English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 23 Federal bodies
1 The federal specialist agencies for nature, cultural heritage protection and monument preservation are: a. the FOEN for nature and landscape protection; b. the FOC for monument preservation, archaeology and protection of heritage sites; c. FEDRO for the protection of historic traffic routes. 2 They shall implement the NCHA, unless other federal authorities are responsible. When fulfilling federal tasks in accordance with Articles 2–6 NCHA, they shall ensure that the authorities and the public are informed and advised in a coordinated manner. 3 If other federal bodies are responsible for implementation, the FOEN, the FOC and FEDRO shall cooperate with them in accordance with Article 3 paragraph 4 NCHA. 4 The Federal Commission for the Protection of Nature and Cultural Heritage (FCNC) and Federal Commission for Monument Preservation (FCMP) are the federal advisory commissions on matters relating to nature protection, cultural heritage protection and monument preservation.
Art. 23 — Revised in accordance with No I of the O of 18 Dec. 1995 (AS 1996 225), No II 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703) and Art. 16 para. 3 of the Publications O of 17 Nov. 2004, in force since 1 Jan. 2005 (AS 2004 4937). Para. 2 — Amended by Annex 2 No 1 of the O of 29 March 2017 on the Federal Inventory of Landscapes and Natural Monuments, in force since 1 June 2017 (AS 2017 2815).
Art. 24 Organisation of the FCNC and the FCMP
1 The FCNC and the FCMP shall each comprise a maximum of 15 members. Expertise, individual areas of responsibility and language regions shall be taken into consideration in determining the composition of these bodies. The Federal Council shall elect the members and appoint the commission presidents. In all other matters, the commissions shall be responsible for their own organisation. 2 At the request of the FCNC or the FCMP, the FOEN, the FOC and FEDRO may appoint specialists as permanent consultants. They shall advise the commissions and also the FOEN, the FOC and FEDRO in their fields of expertise. 3 DETEC shall approve the regulations of the FCNC and the Federal Department of Home Affairs (FDHA) shall approve those of the FCMP. 4 The FOEN and the FOC shall be responsible for the secretariats. FOEN, the FOC and FEDRO shall finance them proportionately, with payments being charged to the credits for equipment and services. 5 The FCNC and the FCMP shall provide DETEC and FDHA respecti
Art. 24 — Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). Para. 3 — Amended by No II 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures, in force since 1 Feb. 2000 (AS 2000 703). Para. 5 — Amended by No II 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures, in force since 1 Feb. 2000 (AS 2000 703).
Art. 25 Tasks of the FCNC and the FCMP
1 The FCNC and the FCMP shall have the following tasks in particular: a. they shall advise the Departments on fundamental questions of nature protection, cultural heritage protection and monument preservation; b. they shall assist in a consultative capacity with implementation of the NCHA; c. they shall assist in the preparation and revision of the inventories of sites of national importance; d. they shall provide expert opinions on questions of nature protection, cultural heritage protection and monument conservation for federal and cantonal authorities responsible for fulfilling federal tasks as specified in Article 2 NCHA (Art. 7 and 8 NCHA); e. they shall prepare special expert reports (Art. 17a NCHA) in cases where a project that does not constitute a federal task as specified in Article 2 NCHA could damage a site listed in a federal inventory in accordance with Article 5 NCHA or otherwise of particular importance. 2 The FCMP shall also have the following tasks: a. it shall provid
Art. 25 — Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). Para. 1 let. a — Amended by No II 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures, in force since 1 Feb. 2000 (AS 2000 703). Para. 1 let. d — Amended by No II 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures, in force since 1 Feb. 2000 (AS 2000 703). Para. 1 let. e — Inserte
Art. 26 Tasks of the cantons
1 The cantons shall ensure that their constitutional and legal mandate is properly and effectively fulfilled. To this end, they shall designate specialist agencies responsible for nature protection, cultural heritage protection and monument preservation, and notify the FOEN or the FOC accordingly. 2 In any activities that have an impact on land use (Art. 1 of the Ordinance of 2 Oct. 1989 on Spatial Planning), the cantons shall give due consideration to measures for which the Confederation provides financial assistance or compensatory payments under this Ordinance. In particular, they shall ensure that protection measures are taken into account in the plans and regulations governing permissible use of land in accordance with spatial planning legislation.
Para. 1 — Wording of sentence in accordance with No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). Para. 2 — [ AS 1989 1985 , 1996 1534 . AS 2000 2047 Art. 50]. See now Spatial Planning of 28 June 2000 ( SR 700.1 ).
Art. 27 Notification of legislation and rulings
1 The cantons shall notify the FOEN, the FOC or FEDRO of their legislation on nature protection, cultural heritage protection and monument preservation. 2 The competent authorities shall notify the FOEN of any rulings on the following: a. exceptional approvals relating to the species protection provisions (Art. 22 para. 1 and 3 NCHA; Art. 20 para. 3); b. removal of riparian vegetation (Art. 22 para. 2 and 3 NCHA); c. declaratory rulings on biotopes and species protection (Art. 14 para. 4); d. restitution rulings (Art. 24e NCHA); e. rulings on relating to buildings, installations and soil degradation in biotopes of national importance (Art. 18a NCHA) or in mire landscapes (Art. 23b NCHA); f. approvals of land use plans (Art. 26 Spatial Planning Act of 22 June 1979) if landscapes, natural monuments, biotopes or mire landscapes of national importance are damaged. 3 If the FCNC, the FCMP, the FOEN, the FOC or FEDRO have collaborated on a project as specified in Article 2, the competent aut
Para. 1 — Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). Para. 2 let. e — Inserted by No II 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures, in force since 1 Feb. 2000 (AS 2000 703). Para. 2 let. f — Inserted by No II of the O of 2 April 2014, in force since 1 May 2014 (AS 2014 909). Para. 2 let. f — SR 700
Art. 27a Monitoring and evaluation of success
1 The FOEN shall be responsible for the monitoring of biological diversity and shall coordinate this with other environmental observation measures. This monitoring may be supplemented by cantonal measures. The cantons shall coordinate their measures with the FOEN, and make their documentation available to it. 2 The FOEN, the FOC and FEDRO shall conduct success evaluations to check that the legally required measures have been implemented and to assess their suitability. They shall cooperate closely with the federal offices and the cantons concerned.
Art. 27a — Inserted by No I of the O of 19 June 2000, in force since 1 Aug. 2000 (AS 2000 1869).
Art. 27b Geoinformation
The FOEN shall provide the minimum geodata models and representation models for basic geographical data under this Ordinance for which it is designated as the federal specialist agency in Annex 1 to the Geoinformation Ordinance of 21 May 2008.
Art. 27b — Inserted by Annex 2 No 2 of the O of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809). SR 510.620