Law on the protection of nature, landscape and sites (LcPN)
of 13.11.1998 (state 01.01.2018) The Grand Council of the canton of Valais given the federal legislation on the protection of nature and landscape;
having regard to articles 31 paragraph 1, 42 and 69 to 71 of the cantonal Constitution;
on the proposal of the Council of State,
orders:
1 General provisions
Art. 1 Purpose and scope
1
The purpose of this law is to protect and allow the development of the diversity and richness of the natural, architectural and archaeological heritage of the canton, while respecting private property and taking into account public and individual needs. The natural bases of human, animal and plant life will thus be protected, and the beauty and peculiarities of nature, the landscape and the sites preserved.
2
The law aims in particular to:
a) protect native flora and fauna and their natural environments;
b) safeguard the harmony and character of landscapes and built sites;
c) to conserve and manage historic monuments and archaeological heritage;
d) promote the revitalization and reconstruction of modified natural environments and sites;
e) support efforts to protect nature, the landscape, built sites, historic monuments and archaeological heritage;
f) to promote knowledge and its dissemination in these fields.
3
It supplements federal legislation on the protection of nature, the landscape, built sites, historic monuments and archaeological heritage and also ensures its execution.
4
The special provisions on the protection of these areas contained in other laws remain reserved.
Art. 2 Principles
1
Everyone must, in the context of their private and public activities, have regard to nature, the landscape, built sites, historical monuments and archaeological heritage.
2
The application of this law is subject to:
a) the principles of sustainable development, prevention and causation;
b) the obligation to coordinate the activities of the administration;
c) the principle of subsidiarity of state intervention in its relations with municipalities and individuals.
Art. 3 Collaboration and information
1
The canton and the municipalities collaborate on all aspects essential to the application of this law.
2 They ensure that the population is informed of the objectives and the execution of the measures, that it is adequately associated with it and that it has access to the documentation and the results of the work.
3 The canton advises the municipalities.
4 It encourages research, information and popularization in the aforementioned fields. *
5 He can, within the framework of his tasks, support, order, assign mandates or carry out studies himself. *
2 Organization
Art. 4 Cantonal administration
1 The Council of State designates the administrative bodies responsible for the protection of nature, the landscape, built sites, historic monuments and archaeological heritage.
2 These bodies collaborate taking into account the connectedness of the subject and the specificity of the skills.
3 They are responsible for the execution of the tasks assigned to the canton within the framework of this law and provided that the legislation does not otherwise regulate the powers.
Art. 5 Cantonal commissions
1 The Council of State appoints two scientific advisory commissions, one for the protection of nature and the landscape and another for the protection of sites. *
2 Specific tasks can be assigned to it.
3 The Council of State regulates its organization.
Art. 6 Organization in the municipalities
1 The municipalities designate, within the framework of their attributions, the bodies responsible for the protection of nature, the landscape, built sites, historical monuments and archaeological heritage. They define their tasks.
2 For the accomplishment of these, the municipalities collaborate according to the provisions of the law on the municipalities. *
Art. 6a * Delegation of powers
1 The competent authorities may, from case to case or in general, delegate their decision-making powers arising from this law to the lower authorities.
2 The delegation is published in the Official Bulletin.
3 Protection objects
Art. 7 Types of objects
1 The objects of nature protection to be considered mainly are:
a) endangered species of animals, plants and fungi as well as their vital environments;
b) rare or threatened minerals;
c) sites distinguished by their biological diversity, flora, fauna or geology and which must be maintained;
d) the areas necessary for ecological balance in intensively used areas;
e) artificial environments, such as canals, gravel pits, quarries and slopes, which have acquired a particular biological value.
2 The objects of landscape protection to be considered mainly are:
a) spaces recognized for their beauty, their topographic, geological particularity or their natural diversity;
b) transformed landscapes with value and their elements, such as vineyards and terraced crops, bisses, paths, lakes or streams, tree alleys and parks;
c) spaces for relaxation necessary for human well-being or renewal and spaces used for transition on the outskirts of natural reserves.
3 The objects of protection of the sites to be considered mainly are:
a) built structures and constructions which must be preserved because of their location or their spatial, historical, architectural or socio-cultural qualities;
b) other valuables witnessing domestic, agricultural, craft and social activities as well as industrial and tourist development;
c) constructions or installations constituting characteristic elements of value for the landscape in which they are located;
d) historic monuments and complexes to be preserved for their architectural, artistic, historical or scientific value, or for their interior layout, their equipment or their environment;
e) archaeological heritage objects as well as their locations containing known or presumed archaeological remains and furniture with their close environment.
Art. 7a * Cantonal concept
1 The departments responsible for the protection of nature, the landscape, built sites, historic monuments or archaeological heritage (hereinafter: the department responsible for the matter) develop a cantonal concept for the protection and enhancement of specific areas for which they are responsible.
2 This concept contains at least an analysis of the current situation, a description of the state to be achieved in the medium and long term as well as the measures and resources necessary to achieve the objectives.
3 The concept is published and updated periodically.
Art. 7b * Consultation of cantonal bodies
1 When a construction project is included in a federal or cantonal inventory, the municipality transmits the file to the cantonal secretariat of constructions, which consults the cantonal bodies concerned.
2 In the areas of archaeological excavations, any construction project involving soil modifications or making subsequent excavations impossible must be submitted for notice to the service responsible for archaeological research.
3 Objects whose protection is not regulated may be subject to specific conditions as part of the building authorization procedure
Art. 8 Inventory of objects of protection
1 Objects of national importance are listed in federal inventories. *
1bis In collaboration with the municipalities, the department responsible for the matter draws up an inventory of objects worthy of protection of cantonal importance. *
1ter In collaboration with the department responsible for the matter, the municipalities draw up an inventory of objects worthy of protection of municipal importance. *
2 The inventories describe the importance of these objects for the protection of nature, the landscape, built sites, historic monuments and archaeological heritage and their relationship to the surrounding landscape. They determine the aims of protection, potential conflicts, the measures necessary for protection and their consequences. Art. 9 Classification 1 The classification of objects of protection of national importance is carried out according to federal legislation. 2 The canton determines the objects to be protected of cantonal importance. The Council of State regulates the procedure in compliance with article 3. 3 The municipalities determine the objects to be protected of municipal importance and require their classification. The Council of State regulates the procedure. Optionally,they coordinate the classification of objects which are in the interest of several municipalities * 4 The classification file specifies the reasons which give the objects of the inventory cantonal or municipal importance, as well as the foreseeable financial consequences of this classification. 4bis From the time the file is investigated until the entry into force of the classification decision, no change can be made to the state of the objects to be classified. *entry into force of the classification decision, no change can be made to the state of the objects to be classified. *entry into force of the classification decision, no change can be made to the state of the objects to be classified. *
5 The documentation concerning the objects subject to classification is accessible to the public as soon as the procedure is opened.
6 In case of emergency, the department in charge of the protection of nature, the landscape, built sites, historical monuments or archaeological heritage (hereinafter: the department) or the municipal council decides to put it under immediate protection endangered objects of national, cantonal or municipal importance. The duration of these interim measures is limited to two years. This period is suspended during the ordinary protective procedure. *
Art. 10 Criteria
1 The determining criteria for the classification of objects to be protected are their rarity, their beauty, their diversity, their originality, their location, their topography, their vital importance as a biological link between two classified objects, as well as their scientific and educational value, economic, historical and architectural.
Art. 11 Importance of the classification
1 The description by category of the objects in the inventories and the justification of the classification constitute a basis for the evaluation of the degree of protection necessary, the weighing of the interests and the calculation of the subsidies.
4 Regulation of protection measures
Art. 12 Classified objects
1 After the public investigation of the project, the Council of State issues protection decisions in application of federal and cantonal legislation, the municipalities heard. The aims and protective measures for objects of national importance are determined in collaboration with the competent federal authorities.
2 The protection requirements must indicate what are, in the site concerned, the uses and modifications compatible or not with the protection goals set. Protection decisions are published in the Official Bulletin and their essential content made known to the public on the site itself.
3 Any modification or construction relating to the objects protected by the canton as well as to the immediate vicinity of the protected sites requires the opinion of the specialized cantonal service.
4 The municipalities regulate the protection of objects of municipal importance according to the legislation on spatial planning. Objects worthy of protection may exceptionally be the subject of a decision to put in case protection in case inside the building area, after having obtained the notice of the competent service. *
Art. 13 Protected fauna and flora
1 The Council of State regulates by ordinance the protection of endangered fauna and flora. In addition to federal law, it determines the protected species and regulates the granting ofexceptional authorizations.
2 The municipalities can issue prescriptions with reinforced requirements.
Art. 14 Mushrooms
1 The Council of State may issue ordinances for the protection of mushrooms.
2 It may, for endangered species, decide to ban harvesting, permanent or temporary, absolute or limited in quantity, in the canton or part of it. The municipalities concerned are heard before taking geographically limited measures.
3 Municipalities can issue prescriptions with reinforced requirements. In the absence of cantonal prescriptions, they can ask the State Council for regional regulations.
Art. 15 Minerals
1 The research, harvesting and appropriation of rare rocks, minerals and fossils for commercial purposes are subject to authorization by the competent department. Authorization is subject to a fee and may be subject to conditions.
2 The use of explosives or hole punches is prohibited without special authorization from the Department.
3 All valuable finds must be communicated to the municipality in the territory from which they come. If the latter renounces to keep them, it will inform the Department which can acquire them against compensation. Objects of considerable scientific interest become the property of the canton, in accordance with article 724 CC.
4 The canton may grant a gratuity to one who has made a significant contribution to the discovery or recovery of objects of scientific value.
Art. 16 Shoreline vegetation
1 The removal of shoreline vegetation requires authorization from the department. *
2 The department may authorize the removal of existing riparian vegetation under the conditions provided for by federal legislation. *
3 Compensation in kind of equivalent quality will be made on the same object when the land use covered with riparian vegetation changes. If this is impossible, the infringer must pay equivalent compensation.
4 The Council of State defines the protection measures necessary for the protection and extension of the riparian vegetation.
Art. 17 * Groves - Hedges - Isolated trees - Aisles
1 The municipalities regulate the protection of groves, hedges as well as isolated trees and valuable alleys, in accordance with the law in force.
2 The removal of protected objects in building areas requires authorization from the municipality. The latter consults the department responsible for the matter to base its decision. The prescriptions of the cantonal and municipal legislation on constructions remain reserved.
3 The removal of these elements outside the building zone requires an authorization from the competent service.
Art. 17a * Invasive organisms
1 The Council of State designates the administrative bodies responsible for preventing, monitoring and combating organisms within the meaning of the ordinance on environmental release.
2 The fight against invasive organisms is organized and carried out in close collaboration and agreement with the municipalities concerned.
3 The competent authorities or the mandated third party have the right of free access to the private domain for all tasks arising from the fight against invasive organisms, after public information. *
Art. 18 Ecological link and balance
1 The canton and the municipalities, in the context of regional planning and their projects, ensure that the diversity and mobility of species is maintained.
Art. 19 Natural
curiosities 1 Natural curiosities are the geological formations as well as the elements worthy of protection relating to natural history or landscape aesthetics.
2 Depending on their importance, they must be protected by protection decisions or by the zone allocation plan.
Art. 20 Archaeological heritage
1 Excavations, prospecting and archaeological research as well as the publication of the results of this research are the competence and responsibility of the canton. As such, it takes all the measures necessary for the accomplishment of these tasks. The department can have these tasks performed by third parties. *
2 Movable archaeological objects and excavation files are the property of the State. The canton may grant an appropriate gratuity to those who have made a significant contribution to the discovery, preservation or recovery of such objects.
3 The Council of State regulates the procedure relating to the establishment of the archaeological sectors to be protected as well as that of the measures for the protection of archaeological heritage objects and their environment.
4 Any discovery of archaeological elements will be announced immediately by anyone who becomes aware of them. Emergency measures are taken by the service in application of article 9 paragraph 6 of this law.
Art. 20a * Historical communication routes
1 The Council of State regulates the protection of historic communication routes and encourages their maintenance and enhancement.
Art. 21 * Parks 1 The categories of parks are defined by federal legislation.
2 The Grand Council decides on the creation of parks and regulates the canton's participation in their development and management.
3 The canton's contribution can amount to a maximum rate of 80 percent of the recognized costs (including federal subsidies). *
Art. 21a * Monitoring
1 The canton periodically conducts field surveys in order to monitor the evolution of protected, rare and threatened plant and animal species as well as invasive animal and plant species.
2 The canton periodically carries out biological monitoring of protected objects of national and cantonal importance.
3 If the field surveys are carried out on the initiative and by independent institutions according to a recognized methodology, the canton can make a financial contribution.
4 The results of monitoring are accessible to interested bodies and persons, with the exception of the location of very rare species whose protection requires a certain confidentiality.
5 Financing
Art. 22 Training, research and studies
1 The canton ensures the specialized training of personnel performing tasks having effects in the field of the protection of nature, the landscape, built sites, historical monuments and archaeological heritage.
2 He can participate in the creation and management of corresponding training places.
3… *
4… *
Art. 23 Compensation for restrictions on property
1 The restrictions of public law on property resulting from this law and from orders or decisions based on it give the right to full compensation:
a) when in their effects they amount to an expropriation, or b) when such a claim is expressly provided for in law.
2 The determination of the decisive moment for the calculation of interest, the prescription and the reimbursement are regulated by the legislation on expropriations. *
3 The canton takes charge of the costs for objects of national and cantonal importance. *
3bis The canton may require a financial contribution from the municipality or third parties up to a maximum of 40 percent of the costs recognized with regard to the specific interests of the object. *
4 The municipalities bear the costs for objects of municipal importance. The canton can participate up to a maximum of 40 percent of the recognized costs, depending on the priority and the quality of the object. *
5 The cantonal subsidy includes contributions received from the Confederation and is granted on the basis of a service mandate or a decision. It can be granted in a lump sum form. *
6 Subsidies can be linked to the mention in the land register of protection and maintenance measures or to any other equivalent guarantee. *
Art. 24 Subsidies
1 The canton subsidizes up to a maximum of 100 percent of the recognized costs the measures in favor of objects of national and cantonal importance, in particular: *
a) the acquisition of land and real rights intended to secure the objects protection;
b) * creation, conservation, maintenance, restoration, restoration of classified and / or protected objects;
c) the costs of surveillance and monitoring in protected sites;
d) preparation of studies and protection plans;
e) exploration or documentation of objects protected or worthy of protection under this law;
f) * any other measure corresponding to the aims of this law.
1bis The canton may require a financial contribution from the municipality or third parties up to a maximum of 40 percent of the costs recognized with regard to the specific interests of the object. *
2… *
3… *
3bis
The municipalities bear the costs for objects of municipal importance. *
3ter
The canton can support by subsidies, up to a maximum of 40 percent of the recognized costs, the measures in favor of objects of municipal importance according to the priority and the quality of the object, insofar as these correspond for the purposes of this law. *
4 The cantonal subsidy includes / understands the contributions received from the Confederation and is granted on the basis of a mandate of services or a decision. It can be granted in a lump sum form. *
5 Subsidies may be linked to the mention in the land register of protection and maintenance measures or to any other equivalent guarantee. *
Art. 25 Ecological services
1 Contributions may be paid for ecological services relating to the farming of certain areas on the basis of contracts.
2 In particular, contracts may be concluded for ecological services on: *
a) dry land and lean meadows;
b) litter meadows and marshes;
c) areas characterized by elements typical of traditional agricultural landscapes;
d) * ecological compensation areas within agricultural perimeters with intensive exploitation;
e) land with rare flora and fauna;
f) wine-growing areas with dry stone walls, hedges, thickets and dry meadows.
3 The departments concerned carry out an active information policy with farmers and winegrowers.
4 The Council of State issues the implementing regulations by ordinance.
Art. 26 Specialized organizations
1 The canton may grant specialized organizations grants for specific projects corresponding to this law. Municipalities will be heard before subsidizing projects on their territory.
2 The canton may entrust these organizations, against compensation, with protection tasks.
Art. 27 Suspension and restitution
1 The subsidy may be totally or partially suspended and its repayment required, if it is not used in accordance with the intended aim, when the conditions and charges are not met or if the object no longer deserves to be protected.
Art. 28 Fund
1 The canton creates a fund for the protection of nature and the landscape and a fund for the protection of built sites, historical monuments and archaeological heritage.
2 In particular, compensation payments, fines, refunds of subsidies and contributions from third parties will be deposited there.
3 The amounts paid into the funds and the usual interest on deposits will be used in accordance with their respective purposes.
6 Obligations when performing public tasks
Art. 29 Public tasks
1 Are considered as public tasks within the meaning of this law the activities of the communes and the canton, in particular:
a) regional planning;
b) planning, construction, modification as well as maintenance and operation of constructions and installations;
c) the granting of authorizations and concessions;
d) the allocation of subsidies.
Art. 30 General obligations
1 When carrying out their public tasks, the authorities and departments of the canton and the communes must aim at the objectives of this law, spare the objects to be protected and preserve them when the interest in their maintenance prevails .
2 For this purpose, the competent authority consults the cantonal or communal specialized service. The competent authority may order specific expertise.
3 When, after weighing all interests, damage to an object to be protected cannot be avoided, the competent authority in the matter shall order the measures necessary for the best possible protection, reconstruction, replacement or equivalent compensation .
4 When compensation in kind is not possible, an equivalent amount of money is collected and paid into the corresponding fund.
Art. 31 Special obligations
1 The competent authorities or departments fulfill their task, in particular:
a) by examining and dealing with problems relating to the protection of nature, the landscape, built sites, historic monuments and archaeological heritage, from the start of planning and project preparation work;
b) by submitting requests for authorizations, concessions or subsidies to specialized services for taking a position and, insofar as the purposes of protection so require, by refusing or granting them only with conditions or charges which may be mentioned in the land register;
c) by requesting guarantees capable of ensuring that the requirements are met.
2 The Council of State specifies the tasks of the cantonal services.
Art. 31a * Coordination
1 When a project requires several authorizations from separate authorities, the special decisions are integrated into a global decision rendered by the cantonal authority of the decisive procedure, against which only one remedy is open.
2 In the event of contradiction and in the absence of conciliation, the cantonal authority of the decisive procedure decides.
3 Decisions are notified separately, but simultaneously, when an attraction of powers is not feasible, in particular when the decision of the decisive procedure is municipal.
7 Execution and legal protection
Art. 32 Monitoring
1 The obligations of this law are placed under the supervision of the competent services. Insofar as this is necessary for their accomplishment, they are ensured by the introduction of the corresponding procedures.
2 Any agent of a public authority responsible for the application of this legislation is required to report infringements thereof to the competent service.
3 The canton and the communes may appoint auxiliary supervisors for the control of specific territories.
4 In the exercise of their functions, supervisors may require offenders to present their identity documents. *
Art. 33 * Measures of execution and execution by substitution
1 The department competent in the matter is authorized to order the suspension of work contrary to the legislation on the protection of nature, the countryside and the sites.
2 The competent authority for the granting of the building permit may order the restoration of the premises, give behavior instructions with indication of the penalties incurred and require the necessary security measures. Remains expressly reserved the competence of the service competent in the matter to order the restoration of the premises in the case of works not subject to building authorization.
3 In the event of non-execution of an order to restore the premises, the competent authority shall order or take, at the end of the time allowed, the measures necessary at the expense of the defaulting party. The authority may demand that the latter advance foreseeable costs. The defaulter may further be required to provide appropriate compensation when the damage cannot be repaired. *
4 When an authority does not execute its tasks, the department orders or takes the necessary measures at the expense of the defaulting party.
Art. 34 Criminal
punishment * 1 A fine of up to 20,000 francs is punished if he, intentionally or through negligence: *
a) * has violated a prohibition or restriction decreed within the framework of the law or the prescriptions of a protection order;
b) * has not complied with a condition or charge to which the granting of a cantonal or communal authorization or subsidy has been linked;
c) * contravened the orders pronounced in application of this law and served with indication of the sanction provided for in this paragraph.
2 The department responsible for the matter punishes the fines provided for by federal and cantonal legislation. The provisions of the Swiss Criminal Procedure Code (CPP) and the Law on Administrative Procedure and Jurisdiction (LPJA) are applicable respectively. The department responsible for the matter has the status of party to the proceedings. *
2bis Up to an amount of 500 francs, fines under cantonal law may be punished by a fine in accordance with the simplified procedure fixed by the ordinance. No account is taken of the offender's history or personal circumstances. The fines likely to be sanctioned by a fine of order as well as the agents authorized to collect them are designated in the order. *
3 The crimes provided for by the federal legislation are reported by the competent service in the matter to the ordinary penal authorities which rule in application of the CPP. The department responsible for the matter has the status of party to the proceedings. The judicial authority has the obligation to communicate the police reports to him and to notify him of the decision he rendered following his denunciation. *
4… *
5 The criminal action and the penalty are prescribed according to the provisions of the cantonal legislation on constructions. *
6 The illicit gains will be confiscated in accordance with article 59 of the Swiss penal code.
Art. 34a * Police
1 The cantonal and municipal police assist the authorities responsible for the application of this law who request it.
2 In particular, they investigate offenses on their own initiative as well as on the authority of the authorities.
Art. 35 * Procedure
1 The law on administrative procedure and jurisdiction (LPJA) is applicable insofar as the procedure is not regulated by federal provisions or by those of decisive procedures. *
2…
Art. 36 *
… Art. 37 *
… 8 Final provisions
Art. 38 Transitional provisions
1 The provisions of this law are applicable to proceedings already pending upon its entry into force, provided that they are more favorable to the persons concerned.
Art. 39 Implementing provisions
1 The Council of State issues the implementing prescriptions necessary for the application of this law. He oversees the simplification and acceleration of procedures.
2 Within the framework of their legal attributions, the Council of State, the Department, the Services concerned as well as the communes are competent to conclude conventions with the neighboring extra-cantonal authorities with a view to solutions to common problems.
Art. 40 Repeal and modification of laws
1 All provisions contrary to this law are repealed as well as in particular:
a) articles 167 to 169 of the law implementing the Swiss civil code of March 24, 1998;
b) the law concerning the conservation of works of art and historic monuments of November 28, 1906;
c) the decree relating to the granting of contributions to the agricultural exploitation of the soil for ecological services of 13 November 1992.
2 The decree concerning the application of federal legislation on the protection of the environment of June 21, 1990 is amended.
3 The law implementing the Swiss Civil Code of March 24, 1998 is amended.
Art. 41 Popular vote and entry into force
1 This law is subject to an optional referendum.
2 The Council of State fixes the date of its entry into force.
of 13.11.1998 (state 01.01.2018) The Grand Council of the canton of Valais given the federal legislation on the protection of nature and landscape;
having regard to articles 31 paragraph 1, 42 and 69 to 71 of the cantonal Constitution;
on the proposal of the Council of State,
orders:
1 General provisions
Art. 1 Purpose and scope
1
The purpose of this law is to protect and allow the development of the diversity and richness of the natural, architectural and archaeological heritage of the canton, while respecting private property and taking into account public and individual needs. The natural bases of human, animal and plant life will thus be protected, and the beauty and peculiarities of nature, the landscape and the sites preserved.
2
The law aims in particular to:
a) protect native flora and fauna and their natural environments;
b) safeguard the harmony and character of landscapes and built sites;
c) to conserve and manage historic monuments and archaeological heritage;
d) promote the revitalization and reconstruction of modified natural environments and sites;
e) support efforts to protect nature, the landscape, built sites, historic monuments and archaeological heritage;
f) to promote knowledge and its dissemination in these fields.
3
It supplements federal legislation on the protection of nature, the landscape, built sites, historic monuments and archaeological heritage and also ensures its execution.
4
The special provisions on the protection of these areas contained in other laws remain reserved.
Art. 2 Principles
1
Everyone must, in the context of their private and public activities, have regard to nature, the landscape, built sites, historical monuments and archaeological heritage.
2
The application of this law is subject to:
a) the principles of sustainable development, prevention and causation;
b) the obligation to coordinate the activities of the administration;
c) the principle of subsidiarity of state intervention in its relations with municipalities and individuals.
Art. 3 Collaboration and information
1
The canton and the municipalities collaborate on all aspects essential to the application of this law.
2 They ensure that the population is informed of the objectives and the execution of the measures, that it is adequately associated with it and that it has access to the documentation and the results of the work.
3 The canton advises the municipalities.
4 It encourages research, information and popularization in the aforementioned fields. *
5 He can, within the framework of his tasks, support, order, assign mandates or carry out studies himself. *
2 Organization
Art. 4 Cantonal administration
1 The Council of State designates the administrative bodies responsible for the protection of nature, the landscape, built sites, historic monuments and archaeological heritage.
2 These bodies collaborate taking into account the connectedness of the subject and the specificity of the skills.
3 They are responsible for the execution of the tasks assigned to the canton within the framework of this law and provided that the legislation does not otherwise regulate the powers.
Art. 5 Cantonal commissions
1 The Council of State appoints two scientific advisory commissions, one for the protection of nature and the landscape and another for the protection of sites. *
2 Specific tasks can be assigned to it.
3 The Council of State regulates its organization.
Art. 6 Organization in the municipalities
1 The municipalities designate, within the framework of their attributions, the bodies responsible for the protection of nature, the landscape, built sites, historical monuments and archaeological heritage. They define their tasks.
2 For the accomplishment of these, the municipalities collaborate according to the provisions of the law on the municipalities. *
Art. 6a * Delegation of powers
1 The competent authorities may, from case to case or in general, delegate their decision-making powers arising from this law to the lower authorities.
2 The delegation is published in the Official Bulletin.
3 Protection objects
Art. 7 Types of objects
1 The objects of nature protection to be considered mainly are:
a) endangered species of animals, plants and fungi as well as their vital environments;
b) rare or threatened minerals;
c) sites distinguished by their biological diversity, flora, fauna or geology and which must be maintained;
d) the areas necessary for ecological balance in intensively used areas;
e) artificial environments, such as canals, gravel pits, quarries and slopes, which have acquired a particular biological value.
2 The objects of landscape protection to be considered mainly are:
a) spaces recognized for their beauty, their topographic, geological particularity or their natural diversity;
b) transformed landscapes with value and their elements, such as vineyards and terraced crops, bisses, paths, lakes or streams, tree alleys and parks;
c) spaces for relaxation necessary for human well-being or renewal and spaces used for transition on the outskirts of natural reserves.
3 The objects of protection of the sites to be considered mainly are:
a) built structures and constructions which must be preserved because of their location or their spatial, historical, architectural or socio-cultural qualities;
b) other valuables witnessing domestic, agricultural, craft and social activities as well as industrial and tourist development;
c) constructions or installations constituting characteristic elements of value for the landscape in which they are located;
d) historic monuments and complexes to be preserved for their architectural, artistic, historical or scientific value, or for their interior layout, their equipment or their environment;
e) archaeological heritage objects as well as their locations containing known or presumed archaeological remains and furniture with their close environment.
Art. 7a * Cantonal concept
1 The departments responsible for the protection of nature, the landscape, built sites, historic monuments or archaeological heritage (hereinafter: the department responsible for the matter) develop a cantonal concept for the protection and enhancement of specific areas for which they are responsible.
2 This concept contains at least an analysis of the current situation, a description of the state to be achieved in the medium and long term as well as the measures and resources necessary to achieve the objectives.
3 The concept is published and updated periodically.
Art. 7b * Consultation of cantonal bodies
1 When a construction project is included in a federal or cantonal inventory, the municipality transmits the file to the cantonal secretariat of constructions, which consults the cantonal bodies concerned.
2 In the areas of archaeological excavations, any construction project involving soil modifications or making subsequent excavations impossible must be submitted for notice to the service responsible for archaeological research.
3 Objects whose protection is not regulated may be subject to specific conditions as part of the building authorization procedure
Art. 8 Inventory of objects of protection
1 Objects of national importance are listed in federal inventories. *
1bis In collaboration with the municipalities, the department responsible for the matter draws up an inventory of objects worthy of protection of cantonal importance. *
1ter In collaboration with the department responsible for the matter, the municipalities draw up an inventory of objects worthy of protection of municipal importance. *
2 The inventories describe the importance of these objects for the protection of nature, the landscape, built sites, historic monuments and archaeological heritage and their relationship to the surrounding landscape. They determine the aims of protection, potential conflicts, the measures necessary for protection and their consequences. Art. 9 Classification 1 The classification of objects of protection of national importance is carried out according to federal legislation. 2 The canton determines the objects to be protected of cantonal importance. The Council of State regulates the procedure in compliance with article 3. 3 The municipalities determine the objects to be protected of municipal importance and require their classification. The Council of State regulates the procedure. Optionally,they coordinate the classification of objects which are in the interest of several municipalities * 4 The classification file specifies the reasons which give the objects of the inventory cantonal or municipal importance, as well as the foreseeable financial consequences of this classification. 4bis From the time the file is investigated until the entry into force of the classification decision, no change can be made to the state of the objects to be classified. *entry into force of the classification decision, no change can be made to the state of the objects to be classified. *entry into force of the classification decision, no change can be made to the state of the objects to be classified. *
5 The documentation concerning the objects subject to classification is accessible to the public as soon as the procedure is opened.
6 In case of emergency, the department in charge of the protection of nature, the landscape, built sites, historical monuments or archaeological heritage (hereinafter: the department) or the municipal council decides to put it under immediate protection endangered objects of national, cantonal or municipal importance. The duration of these interim measures is limited to two years. This period is suspended during the ordinary protective procedure. *
Art. 10 Criteria
1 The determining criteria for the classification of objects to be protected are their rarity, their beauty, their diversity, their originality, their location, their topography, their vital importance as a biological link between two classified objects, as well as their scientific and educational value, economic, historical and architectural.
Art. 11 Importance of the classification
1 The description by category of the objects in the inventories and the justification of the classification constitute a basis for the evaluation of the degree of protection necessary, the weighing of the interests and the calculation of the subsidies.
4 Regulation of protection measures
Art. 12 Classified objects
1 After the public investigation of the project, the Council of State issues protection decisions in application of federal and cantonal legislation, the municipalities heard. The aims and protective measures for objects of national importance are determined in collaboration with the competent federal authorities.
2 The protection requirements must indicate what are, in the site concerned, the uses and modifications compatible or not with the protection goals set. Protection decisions are published in the Official Bulletin and their essential content made known to the public on the site itself.
3 Any modification or construction relating to the objects protected by the canton as well as to the immediate vicinity of the protected sites requires the opinion of the specialized cantonal service.
4 The municipalities regulate the protection of objects of municipal importance according to the legislation on spatial planning. Objects worthy of protection may exceptionally be the subject of a decision to put in case protection in case inside the building area, after having obtained the notice of the competent service. *
Art. 13 Protected fauna and flora
1 The Council of State regulates by ordinance the protection of endangered fauna and flora. In addition to federal law, it determines the protected species and regulates the granting ofexceptional authorizations.
2 The municipalities can issue prescriptions with reinforced requirements.
Art. 14 Mushrooms
1 The Council of State may issue ordinances for the protection of mushrooms.
2 It may, for endangered species, decide to ban harvesting, permanent or temporary, absolute or limited in quantity, in the canton or part of it. The municipalities concerned are heard before taking geographically limited measures.
3 Municipalities can issue prescriptions with reinforced requirements. In the absence of cantonal prescriptions, they can ask the State Council for regional regulations.
Art. 15 Minerals
1 The research, harvesting and appropriation of rare rocks, minerals and fossils for commercial purposes are subject to authorization by the competent department. Authorization is subject to a fee and may be subject to conditions.
2 The use of explosives or hole punches is prohibited without special authorization from the Department.
3 All valuable finds must be communicated to the municipality in the territory from which they come. If the latter renounces to keep them, it will inform the Department which can acquire them against compensation. Objects of considerable scientific interest become the property of the canton, in accordance with article 724 CC.
4 The canton may grant a gratuity to one who has made a significant contribution to the discovery or recovery of objects of scientific value.
Art. 16 Shoreline vegetation
1 The removal of shoreline vegetation requires authorization from the department. *
2 The department may authorize the removal of existing riparian vegetation under the conditions provided for by federal legislation. *
3 Compensation in kind of equivalent quality will be made on the same object when the land use covered with riparian vegetation changes. If this is impossible, the infringer must pay equivalent compensation.
4 The Council of State defines the protection measures necessary for the protection and extension of the riparian vegetation.
Art. 17 * Groves - Hedges - Isolated trees - Aisles
1 The municipalities regulate the protection of groves, hedges as well as isolated trees and valuable alleys, in accordance with the law in force.
2 The removal of protected objects in building areas requires authorization from the municipality. The latter consults the department responsible for the matter to base its decision. The prescriptions of the cantonal and municipal legislation on constructions remain reserved.
3 The removal of these elements outside the building zone requires an authorization from the competent service.
Art. 17a * Invasive organisms
1 The Council of State designates the administrative bodies responsible for preventing, monitoring and combating organisms within the meaning of the ordinance on environmental release.
2 The fight against invasive organisms is organized and carried out in close collaboration and agreement with the municipalities concerned.
3 The competent authorities or the mandated third party have the right of free access to the private domain for all tasks arising from the fight against invasive organisms, after public information. *
Art. 18 Ecological link and balance
1 The canton and the municipalities, in the context of regional planning and their projects, ensure that the diversity and mobility of species is maintained.
Art. 19 Natural
curiosities 1 Natural curiosities are the geological formations as well as the elements worthy of protection relating to natural history or landscape aesthetics.
2 Depending on their importance, they must be protected by protection decisions or by the zone allocation plan.
Art. 20 Archaeological heritage
1 Excavations, prospecting and archaeological research as well as the publication of the results of this research are the competence and responsibility of the canton. As such, it takes all the measures necessary for the accomplishment of these tasks. The department can have these tasks performed by third parties. *
2 Movable archaeological objects and excavation files are the property of the State. The canton may grant an appropriate gratuity to those who have made a significant contribution to the discovery, preservation or recovery of such objects.
3 The Council of State regulates the procedure relating to the establishment of the archaeological sectors to be protected as well as that of the measures for the protection of archaeological heritage objects and their environment.
4 Any discovery of archaeological elements will be announced immediately by anyone who becomes aware of them. Emergency measures are taken by the service in application of article 9 paragraph 6 of this law.
Art. 20a * Historical communication routes
1 The Council of State regulates the protection of historic communication routes and encourages their maintenance and enhancement.
Art. 21 * Parks 1 The categories of parks are defined by federal legislation.
2 The Grand Council decides on the creation of parks and regulates the canton's participation in their development and management.
3 The canton's contribution can amount to a maximum rate of 80 percent of the recognized costs (including federal subsidies). *
Art. 21a * Monitoring
1 The canton periodically conducts field surveys in order to monitor the evolution of protected, rare and threatened plant and animal species as well as invasive animal and plant species.
2 The canton periodically carries out biological monitoring of protected objects of national and cantonal importance.
3 If the field surveys are carried out on the initiative and by independent institutions according to a recognized methodology, the canton can make a financial contribution.
4 The results of monitoring are accessible to interested bodies and persons, with the exception of the location of very rare species whose protection requires a certain confidentiality.
5 Financing
Art. 22 Training, research and studies
1 The canton ensures the specialized training of personnel performing tasks having effects in the field of the protection of nature, the landscape, built sites, historical monuments and archaeological heritage.
2 He can participate in the creation and management of corresponding training places.
3… *
4… *
Art. 23 Compensation for restrictions on property
1 The restrictions of public law on property resulting from this law and from orders or decisions based on it give the right to full compensation:
a) when in their effects they amount to an expropriation, or b) when such a claim is expressly provided for in law.
2 The determination of the decisive moment for the calculation of interest, the prescription and the reimbursement are regulated by the legislation on expropriations. *
3 The canton takes charge of the costs for objects of national and cantonal importance. *
3bis The canton may require a financial contribution from the municipality or third parties up to a maximum of 40 percent of the costs recognized with regard to the specific interests of the object. *
4 The municipalities bear the costs for objects of municipal importance. The canton can participate up to a maximum of 40 percent of the recognized costs, depending on the priority and the quality of the object. *
5 The cantonal subsidy includes contributions received from the Confederation and is granted on the basis of a service mandate or a decision. It can be granted in a lump sum form. *
6 Subsidies can be linked to the mention in the land register of protection and maintenance measures or to any other equivalent guarantee. *
Art. 24 Subsidies
1 The canton subsidizes up to a maximum of 100 percent of the recognized costs the measures in favor of objects of national and cantonal importance, in particular: *
a) the acquisition of land and real rights intended to secure the objects protection;
b) * creation, conservation, maintenance, restoration, restoration of classified and / or protected objects;
c) the costs of surveillance and monitoring in protected sites;
d) preparation of studies and protection plans;
e) exploration or documentation of objects protected or worthy of protection under this law;
f) * any other measure corresponding to the aims of this law.
1bis The canton may require a financial contribution from the municipality or third parties up to a maximum of 40 percent of the costs recognized with regard to the specific interests of the object. *
2… *
3… *
3bis
The municipalities bear the costs for objects of municipal importance. *
3ter
The canton can support by subsidies, up to a maximum of 40 percent of the recognized costs, the measures in favor of objects of municipal importance according to the priority and the quality of the object, insofar as these correspond for the purposes of this law. *
4 The cantonal subsidy includes / understands the contributions received from the Confederation and is granted on the basis of a mandate of services or a decision. It can be granted in a lump sum form. *
5 Subsidies may be linked to the mention in the land register of protection and maintenance measures or to any other equivalent guarantee. *
Art. 25 Ecological services
1 Contributions may be paid for ecological services relating to the farming of certain areas on the basis of contracts.
2 In particular, contracts may be concluded for ecological services on: *
a) dry land and lean meadows;
b) litter meadows and marshes;
c) areas characterized by elements typical of traditional agricultural landscapes;
d) * ecological compensation areas within agricultural perimeters with intensive exploitation;
e) land with rare flora and fauna;
f) wine-growing areas with dry stone walls, hedges, thickets and dry meadows.
3 The departments concerned carry out an active information policy with farmers and winegrowers.
4 The Council of State issues the implementing regulations by ordinance.
Art. 26 Specialized organizations
1 The canton may grant specialized organizations grants for specific projects corresponding to this law. Municipalities will be heard before subsidizing projects on their territory.
2 The canton may entrust these organizations, against compensation, with protection tasks.
Art. 27 Suspension and restitution
1 The subsidy may be totally or partially suspended and its repayment required, if it is not used in accordance with the intended aim, when the conditions and charges are not met or if the object no longer deserves to be protected.
Art. 28 Fund
1 The canton creates a fund for the protection of nature and the landscape and a fund for the protection of built sites, historical monuments and archaeological heritage.
2 In particular, compensation payments, fines, refunds of subsidies and contributions from third parties will be deposited there.
3 The amounts paid into the funds and the usual interest on deposits will be used in accordance with their respective purposes.
6 Obligations when performing public tasks
Art. 29 Public tasks
1 Are considered as public tasks within the meaning of this law the activities of the communes and the canton, in particular:
a) regional planning;
b) planning, construction, modification as well as maintenance and operation of constructions and installations;
c) the granting of authorizations and concessions;
d) the allocation of subsidies.
Art. 30 General obligations
1 When carrying out their public tasks, the authorities and departments of the canton and the communes must aim at the objectives of this law, spare the objects to be protected and preserve them when the interest in their maintenance prevails .
2 For this purpose, the competent authority consults the cantonal or communal specialized service. The competent authority may order specific expertise.
3 When, after weighing all interests, damage to an object to be protected cannot be avoided, the competent authority in the matter shall order the measures necessary for the best possible protection, reconstruction, replacement or equivalent compensation .
4 When compensation in kind is not possible, an equivalent amount of money is collected and paid into the corresponding fund.
Art. 31 Special obligations
1 The competent authorities or departments fulfill their task, in particular:
a) by examining and dealing with problems relating to the protection of nature, the landscape, built sites, historic monuments and archaeological heritage, from the start of planning and project preparation work;
b) by submitting requests for authorizations, concessions or subsidies to specialized services for taking a position and, insofar as the purposes of protection so require, by refusing or granting them only with conditions or charges which may be mentioned in the land register;
c) by requesting guarantees capable of ensuring that the requirements are met.
2 The Council of State specifies the tasks of the cantonal services.
Art. 31a * Coordination
1 When a project requires several authorizations from separate authorities, the special decisions are integrated into a global decision rendered by the cantonal authority of the decisive procedure, against which only one remedy is open.
2 In the event of contradiction and in the absence of conciliation, the cantonal authority of the decisive procedure decides.
3 Decisions are notified separately, but simultaneously, when an attraction of powers is not feasible, in particular when the decision of the decisive procedure is municipal.
7 Execution and legal protection
Art. 32 Monitoring
1 The obligations of this law are placed under the supervision of the competent services. Insofar as this is necessary for their accomplishment, they are ensured by the introduction of the corresponding procedures.
2 Any agent of a public authority responsible for the application of this legislation is required to report infringements thereof to the competent service.
3 The canton and the communes may appoint auxiliary supervisors for the control of specific territories.
4 In the exercise of their functions, supervisors may require offenders to present their identity documents. *
Art. 33 * Measures of execution and execution by substitution
1 The department competent in the matter is authorized to order the suspension of work contrary to the legislation on the protection of nature, the countryside and the sites.
2 The competent authority for the granting of the building permit may order the restoration of the premises, give behavior instructions with indication of the penalties incurred and require the necessary security measures. Remains expressly reserved the competence of the service competent in the matter to order the restoration of the premises in the case of works not subject to building authorization.
3 In the event of non-execution of an order to restore the premises, the competent authority shall order or take, at the end of the time allowed, the measures necessary at the expense of the defaulting party. The authority may demand that the latter advance foreseeable costs. The defaulter may further be required to provide appropriate compensation when the damage cannot be repaired. *
4 When an authority does not execute its tasks, the department orders or takes the necessary measures at the expense of the defaulting party.
Art. 34 Criminal
punishment * 1 A fine of up to 20,000 francs is punished if he, intentionally or through negligence: *
a) * has violated a prohibition or restriction decreed within the framework of the law or the prescriptions of a protection order;
b) * has not complied with a condition or charge to which the granting of a cantonal or communal authorization or subsidy has been linked;
c) * contravened the orders pronounced in application of this law and served with indication of the sanction provided for in this paragraph.
2 The department responsible for the matter punishes the fines provided for by federal and cantonal legislation. The provisions of the Swiss Criminal Procedure Code (CPP) and the Law on Administrative Procedure and Jurisdiction (LPJA) are applicable respectively. The department responsible for the matter has the status of party to the proceedings. *
2bis Up to an amount of 500 francs, fines under cantonal law may be punished by a fine in accordance with the simplified procedure fixed by the ordinance. No account is taken of the offender's history or personal circumstances. The fines likely to be sanctioned by a fine of order as well as the agents authorized to collect them are designated in the order. *
3 The crimes provided for by the federal legislation are reported by the competent service in the matter to the ordinary penal authorities which rule in application of the CPP. The department responsible for the matter has the status of party to the proceedings. The judicial authority has the obligation to communicate the police reports to him and to notify him of the decision he rendered following his denunciation. *
4… *
5 The criminal action and the penalty are prescribed according to the provisions of the cantonal legislation on constructions. *
6 The illicit gains will be confiscated in accordance with article 59 of the Swiss penal code.
Art. 34a * Police
1 The cantonal and municipal police assist the authorities responsible for the application of this law who request it.
2 In particular, they investigate offenses on their own initiative as well as on the authority of the authorities.
Art. 35 * Procedure
1 The law on administrative procedure and jurisdiction (LPJA) is applicable insofar as the procedure is not regulated by federal provisions or by those of decisive procedures. *
2…
Art. 36 *
… Art. 37 *
… 8 Final provisions
Art. 38 Transitional provisions
1 The provisions of this law are applicable to proceedings already pending upon its entry into force, provided that they are more favorable to the persons concerned.
Art. 39 Implementing provisions
1 The Council of State issues the implementing prescriptions necessary for the application of this law. He oversees the simplification and acceleration of procedures.
2 Within the framework of their legal attributions, the Council of State, the Department, the Services concerned as well as the communes are competent to conclude conventions with the neighboring extra-cantonal authorities with a view to solutions to common problems.
Art. 40 Repeal and modification of laws
1 All provisions contrary to this law are repealed as well as in particular:
a) articles 167 to 169 of the law implementing the Swiss civil code of March 24, 1998;
b) the law concerning the conservation of works of art and historic monuments of November 28, 1906;
c) the decree relating to the granting of contributions to the agricultural exploitation of the soil for ecological services of 13 November 1992.
2 The decree concerning the application of federal legislation on the protection of the environment of June 21, 1990 is amended.
3 The law implementing the Swiss Civil Code of March 24, 1998 is amended.
Art. 41 Popular vote and entry into force
1 This law is subject to an optional referendum.
2 The Council of State fixes the date of its entry into force.