Key Benefits:
On 13 December 1999 (State 1 Er July 2008)
The Swiss Federal Council,
Having regard to art. 126 to 130 and 151, para. 4, Federal Act of 3 February 1995 on the Military and Military Administration (LAAM) 1 ,
Stops:
1 This order shall set out the procedure for approving plans for buildings and installations, built, modified or reassigned for essentially military purposes.
2 These include buildings and facilities:
The Federal Department of Defence, Population and Sports Protection (DDPS) is the approving authority.
1 As a general rule, the ordinary procedure for approval of plans is applicable. It may also contain elements of the expropriation procedure (combined procedure).
2 The simplified procedure for approval of plans shall apply to cases provided for in Art. 128, para. 1 and 2, LAAM.
3 The requirements of the Federal Act of 20 December 1968 on administrative procedure 1 Are applicable in the alternative.
4 In so far as civilian holdings are subject to the procedure for approval of military construction plans, the substantive provisions of the law on land use planning, in particular art. 22 and 24 of the Act of 22 June 1979 on land use planning 2 , are applicable.
1 The simplified procedure for approval of plans (Art. 128 A LAAM) shall apply mutatis mutandis, subject to the observance of the rules of the safeguard of secrecy. The cantons, municipalities and third parties must be consulted only in the event of necessity.
2 The approval authority may set charges and conditions.
1 They shall not be subject to authorisation to the extent that the interests worthy of protection for spatial planning, the environment or third parties are not compromised:
2 In case of doubt, the decision rests with the approval authority.
1 The DDPS, through the military sector plan, ensures the overall planning and definition of military projects with major effects on the organization of the territory and the environment. This rule does not apply to projects subject to the Federal Act of 23 June 1950 concerning the protection of military works 1 .
2 The classification of a project in the "settled coordination" military sector plan must, in principle, take place prior to the submission of the application for approval of the plans.
3 The approval of the plans of a project under the sectoral plan depends on its classification in the category " Resolved coordination " In the military sector plan.
4 In the case of projects under the sectoral plan for which an environmental impact assessment is to be carried out in parallel, the sectoral plan procedure may, in principle, be open only after the results of the investigation have been presented. Preliminary, within the meaning of s. 8 of the order of 19 October 1988 on the study of environmental impact 2 .
5 The approval authority shall ensure coordination between the sectoral plan procedures and the approval of the plans.
1 The completed application must be filed in a timely manner with the approval authority. In particular, it must contain:
2 On the basis of the documents submitted, the approval authority shall decide in particular on:
3 The approval authority may consult with other federal authorities or order the anticipated participation of the public or other interested parties.
4 It may require that the documents be completed or revised.
1 The application, including all required documents, is to be submitted, as a general rule in eight copies, to the approval authority in a timely manner.
2 The approval authority may require that the documents be completed or revised .
The application must, in particular, contain the following data and documents:
1 The perimeter of buildings and civil engineering works to be built, lands undergoing modifications and areas of land clearing must be quilted.
2 The profiles of the buildings must indicate in particular angles the height of the facades (height to the cornice) and the slope of the roof; for flat roofs, they must indicate the upper level of the acrotera. The height of the top level of the ground floor shall be marked with a slurry.
3 Applications to facilitate the picketing or placement of profiles must be made at the latest when filing the application.
4 Picket and profiles must remain until the completion of the public inquiry into the application.
The approval authority shall simultaneously submit the application documents to the federal, cantonal and municipal authorities concerned.
1 The municipality puts the request to the public inquiry.
2 The approval authority publishes the survey in the publishing arm of the canton and the municipality, as well as in the Federal Worksheet. The possibility of participating throughout the course of the investigation must be expressly stated.
3 Publication fees are the responsibility of the DDPS.
1 Throughout the course of the public inquiry, the population concerned has the opportunity to submit proposals in writing to the designated municipality.
2 The approval authority may refrain from initiating a participation procedure if the applicant demonstrates that the population concerned has already been able to participate properly and that the conditions have, in the meantime, not changed considerably.
3 No participation procedure takes place under the simplified procedure for approval of plans.
1 An objection may be filed within 30 days after the publication of the inquiry into the Federal Leaf with the municipality designated therein.
2 Objections must be filed in writing and include the findings and facts on which they are based.
1 The municipality shall forward its position to the canton, together with the oppositions and proposals which have been filed, within the prescribed time limit.
2 It shall give its opinion on the application, on objections, and on the proposals made by the population.
3 At the expiry of the opposition period, it shall inform the approval authority whether or not oppositions have been filed.
1 In its position on the application, the canton takes a decision on the position of the municipality, the oppositions and the proposals made by the population.
2 It shall forward to the approval authority, within three months after receiving the documents of the application, its position and the documents it has received from the municipality.
The approval authority shall submit to the applicant the positions taken, the oppositions, and the proposals made by the population, and shall take its opinion.
1 The procedure for consultation and the elimination of divergences is governed by Art. 62 A And 62 B The Federal Act of 21 March 1997 on the organization of government and administration 1 .
2 The approval authority shall submit to the federal authorities the positions taken by the cantons and municipalities, as well as the objections and proposals of the population. The federal authorities take a position within one month.
1 Adaptation of projects during the approval process must be submitted immediately to the approval authority.
2 In the event of major adaptations, the approval authority shall order a public inquiry. For the consultation of the municipalities, the cantons and the federal authorities concerned, shorter deadlines can be set.
3 Minor adaptations must be indicated to the parties to the proceedings, provided that they are concerned, at the latest when the decision on the approval of the plans is notified.
1 If the execution of a project depends on an expropriation procedure, the approval authority shall conduct such a procedure in the framework of the procedure for the approval of the plans until such time as the decision is made on opposition, provided for in Art. 55 of the Federal Law of 20 June 1930 on Expropriation (LEx) 1 .
2 The applicant shall file the necessary documents provided for in Art. 27 LEx, with the approval authority. The latter, after examination, requires additional documentation as required.
The picketing shall be carried out by the applicant and shall take place in accordance with the provisions of Art. 126 C LAAM. The applicant is required to install profiles in the case of buildings, or when it is difficult to realize otherwise the consequences of the work for portions of non-expropriated parcels and neighbouring buildings, as well For tracks and other public works.
The following shall submit to the municipality, within the period of intervention, in writing and duly reasoned:
The approval authority may authorise the initiation of a summary procedure, in accordance with Art. 33 and 34 LEx 1 .
The conciliation procedure provided for in Art. 45 LEx 1 Must be conducted by the approval authority.
After approval of plans resulting in an expropriation procedure has become enforceable, the approving authority transmits the documents in accordance with s. 129, para. 2, LAAM, to the Federal Basis of Estimate, which determines the heritage consequences.
1 The application shall be considered on the basis of the law in force at the time of decision-making on the approval of plans.
2 If the project complies with the applicable legislation, the approval of the plans takes the form of a decision.
3 This decision shall include in particular:
4 The decision on the approval of plans must be made, as a general rule, within three months after the closure of the conciliation procedure. If this deadline cannot be met, the approval authority shall inform the applicant, stating the reasons, when the decision can be taken.
1 The decision must be notified by registered mail:
2 The approval authority shall communicate its decisions in writing to the federal authorities concerned.
3 Decisions on approval of plans must be reported in the Federal Worksheet.
1 A construction project subject to authorization cannot commence until the decision to approve the plans is binding.
2 The approval authority may grant derogations:
Subsequent adaptations of the project must be submitted to the approval authority. In the event of major changes, the amendment orders a new procedure for approval of the plans.
The competent service of the DDPS shall inform within 30 days after the completion of the construction work the cantonal service responsible for the monitoring of the official measurements of any modification making necessary an update of the measurements Official.
1 Introduced by ch. 2 of the Annex to the O of 21 May 2008, in force since 1 Er July 2008 ( RO 2008 2745 ).
The order of 25 September 1995 concerning the procedure for the granting of military building permits 1 Is repealed.
1 [RO 1995 4784]
The new law shall apply to the phases of the proceedings under way on the entry into force of this Ordinance if those phases are, according to the former right, still necessary although not yet started.
This order shall enter into force on 1 Er January 2000.
