Protection zones of cultural heritage sites: definition, classification, types, construction restrictions, development procedure and compliance with the law

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:54

Monuments of nature and culture need full protection from society and the state. Only in this case they can appear before their descendants, be the pride of the people. Of course, such protection should be regulated precisely at the state level. In the Russian Federation, there are several important legislative acts dedicated specifically to the protected zones of cultural heritage sites. We will analyze these documents, highlighting the features of these zones, their classification, and legal requirements.

Regulatory legislation

Regulations on protected zones of cultural heritage sites include the following acts:

• FZ No. 73 (published in 2002, last edition - August 2018) "On objects of cultural heritage of the Russian Federation". In particular, art. 34.
• Decreeof the Russian Government No. 972 "Regulations on the zones of protection of objects of cultural heritage of the peoples of the Russian Federation".

Additions to these acts were made by these federal laws:

• FZ No. 342 (2018).
• FZ No. 315 (2014).

Further in the material, based on the above documents, we will analyze important definitions and introduce a classification of protected zones. In addition, these legislative acts contain information on the drafting of projects, the characteristics of regimes, which is also important to present to the reader.

What is this?

First of all, let's give a definition.

Zone of protection of cultural heritage objects - a certain territory within which, to ensure the integrity of these objects, a special regime for the use of land is established. It is designed to limit economic activity and completely prohibit construction in the area.

Exception - the use of special measures that are aimed at preserving, reconstructing, regenerating the natural, historical, urban planning zone of a natural heritage site.

In addition, the article will use concepts that are close, but not identical to the above:

• Zone of regulation of economic activities and development - the territory within which the regime of land exploitation will be established, limiting economic activities and construction activities. It also defines the requirements for the renovation of existing structures and buildings.
• Zone of naturalprotected landscape - a territory within whose boundaries a special regime of land use will be established, both narrowing and prohibiting construction, economic activity, reconstruction of existing structures in order to preserve the unique natural landscape. The latter can be considered river valleys, forests, reservoirs, terrain compositionally associated with a culturally significant object.

Based on this, a classification can be made.

Varieties

Protected zones of cultural heritage sites are being developed to ensure the safety of the latter. They are installed in the historical environment of the object, directly on the area adjacent to it. Security zones can be of three types:

• Protection zone of a cultural heritage site.
• Regulation zone for developments and various economic activities.
• Natural landscape protection zone.

The required composition of protected areas is determined by the project of protected zones of cultural heritage sites.

To simultaneously ensure the protection of several cultural, natural objects located next to each other, it is allowed to create a single security zone for them. What can be included in it? Same species:

• Unified zone for the protection of cultural heritage sites.
• Single area for regulation of economic activity, developments.
• Single zone of natural protected landscape.

The composition of such a united zone is determined by the project of united protected zones of cultural heritage sites. Let's move on to the next topic.

Basis for project development

Now let's analyze the development of protected zones of cultural heritage sites. It can be carried out by both individuals and legal entities. individuals based on data from architectural, historical, archival research, taking into account information from the state real estate cadastre.

The composition of such a zone is determined on the basis of the project of zones for the protection of cultural heritage sites. It relies on the materials of architectural and historical research, which fully substantiate it.

Data of cultural, historical research are formed on the basis of the following information:

• The supporting cultural and historical plan of the settlement, city, on whose lands there is a culturally significant object (either its fragment or a whole group of objects).
• Information about the identified objects related to cultural heritage, their established territories, which are located within the boundaries of the projected protective zone.
• Materials of already developed projects of buffer zones around culturally significant objects located both within the boundaries of a particular settlement and in inter-settlement areas.
• Materials for visual, landscape analysis of the compositional connection of a cultural heritage object (or a group of them) with the landscape environment, surrounding buildings.
• Other data that is necessary for the preparation and justification of the project.

Performing project development

Project Developmentprotection zones of cultural heritage sites in Moscow and other subjects of the Russian Federation, as well as historical and architectural studies that substantiate them - the directions of federal and regional targeted programs of the Russian Federation. Among other things, they provide for measures to preserve, popularize, state. protection and use of natural and cultural monuments.

The development of these projects can also be carried out on the initiative (and at the expense of finances) of the municipal government, owners or direct users of these culturally significant objects. As well as the right holders of land allotments, somehow connected with natural and cultural monuments.

The development of projects for permanent and temporary protected zones of cultural heritage sites is also initiated by the Russian Ministry of Culture, state authorities of the constituent entities of the federation, and the structure of local government.

The Ministry of Culture of the Russian Federation is also obliged to give methodological recommendations on the procurement of materials that form the basis of projects for protected zones around natural and cultural monuments. The same structure determines the coordination of projects of certain objects of cultural heritage with state bodies. authorities that provide them (monuments) protection.

Project and area boundaries

Now another important concept. Projects of a zone of protection of a monument of culture or nature (or an integrated zone) are textual documentation, as well as information presented in the form of maps, diagrams, which forms a complete picture of the boundaries of the protected area. It is obligatory to list the modes of land exploitation in this zone, as well asurban planning regulations within the given territory.

The boundaries of the buffer zone of cultural heritage objects are lines that indicate the territory beyond which urban planning, economic or other activities will not have a negative impact (both direct and indirect) on the safety of a cultural or natural monument in its natural environment.

The designation of these lines, as well as the coordinates of reference points of the boundaries of protected areas on diagrams and maps, should unambiguously determine the limits of protected areas. Accuracy is brought to the standards specific to the state real estate cadastre.

It is important to note that the boundaries of protected areas around cultural and natural monuments may not be combined with the boundaries of land plots, the boundaries of other territorial objects.

Default zone mode

According to the law on protected zones of cultural heritage objects, the following restrictions are introduced on the exploitation of land plots, requirements for urban development in this territory:

• Prohibition on the construction of capital buildings. That is, for the construction of a cultural heritage site in the buffer zone. An exception is the use of special measures aimed at regenerating, restoring the natural, historical, urban planning zone of an object, recreating or restoring its completely / partially lost components, characteristics.
• Restriction on major repairs and reconstruction of capital buildings (or parts thereof), which maychange the sizes, proportions, parameters of these objects, involves the use of other building materials, colors, design features of small buildings.
• Preservation of the typological, scale, planning characteristics of the natural and urban environment, including historical valuable objects that form the general plan.
• Guaranteeing the visual perception of a monument of culture or nature in its natural environment. This also includes ensuring the preservation of the surrounding landscape, historical small buildings.
• Compliance with all requirements for the protection of the natural environment, which guarantee the safety of the object in its natural historical and landscape environment.
• Other requirements that determine the safety of a cultural monument.

Regulation for the zone of restricted development and economic activities

Requirements for the regime of the zone of regulation of economic activity and development will be slightly different from the requirements for the regime of the buffer zone around natural and cultural monuments. Consider these prescriptions:

• Restricting construction to the extent necessary to preserve the culturally significant property in its original historic environment. The restriction also applies to the parameters, proportions and sizes of capital buildings / their parts, the use of certain building materials and color schemes.
• Restriction of overhaul, reconstruction of capital development facilities, if the work is associated with a change in their forms,proportions, sizes, parameters, use of other building materials and color schemes.
• Guaranteeing the visual perception by visitors of a natural or cultural monument in its original landscape, historical environment.
• Restriction of economic activity to the extent that it will not negatively affect the object.
• Preserving the quality of the natural environment to the extent that it becomes possible to preserve a natural or cultural monument.
• Compliance with all environmental protection regulations, which may contribute to a certain extent to the preservation of a culturally important site for future generations.
• Other requirements excluding the influence of negative factors on the monument.

Natural Landscape Protection Zone Mode

The regime for a given territory must be drawn up taking into account these requirements:

• Prohibition of the construction of capital buildings, restriction of economic activities, a ban on major repairs and reconstruction of buildings (capital development), in order to preserve / restore the connection of a natural or cultural monument with the surrounding landscape. The latter includes river valleys, reservoirs, open spaces and forests. The only exception will be the construction of small buildings, work on the general improvement of the territory.
• Maintaining the quality of the environment, which is necessary for the conservation, regeneration of the protected natural landscape.
• Preservation of the historically characteristic ratios of closed and open spaces in the natural protected landscape withthe goal of the integrity of the perception of a culturally significant object in its original natural, historical environment.
• Compliance with environmental protection requirements that can ensure the preservation of the protected natural landscape in its natural environment.
• Other requirements that ensure the safety, regeneration of a protected monument of culture or nature.

Coordination with the Ministry of Culture

In order to introduce any of the listed regimes on a certain territory, as well as to establish the boundaries of the surrounding zones, the requirements for various urban planning regulations, the prepared project must be coordinated with the Ministry of Culture of the Russian Federation. For this, the authorized person in the field of state protection of monuments, objects of cultural significance provides the following documentation there:

• Draft legal act that approves the boundaries of the buffer zone, the object, the regime applied in this territory, the instructions regarding urban planning regulations.
• Project for the protection of a natural or cultural monument.
• Data on the results of the consideration of the above projects either by the executive authorities of any of the Russian subjects, or authorized in the field of state protection of culturally significant objects of the peoples of the Russian Federation.
• Conclusion of the historical and cultural state expertise.

Decision to establish zones and terminate their existence

Another important question. Who is authorized to establish the protective zone of the objectcultural heritage? There are several responsible authorities here:

• The decision to both establish and change the protective zone of a culturally significant object of the peoples of the Russian Federation, belonging to a particularly valuable category, included in the World Heritage List is taken and approved by the federal body for the protection of this kind of objects. It introduces requirements for urban planning regulations within these territories, approves them on the basis of projects for such protected zones.
• The decision to terminate the existence of protective zones of such objects (valuable, available on the World Heritage List) is also taken by the federal body responsible for the protection of cultural sites.
• The decision to both establish and change the protective zone of an object of cultural heritage of regional importance (not included in the list of especially valuable, as well as in the List) is introduced by the forces of the subject of the Russian Federation. However, this decision must be coordinated with the higher federal structures.
• If this is a cultural object of local (municipal) significance, then the decision to create, change protected zones for it is made in accordance with the laws of the subject of the Russian Federation. Those within whose borders it is located.
• The decision to terminate the existence of buffer zones of cultural heritage sites of regional significance, not included in the World Heritage List, not particularly valuable, is also taken by the state authorities of the subject of the federation.
• The zone of protection of a natural or cultural monument may cease to exist even without making responsible decisions. However, this is only possible in onecase: when a culturally significant object was excluded from the All-Russian state unified register of monuments of nature and culture of the peoples of the Russian Federation.
• Approval of zones of protection of cultural heritage objects occurs no later than 2 years after the monument, the territory was included in the above unified register. This clause of the Regulation was introduced relatively recently - 3.08.2018.

Let's summarize the consideration of legislative acts. Approval, change, termination of the existence of buffer zones that protect cultural heritage sites from destruction are regulated in Russia at the state level - federal, regional, local authorities. To introduce a protective zone around any monument of nature or culture, it is obligatory to prepare a meaningful project. It should determine the regime, boundaries, requirements for urban planning regulations regarding the given territory.