ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 28, 2011 No. 1218

About approval of Rules of determination of conservation zones, zones of regulation of building and zones of the protected natural landscape of objects of historical and cultural heritage and the mode of their use

According to the subitem 9) of article 17 of the Law of the Republic of Kazakhstan of July 2, 1992 "About protection and use of objects of historical and cultural heritage" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of determination of conservation zones, zones of regulation of building and zones of the protected natural landscape of objects of historical and cultural heritage and the mode of their use.

2. This resolution becomes effective after ten calendar days after the first official publication.

Approved by the order of the Government of the Republic of Kazakhstan of October 28, 2011 No. 1218

Rules of determination of conservation zones, zones of regulation of building and zones of the protected natural landscape of objects of historical and cultural heritage and the mode of their use

1. General provisions

1. These rules of determination of conservation zones, zones of regulation of building and zones of the protected natural landscape of objects of historical and cultural heritage and the mode of their use are developed according to the subitem 9) of article 17 of the Law of the Republic of Kazakhstan of July 2, 1992 "About protection and use of objects of historical and cultural heritage" and establish procedure for determination of conservation zones, zones of regulation of building and zones of the protected natural landscape of objects of historical and cultural heritage and the mode of their use.

2. The conservation zone, zone of regulation of building and zone of the protected natural landscape are established for the purpose of ensuring protection of the objects of historical and cultural heritage recognized as historical and cultural monuments and included in the List of historical and cultural monuments (further - objects of historical and cultural heritage).

2. Procedure for determination of the conservation zone of object of historical and cultural heritage

3. Borders of the conservation zone of object of historical and cultural heritage affirm local representative bodies of areas (the city of republican value, the capital) on representation of the relevant local executive body.

4. The monument of town planning and architecture is surrounded with the conservation zone to the equal size of distance from the earth to its highest point, but at least 20 meters.

5. The monument of archeology is surrounded with the conservation zone of 50 meters from its borders, in case of group of monuments - from external borders of extreme objects. For archeology monument to which visibility shall be provided the radius of the conservation zone shall be equal 200 meters from its center.

6. The conservation zone around object of historical and cultural heritage is noted by security signs or the opened strip, either barriers, or shrubby plantings in the area of their borders.

From four parties of objects of historical and cultural heritage security signs on which are specified the name of object, the area of its conservation zone are established.

7. The conservation zone of object of historical and cultural heritage is brought in the historical and architectural basic plan and the schematic map of the respective area where the arrangement of historical and cultural monuments and again revealed objects of historical and cultural heritage is fixed.

3. Procedure for determination of zone of regulation of building and zone of the protected natural landscape of object of historical and cultural heritage

8. Borders of zone of regulation of building and zone of the protected natural landscape of object of historical and cultural heritage affirm local representative bodies of areas (the city of republican value, the capital) on representation of the relevant local executive bodies.

9. The zone of regulation of building of object of historical and cultural heritage is established the conservation zone equal to two sizes. The zone of regulation of building is measured from the region of the conservation zone.

10. The size of zone of the protected natural landscape of object of historical and cultural heritage is established to the equal size of zone of regulation of building. The zone of the protected natural landscape is measured from edge of zone of regulation of building.

11. The zone of regulation of building and zone of the protected natural landscape of object of historical and cultural heritage is brought in the historical and architectural basic plan and the schematic map of the respective area where the arrangement of historical and cultural monuments and again revealed objects of historical and cultural heritage is fixed.

4. The mode of use of the conservation zone, zone of regulation of building and zone of the protected natural landscape of object of historical and cultural heritage

12. The conservation zone is established:

for ensuring safety of object of historical and cultural heritage and the adjacent to its territory historically developed circle;

for creation of the conditions promoting detection of historical, scientific, art or other cultural value of object of historical and cultural heritage.

In the territory of the conservation zone works which make harmful effects on safety of object of historical and cultural heritage, on his historical and cultural perception are not performed.

13. The zone of regulation of building is established for preserving space, composition role of objects of historical and cultural heritage in historically developed system of building and the layout of the cities, the inhabited place, landscape, for ensuring harmonious unity of object of historical and cultural heritage with modern town-planning or the environment.

In case of development and approval of site plannings, buildings and reconstruction of the cities and other settlements local executive bodies of areas (the city of republican value, the capital) in coordination with authorized body on protection and use of objects of historical and cultural heritage provide accomplishment of actions for identification, studying, preserving historical and cultural monuments of all categories, creation of historical and architectural basic plans and schematic maps.

14. The zone of the protected natural landscape is established for ensuring safety of the natural and artificially created landscapes, gardens, parks having historical, architectural and art or other cultural value.

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