regarding financial management and reporting to the directorate;

cbis. * the accounting, including the general ledger, accounts payable, accounts receivable, and asset accounting for the entire directorate, is managed by the Accounting Department;

d. * for the entire directorate, all new appointments and reappointments, job advertisements, as well as the hiring of employees, function changes, personnel decisions, personnel development, vocational training, and personnel planning must be coordinated and managed through the Human Resources Department of the directorate. For employment contracts not also signed by the head of the directorate, the HR department provides the second signature; the service offices submit bonus and salary increase proposals to the Secretary General through their department heads for decision;

e. procurement, storage, maintenance, and installation of IT materials, both hardware and software, require prior approval from the IT Department, which must also be timely involved in all projects with IT-relevant aspects and, if necessary, coordinate the evaluation of IT resources. Exceptions are granted by the directorate;

f. * the central procurement of necessary infrastructure and the determination of interfaces and responsibilities in collaboration and implementation of procurement procedures with the tendering bodies and the appointed individuals are carried out by the Central Procurement Office;

g. * Projects of Digital Transformation may only be planned and implemented with prior approval from the Digital Transformation Department.

1. The Head of the Office for Industrial Enterprises manages the department. Together with the Deputy Head, they constitute the department's management.

2. The Office for Industrial Enterprises is divided into the following functional units

a. Operation of industrial supply and disposal facilities (wastewater facilities, energy facilities, landfill facilities, water treatment facilities);

b. Technology (process engineering, project planning, and construction execution);

c. Central Services.

1. The Office for Industrial Operations fulfills the operational tasks assigned to the Directorate in the areas of planning, construction, operation, and maintenance of wastewater, water, energy, and waste facilities.

2. The duties of the Office for Industrial Operations specifically include

a. Planning, construction, operation, and maintenance of cantonal wastewater, energy, and waste facilities within the framework of legal provisions, directives from the Directorate, and the supervisory authority;

b. Evaluation and procurement of the necessary technical infrastructure in accordance with the procurement law;

c. Conducting quality controls, tests, and investigations for the optimal management of technical facilities;

d. Acquisition of customers and services to optimize the cost structure, including the operation of third-party facilities in the wastewater, water, energy, and waste sectors according to environmental protection legislation and in consultation with the Directorate;

e. Development of concepts and participation in overall concepts for wastewater, water, waste, and energy management;

f. Fee planning for the billing of the costs of wastewater, energy, and landfill facilities based on the relevant legal provisions;

g. Provision of accounting data, preparation of the operating accounts, and procurement of the basis for the billing of costs.

1. The head of the office as Cantonal Planner leads the Office for Spatial Planning. Together with the deputy and the person responsible for the administrative affairs of the office, they form the management of the office.

2. The Office for Spatial Planning, to which, according to the Agreement on the Organization and Management of Regional Planning of both Basels dated September 21, 1993, the Regional Planning Office of both Basels (RPS) is also assigned as a staff unit, is divided into the following functional units

a. Spatial Information (staff unit);

b. Regional Planning Office of both Basels (staff unit);

c. Cantonal Planning;

d. Local Planning;

e. Cantonal Monument Preservation;

f. * Noise Protection;

g. * Public Transport Department.

3. The functional units are also the specialist offices within the meaning of federal law concerning spatial planning, pedestrian and hiking paths, the bike paths concerning leisure networks, nature, and heritage protection concerning monument preservation, as well as noise protection.

1. The Office for Spatial Planning fulfills the tasks assigned to the Directorate in the fields of spatial planning, public transport, monument and site conservation, as well as noise protection.

2. The department of the Office for Spatial Planning as a service operation includes, in particular, the following tasks

a. Evaluation of spatially effective measures and reports, such as overarching plans, local plans, land consolidation projects, land reallocation, concessions, spatial and environmental impact reports, as well as construction projects, like high-rise, traffic and hydraulic structures, supply and disposal facilities, etc., concerning the tasks of all areas;

b. Cantonal planning tasks like spatial observation, forecasts, master plans, cantonal usage plans, development planning, spatial planning variance procedures, or the coordination of tasks regarding the preparation and updating of the agglomeration program, coordination of these tasks in the canton and with the responsible authorities of the federation, other cantons, and further planning entities;

c. Processing, coordination, and examination of building regulations and usage plans, including handling objections and complaints, as well as submitting proposals to the Governing Council; participating in cross-border cooperation, particularly in strategic spatial development, within the framework of cross-border organizations and bodies in consultation with the Directorate;

d. Addressing further spatial planning tasks in the interest or on behalf of the municipalities and regions;

e. Preparation and execution of measures for the protection and maintenance of cultural monuments as well as the preservation and promotion of townscapes;

f. Handling noise protection tasks including metrological investigations, as well as handling objections and complaints in the areas of road traffic noise, rail and aircraft noise, industrial and commercial noise, shooting noise, vibrations, and noise types without limit values and event noise (including laser);

g. The processing of all cantonal tasks in the area of public transport and its promotion with the aim of ensuring access to the cantonal territory and connection to out-of-canton territories with an attractive public transport system, and striving for an environmentally friendly and economically optimal traffic order; subject to all construction tasks in the area of public transport.

3. The department of the Office for Spatial Planning as a competence center includes, in particular, the following tasks

a. Advising the directorates, departments, municipalities, and other involved parties as well as participating in committees on all matters within the Office for Spatial Planning's area of responsibility. Conducting professional public relations and cooperating with related organizations;

b. Supervision and coordination of construction projects that particularly affect public interests like site developments, centers, sports facilities, and schools, etc.;

c. Fulfillment of the agreement on the organization and management of the regional planning of both Basel and the related partnership businesses;

d. Continuous updating of master and usage plans and the associated regulations in collaboration with the municipalities;

e. Special tasks of cantonal interest like capacity and operational concepts at public facilities and buildings, special projects, exhibitions, etc.

1. The head of the office is the chairperson of the management of the Office for Environmental Protection and Energy. The deputy as well as the heads of the departments are the members of the management.

2. The head of the administration assists the management in administrative support.

3. The Office for Environmental Protection and Energy is organized into the following functional units

a. Staff Unit Administration;

b. Department of Water and Geology;

c. Department of Energy;

d. Department of Contaminated Sites and Sustainable Development;

e. Department of Resource Management and Facilities;

f. * Department of Accident Prevention and Chemicals;

g. * Department of Air and Climate.

1. The Office for Environmental Protection and Energy fulfills the tasks assigned to the Directorate in the following specialized areas

a. * Contaminated Sites;

b. * Soil Protection;

c. * Transport of Dangerous Goods by Road, Rail, and Waterways;

d. * Operational Environmental Protection;

e. * Energy;

f. * Water Protection;

g. * Air Purity and Climate;

h. * Non-Ionizing Radiation;

i. * Neobiota;

j. * Sustainable Development;

k. * Resource Management;

l. * Protection from Chemical and Biological Hazards;

m. * Accident Prevention;

n. * Handling of Organisms in Closed Systems and in the Environment;

o. * Water Supply.

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3. The fulfillment of the tasks in the specialized areas listed in Section 1 specifically includes the following activities

a. Enforcement of federal and cantonal legislation;

b. Development of concepts, planning, and projects;

c. * Environmental Monitoring, Statistics, Trends, Assessments;

d. * Coordination, Information, and Advice;

e. * Leadership of the Commission for the Assessment of Risk Evaluations.

1. The Head of the Office directs the Building Inspectorate. Together with their Deputy, they form the Office Management.

2. The Head of the Office, the Deputy, as well as the Heads of the Departments, constitute the Executive Management of the Building Inspectorate. The Head of the Office acts as the Chairperson.

3. The Building Inspectorate is divided into the following Departments

a. Central Services (excluding overarching centralized functions in Human Resources, Accounting, and IT);

b. Legal and Enforcement;

c. Construction Department I;

d. Construction Department II.

1. The Building Inspectorate undertakes the tasks assigned to the Directorate in the fields of building permit processing, building inspection, and building policing.

2. The Building Inspectorate performs the following specific tasks

a. Processing and approval of applications for structures, construction facilities, and changes in use above and below ground, considering the relevant legal foundations of the federal government, canton, and municipalities;

b. Handling objections within the framework of the building permit procedure;

c. In cases requiring environmental impact assessments: coordinating the corresponding examination process with the building permit procedure;

d. In the case of municipalities with their own building approval systems: coordinating the opinions of cantonal offices with final reporting to the municipality;

e. Issuing orders concerning the removal or modification of non-compliant buildings, building parts, facilities, and changes in use, the closure of operations, as well as issuing objection and fee orders;

f. Submission of applications to the investigative authorities in case of violations of regulations within the office's competence;

g. Monitoring compliance with safety regulations and accident prevention measures in construction;

h. Specialized examination within its own area of competence in cases of condominium establishment, handling construction and zoning law issues, and property mutations within the framework of corresponding examination procedures;

i. Handling inquiries and assignments that are not related to pending building application procedures;

j. Cataloging and archiving building applications;

k. Instruction of decisions of the Building and Environmental Protection Directorate concerning the zoning compliance of projects outside the building zone and concerning the granting of exceptional permits according to Art. 24 et seq. of the Federal Spatial Planning Act (RPG) of June 22, 1979;

l. Leadership in representing the cantonal building permit authority before the Building Appeal Commission and in confirming decisions before the Cantonal Court and the Federal Court;

m. Instruction of decisions of the Building and Environmental Protection Directorate concerning enforcement costs in building permission matters of the Building Inspectorate;

n. Implementation, organization, accompaniment, and control of enforcement measures in building permission matters following the judgment of enforcement authorities.

3. If a project outside the building zone is compliant with zoning, the Building and Environmental Protection Directorate determines the zoning compliance and decides on objections related to the question of zoning compliance.

4. If the zoning compliance of a project outside the building zone is not affirmed, the Building and Environmental Protection Directorate decides, while simultaneously considering objections, whether an exceptional permit pursuant to Art. 24 et seq. RPG can be granted.

5. The Building Inspectorate is responsible for the instruction of the Building and Environmental Protection Directorate concerning the removal or modification of non-compliant buildings, building parts, facilities, and changes in use, as well as regarding the closure of operations concerning structures and facilities outside the building zone.

1. The Head of Department leads the Building Construction Office as the Cantonal Architect. Together with their Deputy, they form the Department's management team.

2. The Head of Department, the Deputy, as well as the Heads of the Divisions, form the executive management of the Building Construction Office. The Head of Department serves as the chairperson.

3. The executive management is supported administratively by the Assistant to the Cantonal Architect.

4. The Building Construction Office is divided into the following functional units

a. Business Area Portfolio Management (PFM)

1. Specialized Unit Real Estate Transactions;

2. Specialized Unit Strategic Portfolio Management;

3. Specialized Unit Project Development Needs;

b. Business Area Project and Construction Management (PBM)

1. Specialized Unit Project Planning;

2. Specialized Unit Implementation;

c. Business Area Object and Real Estate Management (OIM)

1. Specialized Unit Real Estate Administration;

2. Specialized Unit Building Technology;

3. Specialized Unit Maintenance;

4. Specialized Unit Furniture;

5. Specialized Unit Operations;

d. Business Area Support (SUP)

1. Specialized Unit Administration;

2. Specialized Unit Drafting Operations;

3. Staff Unit Quality Assurance.

1. The Civil Engineering Office manages all properties within the administrative, financial, and fiduciary assets of the canton as well as the cantonal rentals. It is responsible for the purchase and sale of cantonal land as well as the planning and development of public buildings within its jurisdiction. It oversees the planning, execution, and supervision of structural and operational building maintenance, including upkeep, cleaning, supply and disposal, as well as property management including rental, leasehold, and building rights matters. Additionally, the Civil Engineering Office oversees selected site remediation projects as an owner's representative, where the canton of Basel-Landschaft incurs high default costs.

2. Portfolio Management (PFM) is responsible for the real estate portfolio strategy, the medium- and long-term financial planning and control of the investment and success accounting to ensure the preservation of the value of the cantonal real estate portfolio. Portfolio Management is responsible for the strategy and implementation of the purchase and sale of land, project development, and requirements management.

3. Project and Construction Management (PBM) is responsible for the implementation of sustainable construction projects, coordinated project processing, and management of planning and construction work from the preliminary study phases through to realization.

4. Object and Real Estate Management (OIM) is responsible for the property administration and management of the entire real estate stock of the canton and is responsible for the planning, execution, and supervision of the structural, technical, and operational property management, including maintenance, furnishing, cleaning, supply, and disposal.

5. Support (SUP) provides services to optimally fulfill the core tasks of the Civil Engineering Office, provides administrative services, processes and prepares planning materials, manages such, and creates the framework for a suitable, adequate, and effective quality management system.

1. The Head of Department as Cantonal Engineer serves as the Chairperson of the Executive Board of the Civil Engineering Office. The Deputy, as well as the Heads of the business units, are members of the Executive Board.

2. The Cantonal Engineer's Assistant provides administrative support to the Executive Board.

3. The Civil Engineering Office is divided into the following functional units

a. Transport Infrastructure;

b. Cantonal Roads;

c. Hydraulic Engineering;

d. Vehicle Administration.

1. The Civil Engineering Office fulfills the tasks assigned to the Directorate concerning mobility, transportation infrastructure, hydraulic engineering, and vehicle management within the cantonal administration.

2. The Civil Engineering Office is particularly responsible for the following tasks

a. Developing specific components of the regional plan and land use plans (construction projects) for cantonal transportation infrastructure and water bodies;

b. Conducting road traffic surveys, preparing traffic engineering foundations, and devising measures aimed at improving traffic flow and enhancing traffic safety for transportation infrastructure;

c. Performing hydrological surveys, preparing foundations for hydraulic engineering, and devising measures to enhance flood protection and continue revitalization efforts;

d. Planning, implementing, maintaining, and preserving cantonal roads (including cantonal high-performance roads);

e. Planning and implementing cantonal cycling routes as everyday cycling path networks in accordance with the federal law on cycling paths (Cycling Path Law) of March 18, 2022;

f. Planning, implementing, and maintaining (including renewing and modifying) transportation infrastructure for public transport on roads and railways (regional trains);

g. Planning, implementing, and maintaining public water bodies;

h. Providing specialized reports for building applications, land use planning, and property mutations concerning existing and planned transportation infrastructures and water bodies;

i. Issuing permits related to the special use of cantonal roads and water bodies;

j. Providing technical advice and intervention as a technical operation in case of events for the facilities of cantonal roads (including cantonal high-performance roads) and water bodies within the framework of cantonal civil protection;

k. Evaluating, procuring, and managing the vehicle fleet of the cantonal administration.