Thuringian Monument Protection Act
The Thuringian Monument Protection Act (ThürDSchG) - Thuringian law for the maintenance and protection of cultural monuments - in the version of April 14, 2004 forms the basis for the monument law in the state of Thuringia. It is one of the monument protection laws in Germany .
| Basic data | |
|---|---|
| Title: | Thuringian law for the maintenance and protection of cultural monuments |
| Short title: | Thuringian Monument Protection Act |
| Abbreviation: | ThürDSchG |
| Type: | State Law |
| Scope: | Thuringia |
| Legal matter: | Monument protection law , cultural protection law |
| References : | BS Door 224-1 |
| Original version from: | January 7, 1992 ( GVBl. P. 17 , ber.GVBl . P. 550 ) |
| Entry into force on: | January 11, 1992 |
| New announcement from: | April 14, 2004 ( GVBl. P. 465 , ber.GVBl . P. 562 ) |
| Last change by: |
Art. 3 G of December 16, 2008 ( GVBl. P. 574 ) |
| Effective date of the last change: |
January 1, 2010 (Art. 4 para. 1 G of December 16, 2008) |
| Weblink: | Current text of the Thuringian Monument Protection Act |
| Please note the note on the applicable legal version. | |
history
It was not until 1991 that the Thuringian State Office for Monument Preservation emerged from various predecessors . A year later, in January 1992, the legal basis, the Thuringian Monument Protection Act, was created. In 2006 the State Office for Monument Preservation and the State Office for Archeology were merged.
content
Cultural monuments
Objects , aggregates or parts of things that should be preserved for historical, artistic, technical, scientific, ethnological or urban planning reasons and in which there is a public interest for these same reasons are, according to the law, cultural monuments . Monument ensembles and ground monuments are also cultural monuments.
Monument ensembles
A monument ensemble can be:
- overall structural systems,
- characteristic street, square or town images,
- historical parks and gardens,
- historical production sites and plants.
Not all parts of the monument ensemble have to be cultural monuments in order to be considered cultural monuments.
Soil monuments
Movable or immovable objects that were or are hidden in the ground and that provide information about animal or plant life (paleontological monuments) or that represent evidence, remains or traces of human culture (archaeological monuments) are soil monuments .
Message principle
Cultural monuments are defined by law and do not need to be entered in a public register (monument book) in order to be considered cultural monuments.
owner
Conservation obligation
Owners or owners are obliged to preserve and maintain the cultural monuments, provided this does not exceed what is reasonable. This limit is exceeded if the maintenance costs exceed the utility value. The owners are supported by grants from the state, the district and the municipalities.
Notification requirement
Damage and defects must be reported by the owner or the owner to the monument protection authority. The sale of a cultural monument must be reported immediately. Incidental finds must also be reported.
Treasure shelf
Movable cultural monuments, the owner of which cannot be determined, become the property of the State of Thuringia if they were discovered during state investigations, in archaeological protected areas or during unauthorized research (robbery excavations).
Research
Research, especially excavations, with the aim of discovering archaeological monuments, is subject to approval. Approval is given by the monument authority, the Thuringian State Office for Monument Preservation and Archeology.
Archaeological reserves
For a definite or indefinite period of time, certain demarcated areas where there is a reasonable presumption of special ground monuments can be declared archaeological protected areas by the highest monument protection authority, the Ministry of Education, Science and Culture. This is done so that the contained archaeological monuments are protected from destruction or until they can be documented by expert excavation. Excavations in these areas are granted by the highest monument protection authority.
delivery
The delivery of a find can be requested by the state, the lower monument protection authority and the respective community concerned in return for adequate compensation.
Changes to the cultural monument
In the event of destruction, removal or transport, as well as the redesign, repair or change in the appearance of a cultural monument (or only part of it) or the attachment of advertising or similar material, the approval of the monument protection authority is required. This is also necessary if change measures are to be taken in the area around the cultural monument that have an impact on the cultural monument. Permission can be refused if the cultural monument is impaired in its essence or there are reasons for maintaining the prevailing condition.
Authorities
Monument protection authorities
The structure of the monument protection authorities is in three stages. The ministry responsible for monument protection , monument preservation and archeology - currently the Ministry of Education, Science and Culture - is the highest monument protection authority. The state administration office is the upper monument protection authority. The lower monument protection authority is formed by the mayors of the independent cities or by the district administrators in the districts. In communities with historical monuments of particularly high value, the responsibility of the lower monument protection authority can be assigned to them.
Historic monuments authority
The Thuringian State Office for Monument Preservation and Archeology is the monument authority. It is directly subordinate to the highest monument protection authority. The monument authority is entrusted with the preservation of monuments and especially the preservation of monuments. This includes, among other things, participation in licensing procedures; advising and supporting the owners and owners of cultural monuments with maintenance, maintenance, restoration; Inventory of cultural monuments in Thuringia; Keeping of the monument book; the scientific investigation of cultural monuments as well as the development of methodological bases for restoration and conservation and public relations. The State Office is also responsible for the Museum of Prehistory and Early History in Thuringia.
Monument Council
It appoints a monument council to advise the highest monument protection authority. The members should come from different specialist areas that qualify for monument preservation and monument protection.
literature
- Frank Fechner u. a .: Thuringian law on the maintenance and protection of cultural monuments (Thuringian Monument Protection Act - ThürDSchG). Comment. Wiesbaden: Kommunal- und Schul-Verlag, 2005. ISBN 3-8293-0753-5
- Alex Peter et al. a .: Thuringian Monument Protection Act: Comment. Stuttgart u. a. 2006. ISBN 3-555-56070-0
Web links
- State law of Thuringia: Text of the Thuringian Monument Protection Act
- www.thueringen.de/denkmalpflege/pdf/ Announcement about the new version of the Thuringian Monument Protection Act of April 14, 2004, including legal text (PDF; 79 kB)
