Monument Protection Act (Baden-Württemberg)
|Title:||Law for the Protection of Cultural Monuments|
|Short title:||Monument Protection Act|
|Legal matter:||Monument protection , cultural protection law|
|References :||BWGältV subject area 2139|
|Original version from:||May 25, 1971
( Journal of Laws p. 209)
|Entry into force on:||January 1, 1972|
|New announcement from:||December 6, 1983
(Journal of Laws p. 797)
|Last change by:||
Art. 10 Regulation of April 25, 2007
(Journal of Laws p. 252 f.)
|Effective date of the
|June 16, 2007
(Art. 140 of April 25, 2007)
|Please note the note on the applicable legal version.|
The law for the protection of cultural monuments of the state of Baden-Württemberg in the version of December 6, 1983 is the basis of monument law in this state. The law is usually quoted with the abbreviation DSchG BW . It is one of the monument protection laws in Germany .
A cultural monument within the meaning of the law is a thing, a whole or part of things, the preservation of which is in the public interest for scientific, artistic or local historical reasons . With this definition, the monument property of an object results from the law and does not depend on whether it is entered in a monument list or not.
Authorities and institutions
Monument protection authorities
The highest monument protection authority is the Baden-Württemberg Ministry of Finance and Economics . It decides on all fundamental matters of monument protection and preservation . The regional councils are the higher monument protection authorities . The lower monument protection authorities are advised by the State Office for Monument Preservation , which is affiliated with the Stuttgart Regional Council . It has its headquarters in Esslingen and external offices in Freiburg, Karlsruhe and Tübingen. Esslingen is also home to the central monument preservation services , such as the restoration workshop . The lower monument protection authorities only decide after hearing the State Office for Monument Preservation. The state archive of Baden-Württemberg is the higher state authority responsible for the protection of monuments in the archives.
The higher monument protection authorities each form a monument council . The higher monument protection authority appoints the members of the monument council, whose membership can be up to 16 people, for a period of 5 years. These are volunteers. The district president or his representative chairs the meetings.
Measures for monuments
According to § 6 DSchG BW, the owners and owners of cultural monuments are obliged to treat their monument with care to the extent that is reasonable.
Protection of monuments
Anyone who wants to destroy, remove, remove from its surroundings or impair its appearance a cultural monument needs the approval of the lower monument protection authority. This applies to all cultural monuments, for movable cultural monuments only if they are visible or accessible.
Cultural monuments of particular importance
Cultural monuments of particular importance enjoy special protection. They are kept in the monument book by the higher monument protection authority . The cultural monuments of particular importance include z. B. Monuments of supra-local importance, if they have special connections to the cultural area of the country or nationally valuable cultural property.
The accidental discovery of ground monuments or parts thereof, which may have suspected in local history , artistic or scientific are for the public interest of importance, a conservation authority or must immediately municipality are reported. Municipalities must inform the higher monument protection authority about finds reported to them . The higher monument protection authority has the right to recover the finds, to evaluate them and to take possession of them for scientific purposes .
Researching ground monuments
Anyone who would like to research soil monuments, in particular with the aim of discovering cultural monuments, needs a permit.
If it is reasonable to assume that areas contain cultural monuments of particular importance, the lower monument protection authority is authorized to declare the corresponding area an excavation protection area by means of a statutory ordinance . In excavation protection areas, work may only be carried out with the permission of the higher monument protection authority. However, the previous agricultural and forestry use remains unaffected.
The original version of the law came into force on January 1, 1972. A new version came into effect on January 1, 1984. The law on the reorganization of the nature conservation administration and the amendment to the Monument Protection Act of March 16, 2001, which replaced the previously valid agreement regulation with the hearing regulation in the coordination between the lower monument authorities and the monument authority (Landesamt für Denkmalpflege) brought about a significant change . This means that the lower monument protection authority only has to hear the state office, but does not have to make its decision in consensus (agreement) with the state office, which weakened the position of the specialist authority in the monument law procedure. The aim was to speed up the administrative process. The possibility still provided in the 2001 amendment that the President of the State Office for the Preservation of Monuments could submit the decision of the Lower Monument Authority to the higher monument authority (regional council) for review in the event of a dissent, was later revoked and a mere obligation of the Lower Monument Protection Authority to inform the State Office reduced.
- Heinz Strobl, Heinz Sieche: Monument Protection Act for Baden-Württemberg, Commentary and Collection of Rules , 3rd Edition, Kohlhammer, Stuttgart 2010, ISBN 978-3-17-020474-4
- Gerd Hager, Felix Hammer, Dagmar Zimdars, Dimitrij Davydov, Dieter J. Martin: Monument law Baden-Württemberg. Comment . Kommunal- und Schul-Verlag, Wiesbaden 2011, ISBN 978-3-8293-0974-5
- Dieter J. Martin, Stefan Mieth, Jörg Spennemann: The reasonableness in monument law. Fundamental property rights and monument protection in practice. Kohlhammer, Stuttgart 2014, ISBN 978-3-17-023332-4
- § 2 DSchG BW
- § 3 No. 1 DSchG BW
- § 3 No. 2 DSchG BW
- § 3 No. 4 DSchG BW. With
- § 3 No. 1 DSchG BW
- § 4 No. 1 DSchG BW
- § 4 No. 2 DSchG BW
- § 4 No. 3 DSchG BW
- § 6 DSchG BW
- § 8 No. 1 DSchG BW
- § 12-18 DSchG BW
- § 20 No. 1 DSchG BW
- § 20 No. 2 DSchG BW
- § 21 DSchG BW
- § 22 No. 1 DSchG BW
- § 22 No. 2 DSchG BW
- Heinz Strobl, Heinz Sieche: Monument Protection Act for Baden-Württemberg, Commentary and Collection of Rules, 3rd Edition, Kohlhammer, Stuttgart 2010, p. 3. Online . Heinz Sieche: Devolution Effect, Dissent Process and Monument Protection. Reasons and effects of a change in the law on monument preservation in Baden-Württemberg 2.2001, pp. 58–62. Online General information on agreement, behavior and hearing in internal administrative involvement see: Dimitrij Davydov: Shared responsibility - Half responsibility? Official cooperation in the process of monument law , in: Denkmalpflege in Westfalen-Lippe 1.14, p. 4–8, here p. 5. Online