Landscape Protection in South Tyrol: The Constitutional Court to Decide

1. The facts

   According to reports by media outlets such as Italia Oggi, Alto Adige, and Salto.bz, the case stems from the referral order issued by the Regional Administrative Court (TRGA) of Bolzano.

   The court suspended the administrative proceedings to submit Article 48, paragraph 3, of Provincial Law no. 9/2018 to the Constitutional Court. The challenged regulation allows Municipal Councils to modify landscape ensembles (nuclei of historical and cultural value) through variances to the municipal plan, without requiring a binding opinion from the Provincial Government or state involvement.

   The proceedings are currently in the stage of a preliminary constitutional referral, which suspends related administrative matters pending the final ruling of the Constitutional Court.

2. 

   The regulations at play

   The statutory framework centers on Art. 48 of Bolzano Provincial Law no. 9/2018, which delegates the regulation of landscape ensembles to Municipalities. This provision must be evaluated against Art. 8, no. 6, of the Special Statute (Presidential Decree no. 670/1972), which grants the Province primary legislative jurisdiction over landscape protection.

   At the national level, Art. 117, paragraph 2, letter s), of the Constitution assigns exclusive jurisdiction over environmental protection to the State. Furthermore, the Cultural Heritage and Landscape Code (Legislative Decree no. 42/2004) mandates joint planning between the State and local authorities to ensure uniform minimum standards of protection across the entire national territory.

3. What case law says

   Constitutional and administrative case law has consistently established that landscape protection constitutes a primary constitutional value. Established precedents dictate that, although Autonomous Provinces hold broad legislative power, local regulations may not under any circumstances lower the levels of protection guaranteed by state law.

   On several occasions, the Constitutional Court has struck down regional or provincial provisions aimed at simplifying authorization procedures in restricted areas. Administrative jurisprudence has reiterated that the protection of landscape ensembles requires a specialized technical evaluation, which cannot be replaced by the political discretion of municipal councils.

5. Analysis drafted and verified with edit.legal

   To verify the provisions cited in this article, we used edit.legal. Test our legal AI on official sources and apply it to your own matters.

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8. What it teaches professionals

   First, never rely solely on local regulations without verifying their consistency with the overriding principles of state law.

   Second, in the presence of urban planning variances lacking approval from protection authorities, legal counsel should promptly raise the lack of jurisdiction and statutory violations to trigger constitutional review.

   Third, when advising private developers, it is prudent to recommend obtaining proactive technical approvals from state and provincial authorities to shield administrative permits against potential third-party litigation.

References: Articolo 117 Costituzione ItalianaArticolo 8 Statuto Speciale Trentino-Alto Adige (D.P.R. 670/1972)Legge Provinciale Bolzano 10 luglio 2018, n. 9D.Lgs. 22 gennaio 2004, n. 42 (Codice dei Beni Culturali e del Paesaggio)

Editorial oversight: Avv. Federico Papa·ICAMUpdated 7 July 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction