Monument Protection Act (Mecklenburg-Western Pomerania)

Basic data
Title:	Law for the protection and maintenance ; of monuments in the state of ; Mecklenburg-Western Pomerania
Short title:	Monument Protection Act
Abbreviation:	DSchG MV
Type:	State Law
Scope:	Mecklenburg-Western Pomerania
Legal matter:	Monument protection law , cultural protection law
References :	GS Meckl.-Vorp. Eq. No. 224-2
Original version from:	November 30, 1993 ; ( GVOBl. MV p. 975)
Entry into force on:	December 29, 1993
New announcement from:	January 6, 1998 ; (GVOBl.MV p. 12, ber.p. 247)
Last change by:	Art. 10 G of July 12, 2010 ; (GVOBl. MV S. 383, 392)
Effective date of the ; last change:	July 1, 2012 ; (Art. 16 para. 2 G of July 12, 2010)
	Please note the note on the applicable legal version.

Plaque on the wall of a single cultural monument in Schwerin , 2019

The Monument Protection Act of Mecklenburg-Western Pomerania is one of the monument protection laws in Germany . It represents the basis of the monument law in Mecklenburg-Western Pomerania . The original law of 1993 was revised and announced on January 6, 1998 in the state's law and regulation gazette. It is quoted with the abbreviation DSchG MV .

Tasks of monument protection

It is the task of monument protection and monument preservation to maintain, protect and scientifically research cultural monuments and to promote their perception as a historical source in the public.

organization

Monument protection authorities

The highest monument protection authority is the Ministry of Education, Science and Culture of the State of Mecklenburg-Western Pomerania . The State Office for Culture and Monument Preservation has existed within the ministry since 2006, bringing together the previously separate authorities - State Office for Monument Preservation and State Office for Ground Monument Preservation - in one authority .

Lower monument protection authorities are the district administrators and (lord) mayors of the municipalities and urban districts. These are responsible for the implementation of the Monument Protection Act. The lower monument protection authorities keep lists of monuments separated into ground monuments , architectural monuments and movable monuments.

Historic monuments authority

The monument authority is the State Office for Culture and Monument Preservation . It advises the monument protection authorities on monument-related issues and supports the municipalities, districts and independent cities. It takes on the following tasks:

Systematic registration of all monuments
Carrying out scientific studies and research and their publication,
Conducting scientific excavations , salvage and restoration of ground monuments
Registration of movable soil monuments
Guidance and supervision of conservation and restoration of monuments
Representation of historical interests in planning procedures

Voluntary preservationists

In the tradition of the preservation of monuments in the GDR, the law offers the opportunity to appoint voluntary preservationists. These are appointed by the State Office on the proposal of the lower monument protection authorities and should advise the authorities on site based on their local knowledge, observe processes relevant to monument protection and maintain contact with people and institutions that are involved in this area.

Monuments

Cultural monuments Objects in the public interest should be preserved and used because there is a scientific, historical, folkloric, artistic or urban planning interest. Mecklenburg-Western Pomerania maintains a declaratory list of monuments , i.e. H. the list of monuments is only for information purposes, while the property of a monument is independent of the entry, based on the legally prescribed criteria. However, the owner and the municipality are given the opportunity to comment before the registration.

According to the Monument Protection Act of Mecklenburg-Western Pomerania, monuments are distinguished as follows:

Architectural monuments

To monuments include all physical structures or parts of structures. This also includes gardens , cemetery and parks as well as other parts of the landscape ( cultural landscape ) that have been changed by human influence .

Monument areas

Monument areas can be entire city districts, districts, settlements, streets, etc. In the monument area, the external appearance of a monument is protected.

Soil monuments

To the ground monuments include all immovable and movable monuments that are in the ground or under water are or from the soil or waters originate. This also includes things that are evidence of human, animal and plant life are paleontological monuments as well as discoloration and changes in the soil ( findings ).

Measures for monuments

Conservation obligation

According to § 6 DSchG MV , owners , owners and persons obliged to maintain monuments are obliged to repair and maintain their memorial within the framework of what is reasonable. The state, the district and the municipality can contribute to this through donations according to their budgets.

Measures requiring approval

Anyone who wants to remove a monument, change it, move it to another location or change the previous use of the monument must obtain approval . The same applies to measures in the vicinity of a monument ( environmental protection ) if these severely impair the appearance or substance of the monument.

A permit is granted - if necessary with conditions - if there is a public interest in the measure or if the measure is carried out under monument conservation aspects and there are no other reasons for monument protection. The lower monument protection authorities are responsible for this and decide on this in agreement with the monument protection authority.

Find of ground monuments

At casual Fund of natural monuments of explorers, the head of the work where the find was made must, the property owner or random witnesses who recognized the value of the object, the Fund promptly reported to the lower conservation authority. This forwards the report to the monument authority. Find and place of discovery must be left unchanged for five working days or one week. During this period, the monument authority has the opportunity to scientifically examine the site and, if necessary, to salvage the find. The lower monument protection authority can extend this period within reason if the work of the monument protection authority so requires. The monument protection authority or the lower monument protection authority commissioned by it is entitled to salvage the find and to take possession of it for up to one year for scientific evaluation.

In Mecklenburg-Western Pomerania there is a treasure shelf , i. H. Movable monuments that are ownerless or whose owners can no longer be determined are the property of the land if they are discovered during state research or if they are of outstanding scientific value.

Excavation sanctuaries

There are designated excavation protection areas in Mecklenburg-Western Pomerania . These are areas that in all probability contain a ground monument. The lower monument protection authority, in consultation with the responsible municipality, can declare such areas to be excavation protection areas by entering them in the list of monuments.

literature

Ministry of Education, Science and Culture (ed.): Monument protection and preservation of monuments in Mecklenburg-Western Pomerania . 2001 ( PDF ; 491 kB [accessed on August 27, 2015]).
Dieter J. Martin: Monument Protection Act Mecklenburg-Western Pomerania: Commentary with information on tax law and funding opportunities . Kommunal- und Schul-Verlag, Wiesbaden 2007, ISBN 978-3-8293-0812-0 .

Web links

Complete edition of the Monument Protection Act. Retrieved August 27, 2015 .
Website of the State Office for Culture and Monument Preservation Mecklenburg-Western Pomerania. Retrieved August 27, 2015 .

Individual evidence

↑ GVOBl. MV 1998, p. 12, amended by Article 4 of the law of July 21, 1998 (GVOBl. MV p. 647), in force on July 30, 1998, amended by Article 2 of the law of December 21, 1999 ( GVOBl. MV S. 644), in force on January 1, 2000, amended by Article 17 of the Act of November 22, 2001 (GVOBl. MV S. 438), in force on January 1, 2002, §§ 3, 5, 7, 11, 14, 21, 25, 26, 27 amended by the law of October 25, 2005 (GVOBl. MV S. 535), §§ 4, 5, 7, 9, 11, 15 amended by Article 1 of the law of November 28, 2005 (GVOBl. MV p. 574), § 7 amended by Article 3 of the law of April 18, 2006 (GVOBl. MV p. 102), amended several times by Article 16 of the law of May 23, 2006 (GVOBl. MV S. 194) - Does not apply according to the decision of the State Constitutional Court of July 26, 2007 (GVOBl. MV p. 318), § 22 amended by Article 9 of the law of July 20, 2006 (GVOBl. MV p. 576)
↑ § 1 DSchG MV.
↑ § 2 of the state ordinance for the establishment of the state office for culture and monument preservation of June 15, 2005, GVOBl. MV 2005, p. 258 .
↑ § 3 DSchG MV.
↑ § 4 DSchG MV.
↑ § 3 No. 2, § 4 Paragraph 2 No. 7 DSchG MV as well as the administrative regulation on honorary monument preservationists of May 12, 1997 - VII 450 -, Official Gazette. MV 1997, p. 511; ber. 649 .
↑ § 5 DSchG MV.
↑ § 2 DSchG MV.
↑ § 6 DSchG MV.
↑ § 7 DSchG MV.
↑ § 11 DSchG MV.
↑ § 13 DSchG MV.
↑ § 14 DSchG MV.

[1] GVOBl. MV 1998, p. 12, amended by Article 4 of the law of July 21, 1998 (GVOBl. MV p. 647), in force on July 30, 1998, amended by Article 2 of the law of December 21, 1999 ( GVOBl. MV S. 644), in force on January 1, 2000, amended by Article 17 of the Act of November 22, 2001 (GVOBl. MV S. 438), in force on January 1, 2002, §§ 3, 5, 7, 11, 14, 21, 25, 26, 27 amended by the law of October 25, 2005 (GVOBl. MV S. 535), §§ 4, 5, 7, 9, 11, 15 amended by Article 1 of the law of November 28, 2005 (GVOBl. MV p. 574), § 7 amended by Article 3 of the law of April 18, 2006 (GVOBl. MV p. 102), amended several times by Article 16 of the law of May 23, 2006 (GVOBl. MV S. 194) - Does not apply according to the decision of the State Constitutional Court of July 26, 2007 (GVOBl. MV p. 318), § 22 amended by Article 9 of the law of July 20, 2006 (GVOBl. MV p. 576)

[2] § 1 DSchG MV.

[3] § 2 of the state ordinance for the establishment of the state office for culture and monument preservation of June 15, 2005, GVOBl. MV 2005, p. 258 .

[4] § 3 DSchG MV.

[5] § 4 DSchG MV.

[6] § 3 No. 2, § 4 Paragraph 2 No. 7 DSchG MV as well as the administrative regulation on honorary monument preservationists of May 12, 1997 - VII 450 -, Official Gazette. MV 1997, p. 511; ber. 649 .

[7] § 5 DSchG MV.

[8] § 2 DSchG MV.

[9] § 6 DSchG MV.

[10] § 7 DSchG MV.

[11] § 11 DSchG MV.

[12] § 13 DSchG MV.

[13] § 14 DSchG MV.