PROTECTION AND ENHANCEMENT OF LANDSCAPE HERITAGE: IDENTIFICATION OF AREAS OF ARCHAEOLOGICAL INTEREST UNDER ARTICLE 142, CLAUSE 1, LETTER M OF THE LAW FOR CULTURAL HERITAGE AND LANDSCAPE*

MARINELLA DEL BUONO**, FABRIZIO PAOLUCCI***, ANNA PATERA**, SUSANNA SARTI****

** MiBAC – Regional Directorate for Cultural Heritage and Landscape *** Special Superintendency for Historic, Artistic, and Ethno-anthropological Properties and for the Museums Group of the City of **** Superintendency for Archaeological Heritage of Tuscany

Legal instruments and provisions for landscape planning The European Landscape Convention, ratified by Italian Law 14 (09/01/2006), obligates each signatory nation to “include landscape policy in territorial and urban planning; cultural, environmental, social and economic planning; as well as in other policies that may have a direct or indirect bearing on landscape”. In keeping with this obligation, national law on landscape issues, represented by the Law for Cultural Heritage and Landscape (“the Law”), provides that the regions impose specific norms for use of their entire territory. They must do so by approving landscape plans, meaning urban-territorial plans that give specific consideration to landscape values, with such plans, as they concern landscape heritage, being jointly developed by the Ministry of Cultural Heritage and Activities (MiBAC) and the relevant region. The Memorandum of Understanding, signed 23/01/2007, demonstrated the shared will of MiBAC and the Region of Tuscany to “proceed with the progressive and shared development of a territorial statute and plan” towards this objective. The two parties are “reciprocally engaged to ensure all forms of useful information exchange and to implement all forms of productive collaboration”. The Tuscany Piano di Indirizzo Territoriale (Territorial Plan, PIT) has been recognised by both parties as having landscape planning meaning and effect under Articles 135 and 143 of the Law. The related Implementation Regulations (23/02/2007) and amendments (24/07/2007), signed by the responsible national and regional administrations, provide detailed provisions for the means and time schedules to complete this collaboration. A further Memorandum of Understanding (18/11/2008), between MiBAC (Directorate General, Tuscany Regional Directorate, superintendencies), the Region of Tuscany and the associations of regional territorial authorities (ANCI, UNCEM, UPI), obligates collaboration among national, regional and local authorities for the achievement of active landscape preservation in Tuscany, through appropriate planning instruments and territorial government, adjustment and conformity of territorial plans, and coordination with the provinces and municipal-level structural plans. All documents cited above are available at www.toscana.beniculturali.it and www.regione.toscana.it/ambienteeterritorio/paesaggio.

Contents of the Tuscany PIT with value as landscape plan The jointly developed landscape plan must be complete for all descriptive, documentary and regulatory content indicated in the details of Articles 135 and 143 of the Law. The following elements determine that the PIT has value as a landscape plan: 1. The plan document 2. Regulatory plan (2A General planning regulations – 2B Regulations for landscape heritage) and related attachments: • Sections 3 and 4 of the Landscape sheets

1

• Mapping providing the identification, delimitation and illustration in appropriate scale of structures and areas decreed of significant public interest • Mapping showing the identification, delimitation, and illustration in appropriate scale of structures and areas protected under force of law • Mapping showing the identification of areas that are seriously compromised or deteriorated • Atlas of Tuscan landscapes 3. Documentation framework • Sections 1 and 2 of the Landscape sheets • Mapped documentation and depiction of the 38 landscape areas • Atlas documenting archaeological resources • Map of protected areas.

Identification of areas of archaeological interest under Article 142, comma 1, letter m of the Law The PIT documentation framework includes a specific elaboration titled Atlas of documentation of archaeological resources, including the criteria adopted for the documentation of the identifying values of the areas of archaeological interest. The editing of this document is managed entirely by the Superintendency for Archaeological Heritage of Tuscany (SBAT), and consists of a simplified version of the data management system already in use. The system includes archival and published data concerning archaeological heritage. It indicates degrees of confidence in the map positioning of all sites and features currently registered (approximately 10,000 points). The geo-referenced data bank is updated periodically and permits access to related worksheets that refer to the individual points and list their essential identifying features (see A. CAMILLI, Sistema Informativo Territoriale e cartografia archeologica di tutela del territorio toscano. Un progetto in corso, in Notiziario della Soprintendenza per i Beni Archeologici della Toscana 3/2007, pp. 731-736). The analysis of the distinctive characteristics of Tuscany’s archaeological heritage and the inter- relationship between this heritage and the territorial context led to the provision of criteria for the subsequent activities of the MiBAC regional offices (Tuscany Regional Directorate, Superintendency for Landscape Heritage, SBAT). These activities involved the documentation, delimitation and depiction of areas of archaeological interest, which were identified on the basis of one or more of the following criteria for the presence of: - deposits of palaeoleontological interest, documenting the complex genesis and radical changes that the landscape has undergone over the arc of millions of years; - remains from the prehistoric period, offering legible and significant indications for the reconstruction of territorial use commencing with the earliest stages of human history; - protohistoric or Etruscan hill settlements, permitting a reading of the general plan, characterising features, and ideally with conservation of the strict correlation between the morphology of the location and the settlement’s territorial function of the period; - monumental necropoli, characterised by the presence of funerary structures with strong visual impact or symbiosis with the surrounding landscape; - settlement centres, consisting of surface-level or buried archaeological remains of structures that, as a whole, distinguish the area occupied as a settlement, and for which there is evidence of the relationship with the surrounding territory; - public, private or religious structures, which compose complexes of particular relevance for typology, measure, state of conservation, richness of preserved elements, either visible or buried; and relationship with the surrounding landscape. - production complexes, such as kilns, quarries, cetaria, oil or winery facilities, etc., wherever it is possible to verify close inter-relation between the historic production activity and the current landscape appearance, thus permitting delineation of a framework of landscape continuity that remains constant through time;

2

- historic infrastructure, such as bridges, roads, ports, secondary roads, etc., whenever these, in addition to providing visible remains of archaeological interest, present clear territorial connotations due to determining forms of settlement that have extended through time. The areas identified are included under the provisions of protection specified in Article 142 of the Law, previously introduced under the so-called Galasso Law (L 431/1985). As is well known, the 1985 legislation introduced profound innovations in protection of landscape heritage, which until then had been limited to “natural and scenic beauty” under L 1497/1939. The Galasso Law introduced additional requirements to identify landscape heritage and increased the types of areas to be protected: coastal territories, wooded areas, mountain areas, natural parks, riverine and lacustrine areas and areas of archaeological interest. Unlike properties indicated under Article 136 of the Law, those that are protected by decree do not require any further public declaration, and their delimitation is based simply on activities of documentation. For this reason, and also for lack of specifics in the written norms, the inclusion of the so-called “m areas” within the "environmental" category has been the object of major doctrinal and legal debate, especially as concerns the means of their actual identification. In the period immediately following the Galasso legislation, the Central Office of MiBAC, which was at that time responsible, issued two circulars giving specific indications. The first of these (Circular 26/04/1994 – L 431/1985, Article 1, letter "m", prot. 8373 IIG) indicated "the generic wording of the legislation necessitates further clarification to communicate when ‘archaeological interest’ could identify areas worthy of protection under L 1497/39, since it is clear that the simple presence of archaeological remains, sometimes buried – or even the mere supposition of their existence – can not be sufficient to qualify as the said interest. Considering that L 1497/39 is intended to protect natural beauty, a portion of the territory can be considered as qualifying as ‘area of archaeological interest’ under letter m of L 431/85 when surface archaeological remains are present over a well-defined area and have become part of the landscape, qualifying them as an element of visual presence and so of landscape character…. For the purpose of certainty under law, precise identification of such areas is essential – with specific provision for recognition (ministerial decree and/or regional act) which delineates the boundaries with precision and clearly defines the foresaid inter-relation between surface archaeological heritage and natural beauty, on the basis of a detailed technical document prepared by the Superintendency for the relative specific competencies". This was then amended significantly (Circular 06/12/1995 L 431/1985, Article 1, letter "m", prot. 27548/42), with the statement: "in reference to archaeological features, which must characterise the territory in order to quality as ‘areas of archaeological interest’, it is possible to also extend the concept to those properties, although not being at surface level, are still an integral part of the area and indicate it as worthy of protection.” These indications were taken into account in developing practice for the PIT, which defines areas of archaeological interest as "characterised by the simultaneous and concurrent presence of prerequisites, deriving from the presence of archaeological heritage – surface or buried – and from intrinsic ties that these present with the surrounding landscape and which create an inseparable complex distinguished by deep interpenetration of archaeological values, territorial morphology and natural setting" (Regulation for Landscape Heritage, Article 3, comma 2, letter m). This category is considered as including all areas subject to recognition provisions previously issued (Regulation for Landscape Heritage, Article 3, comma 2, letter m), as well as all areas identified under specific provisions of regional governments, in agreement with the competent regional offices of MiBAC, on the basis of technical-scientific investigations conducted by the SBAT. To achieve this objective a technical joint round-table for landscape planning was instituted, which began from the pre-existing mapping provided by the Region of Tuscany and carried out a new overall examination in conformity with the general criteria, annexed to the Atlas documenting archaeological resources, and has developed a type-sheet (figure 1a-b) that defines the characteristics of each area identified in the mapping. By the end of this process, 80 areas of varying surface area had been identified, distributed throughout the Tuscany territory, with the addition of the two areas previously identified under decrees DM 03/06/1997 (GU 198/1997, Cappannori, Porcari, Altopascio – Province of ; ,

3

Castelfranco di Sotto – ; area of the former Lago di Bientina) and DM 12/05/1999 (GU 217/1999, Borgo San Lorenzo – Florence; area of La Ripa, Poggio al Vento and hamlet of Pagliericcio) (figure 2). The mapping and data sheets were duly validated by the responsible superintendents and the Director-General for Tuscany, and then passed to the Region of Tuscany for the completion of its relative responsibilities. Once the identification of the areas of archaeological interest has been ratified by provision of the regional government, any transformation intervention in these areas will be subject to procedures for landscape authorisation that verify the compatibility of the intervention with the use prescriptions defined in the PIT, ensure preservation of the areas’ distinctive characteristics, and as compatible, ensure enhancement of the said areas. The instruments for territorial planning are invested with the task of protecting the material form and the legibility of the archaeological remains, of respecting the relationship between archaeological heritage and the other historic elements present in the territory, of maintaining and enhancing the typical vegetation components of the overall image of the places, and finally of protecting the natural landscape context, avoiding all construction interventions in the adjoining areas.

The technical round-table met at regular intervals from January to May 2009, with participation from the regional offices of MiBAC and the offices of the Region of Tuscany. For MiBAC, General Directorate - M. Del Buono, A. Patera, F. Paolucci, S. Sarti; SBAT – Provinces of Arezzo (L. Fedeli, M. Salvini, S. Vilucchi), Florence (L. Alderighi, C.G. Cianferoni, L. Fedeli, G. Poggesi), Grosseto (B.M. Aranguren, G. Barbieri, A. Camilli, M. Cygielman, P. Gambogi, P. Rendini), Livorno (A. Camilli, S. Ducci, A.M. Esposito), Lucca (G. Ciampoltrini, E. Paribeni), Massa Carrara (E. Paribeni), Pisa (G. Ciampoltrini, S. Ducci, A.M. Esposito, E. Sorge), Prato (P. Perazzi, G. Poggesi,), Pistoia (M.V. Guerrini, P. Perazzi), Siena (G. Barbieri, C.G. Cianferoni, S. Goggioli, M. Iozzo, M. Salvini, E. Sorge, S. Vilucchi); Superintendency for Architectural, Landscape, Historic, Artistic and Ethno-anthropological Heritage (BAPSAE) - Provinces of Florence-Prato-Pistoia (G. Nannetti), Grosseto-Siena (G. Gasperoni, V. Mazzini , G. Staro), Arezzo (M. Abatucci, M. Bucci), Livorno (M. Ciafaloni, M. Ferretti); Lucca-Massa Carrara (S. Aiello, G. Borella). For the Region of Tuscany: A. Antonucci, G. Gandolfi, S. Parenti, U. Sassoli. Perimeter mapping of the two areas previously identified under DM 03/06/1997 and DM 12/05/1999 was completed by G. Ciccardi and L. Cuniglio, SBAT Technical Office.

* This text will be published in the next issue of Notiziario della Soprintendenza per i Beni Archeologici della Toscana.

April 2010

4

Fig. 1a-b: type-sheet attached to mapping

5

Fig. 1a-b: type sheet attached to mapping.

6

Fig. 2: map of the “Faltona” archaeological area, SBAT Technical Office

7