Monument Protection Act (North Rhine-Westphalia) - Denkmalschutzgesetz (Nordrhein-Westfalen)

Basisdaten
Title: Law for the protection and
maintenance of monuments
in the state of North Rhine-Westphalia
Short title: Monument Protection Act
Abbreviation: DSchG, DSchG NRW
Art: State Law
Scope: North Rhine-Westphalia
Legal matter: Monument protection law , cultural protection law
References : SGV. NRW. 224
Issued on: March 11, 1980
( GV.NW.p. 226, ber.p. 716)
Effective on: July 1, 1980
Last change by: Art. 5 G of November 15, 2016
(GV. NRW. P. 934)
Effective date of the
last change:
November 25, 2016
(Art. 28 G of November 15, 2016)
Please note the information on the applicable legal version.
Plaque on the wall of a single cultural monument in Aachen , 2019

The law for the protection and maintenance of monuments in the state of North Rhine-Westphalia of March 11, 1980 is the basis of monument law in North Rhine-Westphalia . The law is usually abbreviated as DSchG NRW [1] . It is one of the monument protection laws in Germany , but its legal effect is threatened by current funding cuts. [2]

Origin / history

North Rhine-Westphalia was the last of the old federal states to develop a monument protection law. Until the Monument Protection Act came into force on July 1, 1980, the monuments in North Rhine-Westphalia were protected on the basis of traditional state law , such as the General Land Law for the Prussian States of 1794 and the Prussian Excavation Act of 1914 with its implementation provisions, in the former Lippe ( Land) with the Homeland Security Act of 1920.

Authorities

Monument Authority

The monument authorities of North Rhine-Westphalia are organized in three stages:

Monument Preservation Offices

The monument authorities receive professional advice and support from the monument conservation authorities . The heads of the monument preservation offices are traditionally referred to as state conservators . The monument preservation offices are carried out by the landscape associations. You have a purely advisory and expert role and not a monument authority function. It is about

Monument Council

The "lower monument authority" is obliged to form a committee for the tasks according to the DSchG NRW. A state monument council can be formed at the “Supreme Monument Authority” to represent the interests of the preservation of monuments .

Monuments

Monuments are defined as historical things , majorities of things and parts of things, in the preservation and use of which there is a public interest.

Architectural monuments

Architectural monuments are monuments that consist of structures or parts of structures. This also includes gardens , cemeteries and parks as well as historical furnishings, if they form a unit with the monument.

Monument areas

Monument areas are the majority of structures, even if not every associated individual structure fulfills the requirements for a monument.

Movable monuments

Movable monuments are broadly defined as any non-stationary monuments.

Soil monuments

Ground monuments are both movable and immovable monuments. This also includes evidence of animal and plant life and paleontological remains. Soil discoloration caused by ground monuments that are no longer independently recognizable (such as past wooden buildings, etc.) are also classified as ground monuments.

Archives do not fall under the DSchG NRW, but under the North Rhine-Westphalian Archives Act .

Measures for the protection and maintenance of a monument

Discovery of a ground monument

The discoverer of a monument is obliged to report the monument to the responsible municipality or the responsible monument conservation office. After the report, the owner of the property or its authorized user or an authorized person is responsible for three days that the state of preservation of the archaeological monument does not change. The period can be extended or shortened by the Upper State Monument Authority.

Since the new version of the DSchG NRW on July 16, 2013, the so-called “treasure shelf” has been in effect: Is the find a movable ground monument or a find of particular scientific importance that is ownerless or has been hidden for so long that the property is no longer is to be determined, the discovery becomes the property of the State of North Rhine-Westphalia. The find must be reported and handed over immediately to the responsible "Lower Monument Authority" or the Monument Preservation Office of the Landscape Association. Those who comply with their submission obligation are to be granted an appropriate monetary reward, which is based on the scientific value of the find. However, if the discovery was made during unauthorized research, no reward should be granted.[3]

Protected position

Monuments are placed under protection through constitutive entry in the list of monuments (Section 3 Paragraph 1 Sentence 1 DSchG NRW). The entry is made by the lower monument authority in consultation with the regional association (more precisely: with the monument preservation office). It can take place ex officio or at the request of the owner or the regional association. If the legal requirements are met, the monument must be placed under protection, regardless of whether the owner agrees. If it is expected that a monument will be entered in the list of monuments, the lower monument authority should order that the monument is deemed to be provisionally registered (Section 4 (1) DSchG NRW).

In order to place a monument area under protection, the responsible municipality must issue statutes , which must be approved by the upper monument authority (§§ 5 and 6 DSchG NRW). In these statutes, the area that is to be placed under protection must be specified, the reasons why the area is designated as a monument area and a plan and / or a representation of the area concerned must be attached.

Actions and changes

Are subject to authorization

  • on architectural monuments and permanent ground monuments:
  • in the vicinity of architectural monuments and permanent ground monuments, if the appearance of the monument is impaired,
    • the construction of a new plant
    • the removal or modification of an existing system
  • in the case of movable monuments, theirs
    • Elimination and
    • change

Permission is granted by the lower ground monument authority in consultation with the regional association (monument preservation office).

If the federal government or the state of North Rhine-Westphalia is the owner or authorized user of a monument, the district government decides instead of the lower monument authority.

If a monument is sold or changed, the owner, owner or authorized user must notify the lower monument authority of the change within one month.

Preservation and care

The owner is responsible for the preservation and maintenance of a monument. It is important to use the phrase "as long as the measures are within the reasonable range" that keeps appearing. With the concept of reasonableness, however, great caution is required. If the owner cannot finance the conservation measures, this does not automatically mean that the conservation of the monument cannot be expected of him. The demand to preserve the monument is unreasonable only if “a weighing of all relevant individual aspects, taking into account the objective situation and the constitutional principle of the social commitment of property, shows that such behavior cannot be required in cases of this kind” (see Dieter J. Martin / Michael Krautzberger (eds.), Handbook of Monument Protection and Preservation, Part B, Rn. 75. ) On the other hand, the owner can also receive grants in the form of public funds or tax breaks for maintenance and care. If necessary, the monument must be made accessible to the public. If the maintenance measures overwhelm him economically, the owner can, under certain conditions, apply for the monument to be taken over by the municipality (Section 31 DSchG NRW). It is also conceivable to enforce the public interest in preservation as the ultimate means, the expropriation of the monument (§ 30). The compensation is based on the State Expropriation and Compensation Act (EEG NRW). If the maintenance measures overwhelm him economically, the owner can apply for the monument to be taken over by the municipality under certain conditions (Section 31 DSchG NRW). It is also conceivable to enforce the public interest in preservation as the ultimate means, the expropriation of the monument (§ 30). The compensation is based on the State Expropriation and Compensation Act (EEG NRW). If the maintenance measures overwhelm him economically, the owner can, under certain conditions, apply for the monument to be taken over by the municipality (Section 31 DSchG NRW). It is also conceivable to enforce the public interest in preservation as the ultimate means, the expropriation of the monument (§ 30). The compensation is based on the State Expropriation and Compensation Act (EEG NRW).

Excavations

Excavation permits are issued by the Upper Monument Authority. Under excavations both actual ditch fall archaeological monuments as well as the mountains of archaeological monuments from waters. The Upper Monument Authority can set certain conditions for the excavation permits (professionally trained management, restoration treatment of finds and findings, etc.).

Excavation sanctuary

Certain areas, if they contain important archaeological monuments, can be declared an excavation protection area for an initial period of 3 years in consultation with the responsible monument conservation authorities . The deadline can be extended. Since there are important mining areas in North Rhine-Westphalia , it is stated in an addition that areas in which minerals occur that are subject to mining law can only be declared as excavation protection areas after consultation and agreement with the Dortmund Regional Mining Authority .

Other applicable ordinances and administrative provisions

The ordinances and administrative provisions required to implement the law are issued by the minister responsible for monument preservation (Section 3 (6), Section 42 DSchG). These include:

  • Ordinance on keeping the list of monuments (Monument List Ordinance) of March 13, 2015 [4]
  • Circular “Monument Plaque of the State of North Rhine-Westphalia” of May 5, 1988 [5]
  • Circular "Procedure for takeover requests in accordance with § 31 DSchG "of March 16, 1984 [6]

literature

sorted alphabetically by authors / editors

  • Dimitrij Davydov, Ernst-Rainer Hönes , Thomas Otten , Birgitta Ringbeck : Monument Protection Act North Rhine-Westphalia. Comment . 5th edition Wiesbaden 2016. ISBN 978-3-8293-1232-5
  • Carsten Doerfert: Monument and nature protection in the Weimar period. The Lippe Homeland Security Act of 1920 . In: Lippische Mitteilungen aus Geschichte und Landeskunde 71 (2002), pp. 333–345.
  • Rolf-Bernd Hechler: The urban development references of monument protection and the concept of preservation in urban development - fundamental considerations and planning experiences with special consideration of the legal situation in North Rhine-Westphalia. Dissertation, Bonn 1989.
  • Ernst-Rainer Hönes: Legal aspects of garden monument maintenance and nature conservation in North Rhine-Westphalia . In: Udo Mainzer (Ed.): Preservation of monuments, cultural landscape, nature conservation. Lecture texts from the conferences in Bonn-Röttgen 1997 and 1999 = Landschaftsverband Rheinland : Communications from the Rheinisches Amt für Denkmalpflege 14 (2007), pp. 41–55.
  • HG Horn, H. Hellenkemper et al. (Ed.): From the beginning. Archeology in North Rhine-Westphalia . Cologne 2005.
  • Memmesheimer, Paul A. / Upmeier, Hans-Dieter / Schönstein, Horst Dieter, Monument Law North Rhine-Westphalia, Commentary, 2nd edition 1989.
  • Ministry for Building and Transport North Rhine-Westphalia: Monument protection and preservation . [Brochure] 2006.

Weblinks

Individual evidence

  1. Use of the abbreviation NRW for legal and administrative regulations RdErl. D. Ministry of Interior and Justice v. February 17, 1999 - VB 5/17 - 10.10
  2. http://www.wn.de/Muensterland/Foerderung-des-Denkmalschutzes-gestoppt-Ehemalige-Richter-sehen-kulturelles-Erbe-bedroht
  3. DSchG NRW as of January 23, 2014
  4. Ordinance on keeping the list of monuments (List of Monuments Ordinance) of March 13, 2015
  5. RdErl. D. Minister for Urban Development, Housing and Transport v. May 5, 1988 -IB 4 - 05/10 - 926/88
  6. RdErl. D. Minister for State and Urban Development v. March 16, 1984 - III B 2 - 30 - 7/1 - 845/831