Norme figurate per la pianificazione del paesaggio: dalla pratica autorizzativa a quella regolativa

In Italy, landscape has played a significant role in planning since the beginning of the twentieth cen¬tury, also as a result of the recognition of its identity value by the Constitution (Art. 9). From the first landscape act of 1905, many things have changed. Not only has the concept of protection been accompanied with innovation (Gambino 1997), but landscape itself has dramatically switched its meaning: no longer are the only elements of aesthetic value (natural beauty) or ecological rarity confined to protection islands (environmental conservation areas), but it is the territory as a whole, including degraded or low-quality areas, what we should reread and re-qualify as life environment. In vast areas spatial planning, a growing series of landscape interpretations define today landscape as a complex context to which we should apply differentiated protection strategies, even though such approaches hardly enter the ordinary practice of territorial governance. The paper raises the issue of the low effectiveness of landscape policies in their implementation at the operational level, and proposes the introduction of a “form-based Regulation”, with legal value, to support innovations and move from a “licensing practice” to a regulatory one.