22nd of January 2010 – Landscape: the opinion of the Superintendent becomes binding

The new procedure assigns more responsibilities to the Regional Authorities and reserves to the Superintendence the power of expressing the preliminary binding opinion about the interventions on protected areas. This opinion is required for the landscape permit to be issued and therefore for the subsequent building permit (Notice of Activity Commencement or Building Permit).

Here are the steps of the procedures:
–    the Regional, Municipal or Provincial Authority shall have to check the documents, acquire the opinion of the Landscape Commission and prepare an assessment proposal to be forwarded to the Superintendent within 40 days;
–    the Superintendent shall issue a binding opinion within 45 days. Should this opinion not be issued by this period of time, a Services Conference can be held, which shall be attended by the Superintendent or his written opinion shall be sent; the Conference shall make a decision within 15 days. After this period of time, the Party can ask the Regional Authority for an affidavit, which shall be delivered also by means of an Acting Commissioner within 60 days of receiving the request. If the Regional Authority has not delegated the local authorities to deliver such an authorization and is defaulting, the request for the affidavit shall be submitted to the Superintendent;
–    if the opinion is positive, the competent authority shall issue the landscape permit; if negative, a refusal notice shall be forwarded. Such a step is to be concluded within 20 days.

The permit or its refusal must in any case be issued within 60 days of the Superintendence receiving the dossier.

The procedure can last at most 105 days (120 if the Services Conference is held). The new regulation applies also to the procedures which, as of December 31st 2009, have not yet been concluded.

The landscape permit come into force 30 days after being issued.

The Superintendence’s opinion is mandatory but not binding only if the Regional Authorities have approved a landscape plan. So far, less than ten Regional Authorities have signed an agreement to draw up the rules for the landscape protection with the Ministry for Cultural Heritage.
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