Protected areas, monuments and cultural landscape

PART III - Properties and zones with special regulations, protected zones

Title I - Properties and zones with special regulations (art. 180-185)

Properties with special regulations are those for which documentation establishes limitations on property rights, urban planning limits and prohibitions (art. 180); they are distinct from special-purpose zones of SNAOPSN (art. 181 para. 1). Zones with special regulations are of four types (art. 181 para. 2): zones protected in the national or local interest (heritage, protected built-up zones, cultural landscapes, protected natural areas, art. 182); urban/rural action zones (regeneration, restructuring, urbanization/de-urbanization, implementation of public projects, ecological reconstruction, art. 183); zones with special character (zones with ecological value, resource protection, protection of properties with sensitive functions such as schools, hospitals, places of worship, diplomatic missions, infrastructure protection, transport infrastructure safety including aeronautical easements, public use, natural and anthropogenic risks, defence objectives, flood risk, art. 184 para. 1), delimited in cooperation with the owner or administrator of the zone (art. 184 para. 2); territories with special regulation: the Black Sea coastline, the Danube Delta, mountain zone, border zone, the Danube-Black Sea Canal, the Poarta Albă-Midia-Năvodari Canal (art. 185 para. 1).

Title II - Protected zones, monuments, archaeological heritage, natural and landscape values (art. 186-203)

Chapter I - Protected zones (art. 186-190)

What it regulates. The definition and establishment of protected zones, related documentation, types of limits and prohibitions and the regime of interventions. For property owners in historic centres and monument protection zones, here are the basic rules.

Protected zones are zones in which buildings, natural setting and human activities have qualities whose protection is of public interest; they are established by decisions of local councils (art. 186 para. 1). They include: historical monuments and their protection zones (including UNESCO); protected built-up zones; zones with archaeological heritage (identified, incidentally discovered or of priority interest); built-up zones with natural or landscape values; protected natural areas (art. 186 para. 2). Zones of national interest are established by section III of PATN, those of local interest by planning or urban documentation (art. 187 para. 1-2); protected natural areas of local interest, by decisions of county and/or local councils (art. 187 para. 3). Local authorities must review documentation whenever changes occur regarding protected zones (art. 188 para. 3); documentation for heritage zones is prepared in compliance with the conditions of the Ministry of Culture or its deconcentrated services, within integrated approval (art. 188 para. 4).

Limits and prohibitions may consist of: prohibitions on demolition; restrictions on building rights, use and modification; obligations of use, maintenance and arrangement; prohibition of species foreign to the local biotope; obligation to use certain plant species; obligation of specific construction or finishing techniques and materials local to the area; restrictions on land placement and modelling; obligation to maintain cultural landscape elements (art. 189 para. 4). Their establishment is done with prior approval of the Ministry of Culture (art. 189 para. 5) and does not prevent expropriation (art. 189 para. 3). In protected natural areas, changes in land use and projects incompatible with the protection regime are prohibited (art. 189 para. 6).

Interventions on properties in protected zones are carried out only with prior approval of the Ministry of Culture (or its deconcentrated services) and the environmental authority (art. 190 para. 1); authorization in zones with archaeological heritage requires prior approval of the Ministry of Culture (art. 190 para. 2). In zones with incidentally discovered archaeological heritage and those subject to classification, authorization of works is suspended by law, the mayor being able to order the interruption of any activity until archaeological clearance (art. 190 para. 3). Interventions in archaeological zones within protected natural areas are carried out only if provided for in the management plan or with impact assessment (art. 190 para. 4).

Chapter II - Historical monuments on the World Heritage List (art. 191-192)

The regulations from the protection and management programmes developed by the Ministry of Culture are included in local documentation (art. 192 para. 1). Planning and urban plans for zones with UNESCO monuments and their protection zones are approved by Government decision (art. 192 para. 2), and their preparation is financed by the ministry from the state budget (art. 192 para. 3). Interventions on these monuments, protection zones and properties in the protection zone require prior approval of the ministry of culture and, as appropriate, the ministry responsible for urban planning (art. 192 para. 4).

Chapter III - Cultural Landscape (art. 193-196)

Cultural landscape, within the meaning of the European Landscape Convention (Florence, 2000, ratified by Law no. 451/2002), is the territory perceived as such by the population and specialists, whose character results from the interaction of natural and anthropogenic factors (art. 193 para. 1). Landscapes of national interest are delimited through section III of PATN (art. 194 para. 1); for those within the town limits, urban planning documents for protected areas of national interest are prepared at the initiative of the ministry (art. 194 para. 3). Landscapes of local interest are delimited through local documentation (art. 195 para. 1), with urban planning for protected areas of local interest (art. 195 para. 3). Authorization rule: authorization of works is prohibited if, by location, function, volume, architectural aspect, void-to-solid ratio, materials, roofing or colour palette, they depreciate the value of the landscape (art. 196 para. 1); risk is determined by reference to the applicable planning regulations (art. 196 para. 2).

Chapter IV - Protected Natural Areas (art. 197)

Management is carried out in accordance with OUG no. 57/2007 and Law no. 95/2016 (art. 197 para. 2). The Ministry and the National Agency for Protected Natural Areas develop urban planning framework regulations and architecture guides (art. 197 para. 3). Documentation and projects for properties in protected natural areas must be approved by the area administrators at all stages (art. 197 para. 4).

Chapter V - Danube Delta Biosphere Reserve (art. 198-199)

Documentation for the reserve territory and adjacent territories must be harmonized with the management plan (art. 198 para. 2). The construction regime is governed by special law, the management plan, the reserve regulation and the urban planning framework regulation (art. 198 para. 3). The urban planning framework regulation forms the basis for local regulations for rural localities in the reserve (art. 199 para. 1), aims to eliminate excessive and jarring interventions (art. 199 para. 3), is mandatory for the preparation of rural PUGs (art. 199 para. 4), forms the basis for approval and authorization until the revision of existing PUGs (art. 199 para. 5) and is approved by Government decision (art. 199 para. 6).

Chapter VI - Black Sea Coast (art. 200)

The coast includes all UATs with access to the sea (art. 200 para. 1). A temporary construction ban zone is established, generated by the coastline, until the approval of PUGs and PUZs with specific delimitation, as well as in case of suspension of documentation: in the direction of the sea, up to the 2 m isobath; in the direction of land, over a width of 300 m measured horizontally (art. 200 para. 2). Local authorities must initiate the preparation or updating of PUG/PUZ for the coast within a maximum of one year from the entry into force of the code and approve them within a maximum of five years; the beach administrator provides the data and approvals (art. 200 para. 3). Penalty for non-compliance: prohibition to request or benefit from reimbursable or non-reimbursable funds, from the date the I.S.C. finding becomes final; this does not apply if the beach administrator has not fulfilled its obligations or financing has not been secured (art. 200 para. 4).

Chapter VII - Mountain Areas (art. 201-203)

In the protection zone of forest ecosystems and mountain forests, any construction is prohibited, except those under art. 326 para. 3 lit. c (art. 201 para. 2); it applies to the mountain zone defined by Mountain Law no. 197/2018 (art. 201 para. 3). In the protection zone of mountain watercourses and lakes and in sectors unaffected by human activities (HG no. 111/2020), construction is prohibited (art. 202 para. 2), except for public services and economic activities of public interest that can only function near water, without affecting the landscape (art. 202 para. 3). Expansion of mountain localities is permitted only in continuation of existing localities, without exceeding the upper limit of forest zones (art. 203 para. 1) and without generating continuities of built fabric between localities (art. 203 para. 2), including in the same metropolitan area (art. 203 para. 3). Any tourism development in the mountain zone requires a landscape impact study (art. 203 para. 5).

Title III - Protection of Cultural Elements and Urban Image (art. 204-210)

Waterfrontsart. 204. The width of water protection zones is that in Annex no. 2 to Water Law no. 107/1996 (art. 204 para. 1). In waterfront and protection zones, urban planning limits and prohibitions and specific construction measures may be established, taking into account the increased flood risk (art. 204 para. 2). Documentation for waterfronts must ensure pedestrian routes and bicycle paths along them and nature-based solutions (art. 204 para. 5).

Green spacesart. 205. Prohibitions regarding change of destination of green spaces are regulated only in compliance with OUG no. 195/2005 and Law no. 24/2007.

Urban restructuring zonesart. 206-207. These are zones for which authorities have established the conditions for triggering restructuring; restructuring may involve modification of land boundaries and private property rights (art. 206 para. 2). They are delimited through PUG or integrated strategy and can be updated through PUG or PUZ (art. 207 para. 1-2).

Urbanization/de-urbanization zonesart. 208. Urbanization zones are those intended to be included in the town limits, with regulations regarding equipment with access and networks (art. 208 para. 1); de-urbanization zones are zones in demographic decline, intended to be removed from the town limits (art. 208 para. 2), for which the administration establishes the conditions for decommissioning infrastructure (art. 208 para. 3). Documentation introducing land into the town limits must include regulations regarding land for roads, networks, services and public facilities (art. 208 para. 4).

Areas for implementation of public projects (art. 209). Territorial reserves defined for projects in action plans (art. 209 para. 1), with urban planning limits and restrictions (art. 209 para. 2). For public projects not provided in documentation, authorities initiate necessary documentation, approved and endorsed on an urgent basis, with deadlines reduced by at least 50% (art. 209 para. 3).

Ecological reconstruction areas (art. 210). Areas affected by industrial, land improvement, extractive or harmful agricultural activities (art. 210 para. 1), with temporary building prohibition until ecological reconstruction elements are completed: bioretention basins, plantations, slope consolidations, terrain remodeling (art. 210 para. 2).

Title IV - State control over properties with special regulations. Sanctions (art. 211-213)

Control is exercised by central authorities in their respective fields and by local authorities through their specialized structures (art. 211 para. 1). Violations of the Danube Delta Biosphere Reserve regime: carrying out development and construction works in breach of the Reserve Regulations and reserve administration acts; changing land use contrary to the Regulations (art. 212 para. 1). Fine: from 100,000 lei to 500,000 lei, for natural and legal persons (art. 212 para. 2-3), without possibility of warning (art. 212 para. 4); established by control departments of county councils and communes and by I.S.C. (art. 212 para. 5). Offenses against mountain area regulations, punishable by imprisonment from 3 months to one year or fine: constructions in mountain forest protection zones; approval of documentation without compliance with mountain locality extension rules; constructions in mountain water protection zone (art. 213).