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Methods of landmark protection expanded

The Act dated 18 March 2010 Amending the Landmarks Care and Protection Act and Certain Other Acts has expanded the catalogue of forms of protection for landmarks in Poland.

Previously the only means provided for protecting landmarks were entry in the landmarks register, recognition as an historical landmark, establishment of a culture park, and protection under the local zoning plan. As a result of the changes introduced, it will now be possible to protect landmarks via a decision on location of a public investment project, a decision on construction conditions, a decision issuing a permit to carry out a road construction project, or a decision establishing the location of rail lines.

In addition, when authorities are issuing amended decisions, they must consider not only landmarks entered in the landmarks register maintained by the province landmarks conservator, but also landmarks that are entered in the local commune’s list of landmarks.

Amendments were also made accordingly in the Construction Law and the Zoning Act. Issuance of a decision on construction conditions (i.e. a zoning permit), a building permit or a demolition permit concerning a structure that is not entered in the landmarks register but is included in the local commune’s list of landmarks will now require approval of the province landmarks conservator.

These changes went into effect on 5 June 2010.