Monument Protection Act (Rhineland-Palatinate)
| Basic data | |
|---|---|
| Title: | Monument Protection Act |
| Previous title: | State law for the protection and maintenance of cultural monuments (Monument Protection and Maintenance Act - DSchPflG) |
| Abbreviation: | DSchG |
| Type: | State Law |
| Scope: | Rhineland-Palatinate |
| Legal matter: | Monument protection law , cultural protection law |
| References : | BS Rh-Pf 224-2 |
| Issued on: | March 23, 1978 ( GVBl. P. 159) |
| Entry into force on: | May 1, 1978 |
| Last change by: |
Art. 2 G of September 28, 2010 (GVBl. Pp. 301, 303) |
| Effective date of the last change: |
October 6, 2010 (Art. 3 G of September 28, 2010) |
| Please note the note on the applicable legal version. | |
The Monument Protection Act of the State of Rhineland-Palatinate (DSchG) has been regulating monument protection in Rhineland-Palatinate since May 1978 .
Tasks of monument protection
The task of monument protection and monument preservation is the preservation and care of cultural monuments , as well as their scientific research and the inclusion of the results of this research in public education and training . Cultural monuments should be included in state planning , urban development, nature conservation and landscape management and put to a meaningful use.
Preservation and maintenance of cultural monuments
Owners , owners and persons authorized to dispose of them are obliged to preserve and maintain cultural monuments within the framework of what is reasonable. The interests of the protection of monuments and the preservation of monuments, as well as the obligations from the World Heritage Convention of UNESCO , must be taken into account in measures and planning, in particular urban land use planning .
Organization of monument protection
Monument protection authority
The monument protection authorities are responsible for the implementation of the Monument Protection Act .
- The highest monument protection authority is the Ministry of Education, Science, Further Education and Culture responsible for the preservation of monuments
- The supervisory and service directorate is the higher monument protection authority
- Lower monument protection authorities are the district administrations and the city administrations of the independent cities
Historic monuments authority
The heritage authority is the General Directorate for Cultural Heritage Rhineland-Palatinate (GDKE). It takes care of the technical matters of monument protection and preservation. Its tasks include systematically recording and evaluating cultural monuments, keeping the list of monuments, advising the monument protection authorities and the owners of cultural monuments, as well as promoting the public's understanding of monument protection and preservation.
The GDKE was set up on January 1, 2007 and unites the State Office for the Preservation of Monuments in Rhineland-Palatinate and the State Museums in Trier , Mainz and Koblenz . The General Directorate is an upper state authority that reports directly to the Ministry of Education, Science, Youth and Culture. The General Directorate for Cultural Heritage is based in Mainz . On August 1, 2008, Thomas Metz became general director, until then director of the Landesmuseum Koblenz. The monument preservation tasks are carried out independently in the Castles, Palaces, Antiquities Directorate and the State Archeology and State Monument Preservation Directorates according to agreed targets. The regional archeology department has four locations in Trier , Mainz, Speyer and Koblenz . Until the founding of the general management, state offices for prehistory and early history operated independently in these cities .
State Advisory Board for Monument Preservation
The highest monument protection authority and the monument protection authority are supported in an advisory capacity by the State Advisory Council for Monument Preservation . He gives suggestions and recommendations and takes care of public concerns in the context of monument preservation and monument protection. The members of the State Advisory Board for the Preservation of Monuments work on a voluntary basis and should be experts in the field of monument protection and preservation.
Cultural monuments
Cultural monuments are defined differently by the Monument Protection Act. On the one hand there are immobile cultural monuments and on the other hand there are movable cultural monuments. A cultural monument becomes an object if there is a public interest in its preservation for historical , scientific, artistic or urban planning reasons.
Immovable cultural monuments
The immovable cultural monuments include fixed individual monuments and buildings , as well as monument zones . Monument zones are a majority of objects for which the overall appearance is particularly important. They can therefore also include objects that are not themselves cultural monuments.
Movable cultural monuments
Movable cultural monuments are movable individual objects and collections or assemblies of individual objects.
Soil monuments
definition
Cultural monuments are also traces or remains of human, animal or plant life, the preservation, maintenance or scientific research and documentation of which is of public interest. So this cultural monument term also paleontological monuments one, actually: natural monuments , by this formulation, a legal fiction to culture be declared monuments.
Fund of monuments found
If something is found that is ownerless or has been hidden for so long that its owner can no longer be determined, it is a find. If, when an object is discovered, it can be assumed that it is a cultural monument, the discovery must be reported immediately to the monument authority as a ground monument. The find and the place of discovery must be preserved in an unchanged condition for up to one week after notification of the find and, if necessary and possible, protected from danger in a suitable manner. If the finds are movable, the heritage authorities can temporarily take possession of them for scientific processing.
Treasure shelf
In Rhineland-Palatinate there is a treasure shelf for archaeological finds. When they are found, they become the property of the State of Rhineland-Palatinate , if they are of particular scientific importance, were discovered during state research or in excavation protection areas .
Research permits and construction work
For site inspections and investigations, especially with metal detectors , and excavations with the aim of discovering cultural monuments, a permit from the lower monument protection authority is required. In addition, earthworks and construction work must be reported to the monument authority in good time if it is expected that cultural monuments will be discovered. In the context of what is reasonable, property developers can be obliged to reimburse the costs for archaeological or palaeontological research before the start of construction work ( polluter pays principle ).
Excavation sanctuaries
If there is a reasonable assumption in a demarcated area that cultural monuments are hidden there, this area can be designated as an excavation protection area by means of an ordinance . Every project in an excavation protection area that could endanger a cultural monument requires the approval of the lower monument protection authority.
List of monuments
The monument authority keeps a list of monuments in which the immovable cultural monuments are entered. Anyone is allowed to inspect this list of monuments. A separate list is kept for movable cultural monuments, which is only allowed to be viewed by those who demonstrate a legitimate interest .
Change or repair of cultural monuments
Protected cultural monuments are only allowed with permission
- destroyed, broken off, dismantled or removed,
- redesigned or otherwise changed in their existence,
- are not only temporarily impaired in their appearance or
- away from their location
become. This approval is granted if this does not conflict with the interests of monument protection or if concerns of the common good or private interests outweigh that which cannot be taken into account in any other way. The application for approval must be submitted in writing to the lower monument protection authority. The repair of a cultural monument is also considered to be remodeled or otherwise changed in terms of this provision and must be approved.
Special provisions for churches and religious communities
In the case of cultural monuments that are used for worship or other cult activities, the cultic or pastoral concerns of the church or religious communities have priority. Measures for the repair, maintenance and care of these cultural monuments only need to be coordinated with the monument authority and the lower monument protection authority, not permitted by them. The same applies to research, work and projects on the properties of these cultural monuments.
literature
- Dieter Martin: A new monument protection law for Rhineland-Palatinate . In: Verwaltungsrundschau (from right) . Journal for administration in practice and science . 55th vol., H. 3, 2009, ISSN 0342-5592 , pp. 88-92.
- Ernst-Rainer Hönes: Monument protection in Rhineland-Palatinate. Representation . 3rd edition. Kommunal- und Schul-Verlag, Wiesbaden 2019. - ISBN 978-3-8293-1487-9
Web links
- The website of the General Directorate for Cultural Heritage Rhineland-Palatinate
- The current version of the Monument Protection Act as a pdf
