REGULATION 450.11.1 implementing the law of 10 December 1969 on the protection of nature, monuments and sites (RLPNMS) of 22 March 1989 THE COUNCIL OF STATE OF THE CANTON OF VAUD having regard to the law of 10 December 1969 on protection of nature, monuments and sites Having regard to the notice of the Department of Public Works, Planning and Transport B decrees Chapter I General rules

Art. 1 Purpose of the regulations 1 The purpose of these regulations is to apply the Vaud law of 10 December 1969 on the protection of nature, monuments and sites (LPNMS) A (hereinafter: the law). 2 The provisions of the federal laws and their implementing orders B are reserved as well as the cantonal laws and regulations C containing special prescriptions applying to the protection of nature, monuments and sites.

Art. 1a Competences 3 1 The Department of Agriculture, Industry and Commerce A (hereinafter: the AIC Department) is responsible for the protection of nature and the countryside. 2 Nature conservation is the service B designated for nature protection and landscape protection within the meaning of article 25 LPN C. 3 The Department of Public Works, Planning and Transport (hereinafter: the TPAT Department) D is responsible for the protection of historic monuments and archaeological sites. 4 The historic monuments and archeology section is the service designated for the conservation of historic monuments and for the management of archaeological heritage, within the meaning of article 25 of the LPN.

Art. 2 Coordination between authorities 1 The municipal and cantonal authorities ensure that the provisions and decisions they take pursuant to the law on regional planning and construction A (LATC) and its regulation B (RATC) are consistent , with the objectives pursued by law. They take into account the objects deserving of being saved - either subject to general protection, or inventoried or classified - by developing their master or allocation plans.

Art. 3 Provisional measures (law, art. 4, 10, 17, 46, 47, 51) A 3 1 When an imminent danger threatens an object deserving of being safeguarded, the competent department takes the necessary conservatory measures to ensure its protection. 2 The competent department has the right to access the object to be saved and to carry out the necessary investigations either directly or through the intermediary of experts of its choice.

Art. 4 Time limit for classification (law, art. 11, 18, 48, 51) A 1 The time limit for opening a classification inquiry, according to general protection, runs from the date of the provisional measures. Six months for nature and sites (law, art. 11) and three months for historical monuments and antiquities (law, art. 48), it can be extended by six months by the Council of State for reasons objectively founded, such as the importance of the object to be classified or the complexity of the investigations required. 2 For the objects in the inventory, the period of three months for the opening of the classification investigation (law, arts. 18 and 51) starts from the announcement of the works to the department. To be valid, the advertisement must include in the appendix the permit application and all the documents which mustsupport (see art. 108 and 114 LATC) B.

Art. 5 Classification procedure 3 1 The investigation and adoption procedure relating to the cantonal allocation plans provided for in the LATC A is applicable by analogy to classification decisions. Adopted on March 22, 1989, entered into force on March 22, 1989 - Status on April 04, 2004 (in force)

Art. 6 Inventory, adoption procedure (law, art. 13, 15, 50, 51, 78) A 3 1 When the department concerned plans to inventory an object or a site, the project is submitted to the municipal registry where it can be consulted and observed for thirty days. For objects affecting only one or a few owners, the department concerned notifies the interested parties personally by registered letter, stating the deadline for consultation and comments. When the object or the site concerns a large number of owners, the personal opinion can be replaced by a publication in the Official notices sheet of the Canton of Vaud. 2 The file, which includes the project, the comments made during the consultation and the notices of the department concerned on them,is transmitted to the Council of State which decides on the entry in the inventory and orders its publication in the Sheet of official notices from the Canton of Vaud.

Art. 7 Consultation by the public 3 1 The non-exhaustive lists of objects subject to the general protection of Articles 4 and 46 of Law A, as well as those of objects listed or classified, can be consulted either at the registry municipal, either to the technical service of the municipalities concerned or to the department concerned.

Art. 8 Notice to the department 3 1 When an imminent danger threatens an object subject to general protection, listed, classified or included in an archaeological region, the Municipality immediately notifies the department concerned. Chapter II Protection of trees and hedges SECTION I GENERAL PLAN AND CLASSIFICATION REGULATIONS

Art. 9 Objects shown on the classification plan (law, art. 5) 1 The general classification project for trees in a municipality and its regulations are established by the municipality on a topographic document at the appropriate scale. They specify the trees, the wooded cords, the bushes and the hedges which must be protected according to law A, and the rules which are applicable to them. 2 Detailed regulations may replace these documents. 3 The plantations subject to the forestry law B are not mentioned in the municipal classification plan.

Art. 10 Preliminary examination 3 1 Before the public inquiry, a copy of the classification plan and the regulations are sent to the AIC A Department for prior examination. The latter shares his observations with the Municipality.

Art. 11 Adoption and approval 1 The procedure is governed by articles 57 to 62 LATC A and 11 to 15 RATC B. These provisions are applicable by analogy.

Art. 12 Decisions on oppositions 2, 3 1 The decisions of the department on oppositions or requests are transmitted by the Department AIC A to the Municipality which communicates them to the opponents by registered mail.

Art. 13 Update by the municipality 1 The plan is kept up to date by the municipality, which reports the modifications it has authorized. 2 In the event of felling or uprooting, compensation plantations are shown on the plan and benefit from the same protection as the objects they replace.

Art. 14 Consultation by the public 1 The plan and the municipal regulation of trees can be consulted at any time at the municipal registry. SECTION II PRUNING AND FELLING

Art. 15 Felling (law, art. 6, al. 3) A 1 The felling or uprooting of trees, wooded cords, bushes, or classified hedgerows is authorized by the municipality when: 1. the plantation deprives a local of dwelling preexisting from its excessive amount of normal sunshine; 2. planting significantly harms the rational use of agricultural land or land; 3. the neighbor suffers serious damage as a result of the plantation; 4. imperatives impose it such as the sanitary state of a tree, traffic safety, the stability of the banks bordering a watercourse, the creation of a road or the channeling of a stream. 2 As far as possible, the size and the topping will be ordered instead of slaughter or uprooting. 450.11.1 R.to apply. LPNMS

Art. 16 Compensation planting (law, art. 6, al. 2) A 1 In the event of justified slaughter or uprooting in accordance with article 15 of this by-law, compensation planting may be required by the municipality. The decision to slaughter or uproot prescribes the extent and nature as well as the place. 2 The compensation plantation must ensure the functional and aesthetic equivalence of the plantation removed.

Art. 17 Replacement contribution (law, art. 6, al. 2) A 1 In the event of impossibility of replacement, the municipality can take instead an equitable contribution corresponding to the removed objects, which it must allocate to plantations of compensation. The scale is fixed by the municipal regulations.

Art. 18 Pruning 1 Pruning of classified trees is not subject to authorization when this work is part of normal maintenance. 2 Prior municipal authorization is required when the proposed size seriously affects a classified object.

Art. 19 Live hedges (law, art. 6, al. 1st) A 1 The clear cutting of protected hedges and groves, as it is done every ten to fifteen years, is subject to authorization by the municipality. 2 This authorization is granted insofar as the stumps are not uprooted or destroyed by fire or by other mechanical or chemical processes and provided that the releases are not eliminated. The provisions of article 15 of the regulations are reserved.

Art. 20 Measurement of the diameter of trunks (law, art. 98, al. 3) A 1 The diameter of a protected tree is measured at 130 cm above the ground. The diameters of multiple trunks on the same foot, measured 130 cm above the ground, are added up.

Art. 21 Authorization procedure 1 1 When an authorization is required, the application is presented to the municipality with the reasons invoked. It is displayed on the public pillar for twenty days. 2 The municipality rules on the request and on any oppositions. 3… SECTION III SURVEILLANCE

Art. 22 Agents delegated to the protection of nature and flora 3 1 The Department AIC A appoints private agents responsible for monitoring in the field the application of legal and regulatory provisions on the protection of nature, the countryside and the flora B. 2 He establishes their specifications and controls their activity; he can remove them from their task at any time without giving reasons.

Art. 23 Capacities required 1 The delegated agent must have a thorough knowledge of fauna and flora, be of full age and in good health, enjoy a good reputation. 2 He exercises his activity on a voluntary basis.

Art. 24 Swearing in 1 The delegated official is sworn in by the prefect of the district where he mainly exercises his activity. He receives an identity card or a distinctive badge which he wears when he performs surveillance tasks. 2 He is appointed for a period corresponding to the current legislature.

Art. 25 Contraventions 1 The delegated agent draws up a report of the contraventions which he notes, which he transmits without delay to the prefect of the area. The latter rules in accordance with the A Contraventions Act. 2 If necessary, the delegated agent may resort to the police, in particular to identify the offenders. Chapter III General and special protection of landscapes, localities and built sites

Art. 26 Census 3 1 The departments draw up an inventory of the landscapes, localities and sites built, in collaboration with the municipalities concerned. Protection of nature, the countryside, monuments and sites 450.11.1

Art. 27 Inventory 3 1 The inventory provided for in article 12 of Law A is based on the inventory of landscapes, localities and built sites of departments, on the federal inventory of landscapes, sites and natural monuments of national importance (IFP ) B and on the federal inventory of built sites to be protected in Switzerland (ISOS) C. Article 32 of this Regulation is applicable by analogy.

Art. 28 Corporations under public law 1 The municipal authorities take the appropriate measures to protect landscapes, localities or built sites worthy of being safeguarded according to Law A, by drawing up their master or allocation plans or when they issue a building permit . Chapter IV General protection of historic monuments and antiquities

Art. 29 Investigations 3 1 The TPAT A Department may at any time carry out the necessary investigations to determine whether it is necessary to inventory or classify a protected object within the meaning of article 46 of Law B. In particular, he may carry out photographic surveys, draw up plans, carry out research in the archives, consult documents relating to the object to be protected or carry out archaeological investigations. It ensures the preservation of the documentation produced during the research carried out.

Art. 30 Census 3 1 The TPAT A Department draws up an architectural inventory of constructions in collaboration with the municipalities concerned, according to the directives published for this purpose. 2 The architectural inventory is completed and updated on the basis of the new investigations carried out. Chapter V Special protection of historic monuments and antiquities SECTION I INVENTORY

Art. 31 Basic data 3 1 The inventory provided for in article 49 of law A is based on the architectural census of the department and the federal inventory of constructed sites (ISOS) B.

Art. 32 Permit request 3 1 The owner who plans to work on an object to the inventory contacts the TPAT A Department before the development of the final project and the permit request. Article 29 is applicable by analogy. 2 The announcement of the work from which the deadline for classification starts is governed by article 4, paragraph 2, of these regulations. SECTION II CLASSIFICATION

Art. 33 Maintenance of the object (law, art. 29, 30, 55) A 3 1 The TPAT A Department ensures that the owner maintains the protected object. It can fix deadlines or conditions of execution. If necessary, he replaces the owner for the permit application and for the necessary work that he performs at the latter's expense. 2 The TPAT Department may also carry out all useful investigations to constitute documentation concerning the elements which it is planned to modify or which are necessary to preserve the character of the classified object, by resorting if necessary to persons qualified for this purpose. to do.

Art. 34 Subsidies 3 1 The TPAT A Department fixes case by case, either the amount of subsidy, or the percentage covered, which it calculates on the amount of the specific works required for the conservation of the character of the classified object.

Art. 35 Reduction or cancellation 3 1 The TPAT A Department may reduce or cancel the subsidy granted if the work is not carried out in accordance with the prescribed conditions, without prejudice to the restoration of the previous state at the owner's expense.

Art. 36 Grant request and decision 3 1 The grant request is sent to the TPAT A department before the start of work. 2 The TPAT Department rules within the limits of its competence. For larger grants, the decision of the Council of State or the Grand Council is reserved. 3 The TPAT Department may require in advance any information it considers useful. 450.11.1 R. of application. LPNMS

Art. 37 Mentions (law, art. 39, 62) A 3 1 The TPAT B Department requires that the mention of classification decisions be entered in the Land register C and their removal in the event of downgrading. It attaches to the request the decision of the Council of State. Chapter VI Finds and excavations

Art. 38 Archaeological regions 3 1 The TPAT A Department maintains the list of archaeological regions. It communicates to the municipalities concerned the coordinates, extension and nature of the regions defined on the municipal territory. 2 The municipalities and the cantonal or federal services communicate to the TPAT Department all projects or works likely to damage the subsoil of archaeological regions. 3 The TPAT Department issues the special authorization for the works. It establishes the conditions necessary to ensure the protection of the archaeological site. To assess the damage that the project is likely to bring to the archaeological site and to define the measures to be taken, it may undertake or require the execution of preliminary surveys. The archaeological analysis of the surveys is the responsibility of the department. 4 Thespecial authorization specifies the necessary deadlines, the modalities of the rescue intervention or the measures to be taken to preserve the archaeological remains during the execution of the project.

Art. 39 Fortuitous finds 3 1 The chance discovery of vestiges, archaeological objects or natural curiosities, carried out outside of a duly authorized research, must be immediately announced to the Department TPAT A, which will delegate the competent personnel on the spot. The works or activities which produced the find must be suspended at the place of the discovery, if they are likely to affect the remains. No object should be moved, and the remains discovered will be protected so as not to be damaged or stolen. Anyone witnessing the discovery and likely to understand its scope and interest is required to report it to the TPAT Department and take the necessary measures.

Art. 40 Archaeological excavations 3 1 The authorization to undertake an archaeological excavation is in principle only granted to persons or institutions whose skills are recognized by the TPAT A Department. 2 The authorization specifies the nature of the authorized investigations, the rights and obligations of those responsible, in particular with regard to the documentation produced and the objects discovered. The authorization also indicates the measures to be applied in the event of finds.

Art. 41 Prospections, explorations 1 An authorization is necessary for the prospection and exploration of archaeological or natural sites by methods likely to harm the nature or the richness of the site (harvesting of objects in underwater sites, prospection by detectors of metals, exploitation of fossil or mineral deposits). The authorization specifies the extent, nature and duration of the prospecting. It reserves the decision of the direction of the museums of the Department of public education and worship A for the choice of the objects which will be preserved in the public collections according to their scientific interest.

Art. 42 Surveillance (law, art. 11bis) A 3 1 The TPAT B Department may entrust delegated agents with the surveillance and preservation of particularly exposed sites. He ensures their competence. 2 Articles 22 to 25 are applicable by analogy. Chapter VII Authorities

Art. 43 Competences 3 1 The Department AIC A and the Department TPAT B are responsible for the execution of these regulations which come into force immediately. Protection of nature, landscape, monuments and sites 450.11.1 Page reserved for the annex: @http: //www.rsv.vd.ch/rsvsite/rsv_site/annexes/rsv/2030.pdf#1@