Historic Preservation; Applying for a Permit for Work on Architectural and Archaeological Monuments

As a general rule, measures relating to architectural or archaeological monuments, or to movable monuments listed on the register of historic monuments, only permitted if the lower-level historic preservation authority (counties, independent cities, and major county seats) has granted prior permission. The most important cases are listed below:

Architectural Monuments / Movable Monuments Listed on the Register of Monuments

For any measures intended to remove, alter, or relocate an architectural monument, and for most measures relating to protected fixtures, you need a permit under monument protection law. You also need such a permit if you intend to construct, alter, or remove structures in the vicinity of a historic building—but only if your planned action could affect the integrity or appearance of the historic building.

A separate permit under historic preservation law is not required if you need a building permit or an excavation permit for your project. In these cases, heritage protection considerations are addressed as part of the building permit process or the excavation permit process. Please note that for work on historic monuments for which you do not need a building permit, you always require a permit under heritage protection law!

You have a legal right to a permit under historic preservation law, provided there are no compelling reasons related to historic preservation that call for maintaining the existing condition unchanged. If, however, such reasons exist—and this is often the case—the permit may be denied. Instead of denying the permit, the permitting authority may grant it subject to conditions or other ancillary provisions designed to ensure that a solution compatible with the preservation of the historic monument is implemented. This is a very common approach in practice. These principles also apply to projects involving historic buildings that require a building permit.

Archaeological Sites

You need a permit under historic preservation law if you intend to excavate specifically for archaeological sites. However, you must also obtain a permit if, for other reasons, you wish to or are required to carry out earthwork that could affect archaeological sites. It is sufficient that you suspect or, given the circumstances, must assume that archaeological sites are located on your property. This applies in particular if you intend to build on a property where archaeological sites are located.

The historic preservation authority may deny a permit in these cases if necessary to protect an archaeological site. Here, too, there is the option of granting the permit subject to conditions or other ancillary provisions. Some local historic preservation authorities have developed special forms for the historic preservation permit process in their jurisdiction. Your local historic preservation authority will be happy to advise you.

Likewise, a permit is required for the use of technical detection devices on archaeological sites for legitimate professional purposes. Use for purposes other than professional ones is prohibited.

Advisory Services Offered by Municipalities

In addition, please note that municipal ordinances may also impose additional requirements—particularly regarding design—on construction projects. In such cases, it is advisable to seek advice from the municipality at an early stage.

A permit under historic preservation law is required for historic buildings and movable cultural properties listed on the historic preservation register :

• for any measures intended to remove, alter, or relocate a historic building
• for most actions involving protected fixtures and fittings
• if you intend to construct, alter, or remove structures near a historic building and your planned work could affect the integrity or appearance of the historic building

A permit under historic preservation law for archaeological sites is required if

• you intend to excavate specifically for archaeological sites
• you wish to or must carry out earthwork for other reasons that may affect archaeological sites
  It is sufficient that you suspect or, given the circumstances, must assume that archaeological sites are present on your property. This applies in particular if you intend to build on a property where archaeological sites are located.
• You use technical detection equipment on archaeological sites for legitimate professional purposes

There are no deadlines or time limits for the permit process under historic preservation law. Please note, however, that the permit must be granted before you can begin your project.

It is also important to bear in mind that the measures required by the conditions or ancillary provisions may take time to complete. Therefore, it is advisable to submit the permit application as early as possible. The point of contact is always the local historic preservation authority, which will then forward the application to the municipality for review without delay.

The point of contact is the Lower Historic Preservation Authority.

• Depending on the specific case, you may be required to submit various documents, such as:
  
  • Plans
  • Documentation
  • Photographs
  • Expert reports
  • Powers of Attorney

  Contact the appropriate authority. They will inform you which documents you need for your approval process.