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Preservation and Nature Conservation: Law against the Deformation of Villages and Regions with Exceptional Landscapes (July 15, 1907)

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§6. As far as no further regulations are enacted according to §2 of the local ordinance, then the expert witness and the town council are to be heard before the approval is granted or denied. If the building inspection authority decides to grant approval in opposition to a motion from the town council, then it must convey this approval to the council through a judgment. The town council is entitled to raise an objection to the judgment to the regulatory authority within two weeks.

In towns in which the town council does not decide according to a majority of persons, and the town manager [mayor] is also the local police authority, then, insofar as no other measures have been determined in the local ordinance, the town council is replaced by the town clerk, who represents the mayor in cases where the mayor cannot be present.

§7. For self-governing estates, the regulations subject to the local ordinance can be enacted by the communal authority after the estate manager has been heard. The judgment of the communal authority must be confirmed by the district authority. The conditions stated in §2, paragraph 2, and in §5 and §6 can be applied according to their meaning.

§8. The president of the local government has the authority, with the approval of the district authority, to determine that the approval of the building inspection authority for the construction of buildings and architectural modifications outside the town limits can be denied in those parts of the jurisdiction with especially significant landscape features, [that is] if the landscape would be grossly deformed through such construction, and if this effect could not be avoided by the choice of a different building site, or a different architectural plan, or through the use of a different building material.

Expert witnesses and the town council are to be heard before the approval is denied. In towns in which the town council does not make decisions according to a majority of persons, and the town manager [mayor] is also the local police authority, then, insofar as no other measures have been determined in the local ordinance, the town council is replaced by the town clerk, who represents the mayor in cases where the mayor cannot be present.

Documented with our most authentic personal signature and the accompanying stamp of the royal seal. Signed in Tromsö, on board the M.Y. “Hohenzollern,” July 15, 1907

(L.S) Wilhelm

Prince von Bülow. von Bethmann Hollweg. Baron von Rheinhaben. von Einem. Beseler. Breitenbach. von Arnim. von Moltke. Holle, signed also for the Minister of Public Works


Source: “Gesetz gegen die Verunstaltung von Ortschaften und landschaftlich hervorragenden Gegenden” [“Law against the Deformation of Villages and Regions with Exceptional Landscapes”] (July 15, 1907), reprinted in Adolf Weißler, Preußisches Archiv: Sammlung der Gesetze und der das Rechtswesen betreffenden Verordnungen und Verfügungen Preußens und des Rechts [The Prussian Archive: Collection of Statues and Prussian Ordinances and Decrees Concerning the Judiciary and the Law]. Leipzig, 1907, pp. 575-77.

Translation: Richard Pettit

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