Zakres swobody i władztwa planistycznego gminy w kształtowaniu treści uchwały krajobrazowej
Margin of Discretion and Planning Authority of a Municipality in Shaping the Content of a Landscape Resolution

Summary/Abstract: The so-called landscape resolution, which has been introduced to the Act on SpatialPlanning and Management in September 2015 by the Act of 24 April 2015 amending certain acts in relation to strengthening landscape protection instruments, is one of the instruments that allows to exercise the municipality’s planning authority. It establishes rules and conditions concerning the location of objects of the so-called “small architecture” such as advertising boards, advertising devices and fences, their size and weight, quality standards and types of building materials they can be made of. In normative reality the freedom regarding regulations included in a landscape resolution meets a number of material and formal constraints resulting from the provisions of the Act on Spatial Planning and Management as well as the provisions of separate statutes and constitutional principles affecting the whole legal order. In some cases, the above mentioned legal conditions exclude some of the findings which, according to the provisions of the Act on Spatial Planning andManagement, may be included in the landscape resolution.

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