Spatial Development and Construction Act (Baugesetz, BauG) - Purpose (BauG)

1. This law aims to establish the prerequisites so that the objectives and principles of federal law and the cantonal constitution, as well as the guidelines of the cantonal and municipal authorities in the areas of spatial development, construction, and environmental protection, can be realized.

1. The canton and municipalities are required to limit spatial development measures to what is necessary for the fulfillment of their tasks. They shall only take action to the extent that it is required by the overriding interest of the canton or the municipality.

1. The authorities inform the public according to federal law about planning under this legislation and ensure that they can participate appropriately. In justified cases, the participation procedure can be conducted together with the objection procedure.

1. To the extent that this law does not contain specific provisions, the procedures and legal protections shall be governed by the provisions of the legislation on administrative justice.

2. Objections may be raised before the first-instance decision is issued. They must be submitted in writing and contain a petition and justification. Anyone who fails to raise objections, although there was cause to do so, cannot contest the issued decision. Provisions regarding the restoration in cases of unexcused default remain reserved.

3. Cantonal-wide organizations may raise objections and complaints concerning orders in the field of nature and heritage protection, decisions regarding the establishment and modification of buildings and structures for which an environmental impact assessment is required, or respective planning directives.

4. The Grand Council may determine by decree that, in certain areas, regional organizations in the field of nature and heritage protection are also authorized.

5. The competent department shall maintain a publicly accessible register of the organizations entitled to raise objections and complaints and their authorized signatories.

6. Preconditions for admissibility, which federal law establishes for the right to lodge a complaint by associations, shall apply analogously to the cantonal procedure, subject to the admission of cantonal and regional organizations.

1. The Grand Council establishes deadlines for the processing of applications and legal remedies by cantonal and municipal administrative authorities through a decree. Authorities that cannot adhere to these deadlines must provide written justification before the expiration of the deadline and specify a new deadline for completion.

2. Fees and costs may be imposed by the first instance for decisions regarding building applications and expropriations.

3. Claims for compensation for damages caused by abusively filed legal remedies are governed by federal civil law.

1. Buildings and Structures in the Context of This Law Are

a) all buildings and building-like structures, as well as all other artificially constructed objects firmly attached to the ground;

b) roads, parking lots, slopes, tracks, and similar;

c) huts, booths, barracks, kiosks, vending and other machines, display cases, and similar;

d) caravans parked on the same property for more than 2 months;

e) quarries, gravel and other pits;

f) terrain alterations exceeding 80 cm in height or of large area expansion;

g) deposits and landfills;

h) recreational and other facilities with significant impacts on the environment and surroundings.

2. ...

1. The personal designations used in this law refer to both genders.

1. The Government Council is ultimately responsible for concluding program or performance agreements in accordance with Article 18d of the Federal Act on the Protection of Nature and Heritage (NHA) dated July 1, 1966, Article 8 of the Federal Act on Water Management dated June 21, 1991, Article 49a of the Federal Act on National Highways (NHA) dated March 8, 1960, Article 50 paragraph 1 letter b of the Federal Act on Environmental Protection (Environmental Protection Act, EPA) dated October 7, 1983, and Article 61 of the Federal Act on the Protection of Waters (Water Protection Act, WPA) dated January 24, 1991, within the framework of the approved budgetary funds and commitment credits, as well as the approved objectives.

1. The canton enacts the necessary master plans. They serve the purpose of

a) preserving the overarching cantonal and regional interests in spatial development;

b) coordinating the execution of tasks impacting spatial planning by the communities.

2. To achieve these purposes, the master plans should, in particular,

a) establish, in principle, settlement, agricultural, recreational, and protected areas;

b) designate the main transportation and supply and disposal facilities.

1. The Executive Council drafts the cantonal structure plans in collaboration with the regional planning associations. It submits them to the municipalities for consultation.

2. ...

3. ...

4. The Grand Council decides on the cantonal structure plans.

5. The Executive Council ensures the necessary coordination of spatial activities based on the structure plans. It notes the needs for coordination with the spatial activities of the Confederation and neighboring cantons.

1. The Grand Council may issue cantonal land use plans insofar as cantonal or regional interests require it, particularly for the protection of landscapes, bodies of water, historical monuments, and archaeological sites, buildings or facilities, for the long-term designation of extraction areas for raw materials such as gravel or limestone, and for the construction of public works such as for transportation, supply, and disposal.

2. The Government Council is authorized to

a) Make changes of minor substantive and spatial significance to a cantonal land use plan, provided the public interests served by the land use plan remain fully safeguarded and the affected municipality consents,

b) Repeal a cantonal land use plan if the cantonal and regional interests pursued therein have been implemented in the municipal land use planning, or if the planned project specified therein has been definitively abandoned.

3. The responsible department prepares the drafts for the cantonal land use plans in collaboration with the affected institutions, regional planning associations, and municipalities.

4. ...

5. The department shall publicly lay the finalized drafts in the affected municipalities for 30 days. Anyone claiming a legitimate personal interest may raise objections within the presentation period. The Government Council shall decide on the objections based on proposals from a body not involved in the preparation of the drafts. The objection decisions shall be communicated to the Grand Council if it is responsible for issuing the land use plan.

6. Decisions of the Government Council and the Grand Council regarding the land use plans can be appealed to the administrative court within 30 days from the official publication by those affected in their legitimate personal interests. The appeal only has suspensive effect if and to the extent granted by the court.

**1. The regional planning associations develop the regional foundations for cantonal planning and ensure that municipalities coordinate their planning within the region. In doing so, they take into account the planning bases and the municipal planning of neighboring regions.**

**2. The regional planning associations can advise and support the municipalities in fulfilling their tasks. The municipalities may delegate municipal tasks to them, particularly in the areas of spatial development implementation, environmental protection, conservation of nature and heritage, development, as well as supply and disposal.**

**3. The regional planning associations are municipal associations according to the Law on Municipalities (Municipal Law) of December 19, 1978. Each municipality is a member of at least one regional planning association.**

1. The canton supports the activities of the regional planning associations through contributions. The Grand Council shall establish regulations regarding the conditions and the amount of contribution payments.

1. Municipalities may issue regional sectoral plans to regulate supra-municipal areas of spatial development and specify the measures and timeframes required for implementation therein.

2. The regional sectoral plans are adopted by the affected municipalities through the municipal council and approved by the governing council. In case of disagreement, the majority submits a request to the governing council. This council decides on the plans and submits them to the parliament for approval.

3. The regional sectoral plans are binding for the authorities.

1. Municipalities issue usage plans that are coordinated regionally.

2. Projects with significant impacts on spatial planning and the environment require a special basis in a usage plan.

2bis Municipalities must demonstrate how they will promote internal settlement development and settlement quality, and how settlement development is coordinated with the existing or planned capacities of the transportation network.

2ter They establish the necessary regulations for protection against natural hazards in the usage planning.

3. ...

4. The canton promotes the coordination of settlement and transport through measures to design traffic flow in road networks and through good public transport offerings.

1. If a municipality fails to fulfill its duty to enact or amend development plans within a reasonable period despite being prompted, the Executive Council shall make the necessary plans publicly available. The Grand Council shall decide on these plans in place of the municipality. Moreover, the provisions regarding the procedure for municipal spatial development shall apply mutatis mutandis.

1. The municipalities enact general usage plans that divide the municipal area into different usage zones and regulate the type and extent of use.

2. They may, in particular, designate

a) Building zones, specifically residential, core, commercial, industrial zones, and zones for public buildings and facilities;

b) Green zones;

c) Agricultural zones;

d) Hamlet zones;

e) Protection zones, specifically landscape, nature, and heritage protection zones, as well as zones for the protection of water bodies;

f) Material extraction and landfill zones;

g) Hazard and flood zones.

3. They implement measures to improve the residential quality for heavily burdened cantonal traffic axes and the adjoining building zones and may provide for further measures to enhance street and open spaces, ensuring that traffic flow must remain unobstructed. They may particularly stipulate a suitable arrangement of usages and an appropriate construction standard for buildings.

1. Conditional zoning and rezoning are permissible for the realization of construction projects of overriding interest if they depend on the particular suitability of the location.

2. The conditional zonings and rezonings lapse without compensation if the buildings and facilities are not completed within the stipulated period. The municipal council may require assurance of the costs for the restoration of the original condition.

3. The municipal council issues a declaratory decision regarding the lapse of the land-use plan amendment and publishes it.

1. The municipalities ensure the appropriate development and construction of specific areas as necessary through development and design plans. To the extent that land consolidation and boundary adjustments are necessary for development and construction, they are incorporated into the special use planning.

2. These instruments are used individually or in combination.

3. The municipalities may stipulate in the general use regulations that areas designated in the general use plan may only be developed if certain instruments of special use planning are utilized, or if a land consolidation or boundary adjustment has been conducted.

1. The development plan aims to determine the location and extent of development facilities and railway tracks and to designate the necessary land for this purpose.

2. Development plans may include building lines, road, level and pipeline lines, as well as sight zones.

3. Private individuals can, in collaboration with the municipality, create a draft development plan themselves.

4. The government council shall specify the components of the development plan in more detail by ordinance.

1. Land Use Plans may be enacted when a significant public interest in the development or transformation of the construction exists, specifically so that

a) an area is architecturally well-developed and harmonized with the structural and landscape surroundings as well as the housing needs of the population,

b) the land is used economically, and

c) an adequate provision of facilities for access and recreation is ensured.

2. Land Use Plans may deviate from the general usage plans if a better result in terms of settlement and landscape design is achieved, the designated land use within the zone is not excessively impaired, and there are no overriding interests opposing it. The general usage plans may exclude deviations in certain areas or specify under what conditions and to what extent deviations from the plans are permitted.

3. Private individuals may draft a proposal for a Land Use Plan themselves.

1. The municipal council submits the drafts to the competent department for preliminary examination. The government council determines which additional departments and official bodies are to be included. The Grand Council resolves by decree the deadline by which the preliminary examination must be completed.

2. The competent department, in collaboration with other cantonal official bodies, advises the municipalities on land-use planning.

3. The preliminary examination of voluntarily created design plans is subject to a fee.

1. The municipal council makes the drafts available to the public for 30 days, along with the necessary explanations and the preliminary examination report.

2. Anyone who has a legitimate personal interest may raise objections within the inspection period. The municipal council decides on the objections, usually after conducting a settlement negotiation.

3. ...

1. General usage plans are enacted by the authority responsible under the municipal organization. The decisions on objections made by the municipal council must be communicated to the responsible authority, but they do not bind it. The municipal council informs the responsible authority of the deviations it proposes from the publicly presented draft and provides justification for them.

2. The responsible authority enacts the planning either in totality or in parts. If it intends to make significant changes, it returns the affected part to the municipal council for review or revision.

3. The municipal council decides on

a) Special usage plans;

b) Insignificant changes to general usage plans, such as corrections based on official surveys and other rectifications of obvious errors, as well as adjustments to planning boundaries running inconveniently. A public presentation does not take place in these cases.

1. Appeals against the resolutions of the competent municipal bodies regarding usage plans can be lodged by those who assert a legitimate personal interest within 30 days from the official publication. The Government Council decides on appeals against general usage plans, while the competent department decides on those against special usage plans.

2. Amendments resulting from appeal decisions are binding on the approval authority. However, it is not precluded from refusing to approve the usage plans entirely or in essential parts.

1. The Executive Council approves the general land use plans, while the competent department approves the special land use plans. The Grand Council approves the general land use plans if the Executive Council does not wish to grant approval unconditionally.

2. The approval authority examines the land use plans for legality, conformity with the cantonal structure plans and regional sectoral plans, as well as for the appropriate consideration of cantonal and regional interests. It may refer them back to the municipality for modification.

3. It may make changes itself if these are of minor significance or if there is no significant discretion. The competent department consults with the municipal council and the parties affected in their legitimate personal interests beforehand.

1. The approval decisions may be appealed to the Administrative Court by those affected in their own legitimate interests and by the municipalities within 30 days from the official publication, and the court shall review them for their legality. The appeal only has a suspensive effect if and to the extent that the court grants it.

1. Property owners whose land is zoned as a construction zone provide a levy of 20% of the added value. Equated to zoning is rezoning within construction zones if the land is located in a zone prior to rezoning where building is prohibited or only allowed for public purposes.

2. Municipalities may increase the levy rate to a maximum of 30% and agree on services in administrative contracts that aim to balance other planning advantages.

3. Multiple joint and collective property owners are jointly liable.

4. No levy is charged

a) against the canton, local citizen and resident municipalities, and municipal associations if the affected area serves the fulfillment of a public task,

b) for areas subject to the compensatory levy in accordance with forest legislation.

1. The Municipal Council informs on the anticipated amount of the levy based on estimates by the cantonal tax office during the public presentation of the draft utilization plan. It issues a decree on the definitive amount as soon as the utilization plan is approved and applicable. The time of approval is decisive for determining the amount of the levy and identifying the liable persons.

2. If a land consolidation or boundary adjustment is necessary for the economical developability of the properties, the Municipal Council notes the obligation to pay the added value levy in the land register after approval. In this case, the decisive time for the estimate and determination of the liable persons is the legal effectiveness of the land consolidation or boundary adjustment plan.

3. An objection can be raised against the levy assessment decree. Decisions on objections can be appealed to the specialized administrative court.

4. The government council is summoned to the proceedings.

1. At the time of the approval of the land use plan, the municipality is entitled to a statutory lien for the value-added tax, which takes precedence over all registered encumbrances, without entry in the land register (Art. 836 para. 2 of the Swiss Civil Code [ZGB] of December 10, 1907).

2. The municipal council reports the real estate lien to the land registry for entry as soon as the assessment order becomes legally binding, and informs the canton thereof.

3. It requests the preliminary entry of the real estate lien from the President of the Division or the President of the Special Administrative Court (Art. 961 ZGB) if there are reasons to believe that the deadlines according to Art. 836 para. 2 ZGB cannot be met.

4. The costs for registration and deletion shall be borne by the municipality's value-added share.

1. The Municipal Council levies the value-added tax upon the sale of the property or when a building permit has been granted; in the case of conditional zoning, no fee shall be imposed as long as the zoning is not definitive.

2. It may defer the levy in whole or in part if the additional utilization possibilities are only marginally utilized.

3. A subsequent amendment to the zoning plan does not entitle a refund of the payment made.

1. The canton is entitled to half of the cantonal minimum rate for land rezoning and equivalent zoning changes.

2. The municipal council remits this portion immediately after it is collected.

1. The canton allocates the revenues from the value-added levy to a special financing.

2. Compensation payments by the municipalities for material expropriation during rezoning, as provided by the master plan in its version dated March 24, 2015, are charged to the cantonal special financing.

3. Furthermore, the canton and the municipalities use the revenues according to the purpose binding as per federal law.

4. The cantonal government decides conclusively on the use of the canton’s revenues, and the municipal council decides conclusively on the use of the municipality’s revenues.

1. The administrative costs of the canton in connection with the value-added levy are charged to the special financing.

2. Within the scope of paragraph 1 and § 28f paragraph 2, indebtedness of the special financing is permissible.

3. The special financing bears interest in accordance with the provisions of financial law.

1. The Government Council shall regulate by ordinance

a) what period is considered reasonable for procuring an agricultural replacement structure for self-cultivation, whose costs pursuant to Art. 5 para. 1quater of the Federal Act on Spatial Planning (Spatial Planning Act, SPA) dated June 22, 1979, may be deducted from the planning gain,

b) for which increase in value no value-added charge is owed due to the unfavorable ratio to the collection effort (Art. 5 para. 1quinquies SPA),

c) the details regarding the use of the proceeds from the value-added charge,

d) the conditions for a deferment of the levy collection.

1. In the event of a rezoning, the municipal council shall set a deadline for the development of the property, which is coordinated with the development program.

2. For a property that has already been zoned, the municipal council may set a deadline for the development if it is justified by public interest. Properties that are expected to be needed within 15 years for the operational needs of a business are exempt.

3. The municipal council shall extend the deadline if compliance is significantly impeded by legal proceedings or other circumstances for which the obligated party is not responsible.

1. The municipal council issues a warning to the obligated person before the expiration of the deadline.

2. After the deadline has passed without compliance, and in the case of continued violation of the building obligation, it levies a steering tax of 2% of the tax-determined property's transaction value each subsequent year.

3. It uses the revenues in accordance with the regulations on the earmarking of proceeds from the added value tax.

1. While the enactment or amendment of zoning plans is being prepared, planning zones can be enacted for specifically designated areas to prevent measures that would hinder the fulfillment of the purposes of these plans. The cantonal and communal government council is responsible for cantonal and communal zoning plans, while the municipal council is responsible for municipal zoning plans.

2. Planning zones become effective with the public disclosure and remain in effect until the zoning plans, whose purpose they secure, come into force, but for no longer than 5 years. Permits for buildings and installations in the planning zone may only be granted if it is certain that they will not impede the realization of the new plans. The permits require the approval of the authority that enacted the planning zone.

3. An objection against the establishment of planning zones can be filed within the disclosure period of 30 days with the authority that issued the order. Decisions on objections by the government council can be appealed to the administrative court, while those by the municipal council can be referred to the competent department. Objections and appeals do not have a suspensive effect.

1. During the preparation of the enactment or amendment of usage regulations, the competent authority may defer applications for the approval of buildings and facilities in areas affected by the new plans for a maximum duration of 2 years. Approvals for buildings and facilities may only be granted if it is certain that they will not impede the realization of the new plans.

1. The municipalities must adapt the general land use plan within a period of five years if it violates the master plan. Deviations are permissible if they are objectively justified and of a subordinate nature.

2. The executive council may extend the period.

3. The municipal council shall establish a planning zone or impose a construction freeze if a construction project violates the master plan and the land use plan requires adjustment.

1. The duration for which a building application may be deferred, together with the duration of a planning zone designated for the same area, must not exceed 5 years.

1. Structures and facilities may only be constructed on plots ready for development. A plot is considered ready for development if it is

a) suitable for construction based on its location, shape, and condition, and

b) * developed, meaning it has or will have with the structure or facility an access road or entrance sufficient for its intended use, and the necessary facilities for drinking water, fire-fighting water, energy supply, and proper sewage disposal.

2. Structures and facilities with intense public or customer traffic must be accessible via public transportation in accordance with their purpose. For intense goods traffic, a railway connection may be required.

3. If a project burdens the road network to such an extent that the zone-compliant use of undeveloped areas can no longer be guaranteed, the building permit may not be granted. However, it must be granted if the necessary expansion of the cantonal transport network has been authoritatively determined and the sufficient connection to it as well as the municipal development are secured by property rights.

1. Municipalities are obliged to develop construction zones in a timely manner or to have them developed at the request of property owners willing to develop. The development should generally take place within the framework of special use plans to ensure that the land is used in an environmentally friendly, land-saving, and economically efficient manner.

2. The municipal council shall prepare a development program in which it determines which areas are to be developed at what time and which existing development facilities are to be modified or renewed. In doing so, it particularly takes into account the structural development and its impact on the municipality, the demand for building land, the location and shape of the properties, as well as the financial capabilities of the municipality. The municipal assembly or the residents' council is informed of the development program. The decision-making regarding the individual credits for the construction and renewal of the development facilities remains reserved.

3. If a municipality fails to meet its development obligations despite being prompted, the government council may instruct the competent department to lay out the necessary plans. The government council makes the decision on behalf of the municipality. It may assign the construction of the development facilities at the expense of the municipality to the competent department, the municipal council, or a private entity. Otherwise, the provisions on the procedure for municipal spatial development and the contributions of property owners apply mutatis mutandis.

1. Municipalities are required under federal law to levy contributions from property owners towards the costs of the construction and modification of roads.

1bis. They can demand contributions from them towards the costs of special use plans.

1ter. They can agree with property owners to pay one-time contributions for infrastructure facilities caused by the owners and special services of public transport, insofar as these are necessary for adequate access.

2. Municipalities and municipal associations can levy contributions from property owners towards the costs of the construction, modification, and renewal of facilities for water and energy supply as well as wastewater disposal. To the extent that these costs are not covered, and for operation, they are obligated to levy fees. No investment-dependent fees may be levied for remediation measures that improve energy efficiency or the use of renewable energies.

2bis. Contributions and fees are levied from property owners according to the measure of economic special benefits.

3. The levying of contributions and fees is regulated by municipalities and municipal associations, unless there are cantonal regulations.

4. The Grand Council can issue clarifying and supplementary regulations on contributions and fees; it may, in particular, set minimum rates.

5. For property owner contributions, a statutory lien exists on the properties, which benefit from the construction, modification, or renewal of access facilities, without entry in the land register, that takes precedence over all registered encumbrances. The statutory lien expires if it is not entered into the land register within 2 years after the completion of the entire access work.

1. The municipal council, or in the case of municipal associations, the board, determines the contributors and their respective contributions to the coarse and fine development in a contribution plan. This plan is made publicly accessible for 30 days. In proceedings that concern only a few property owners, the public display may be replaced either by a limited display for the concerned parties or by individual notifications with delivery of the cost allocation.

2. Objections to the contribution plan can be raised during the public display period, and against other tax decisions within 30 days from delivery, to the issuing authority. Decisions on objections can be contested with an appeal to the special administrative court.

3. ...

4. The municipal council, or in the case of municipal associations, the board, may grant payment relief in cases of hardship. Contributions for undeveloped parts of properties subject to agricultural land law within building zones are deferred.

1. If a corresponding special usage plan exists, the municipal council may construct access facilities prior to the approval of the corresponding credits by the competent authority, provided that the property owners advance all costs interest-free.

1. Landowners may construct the planned infrastructure facilities at their own expense with the approval of the Municipal Council within the framework of an appropriate special utilization plan. The approval must be granted if the infrastructure facilities meet the requirements for public facilities and there are no overriding interests to the contrary.

2. The municipality generally assumes the infrastructure facilities at the latest by the time when they should have been constructed according to the development program. The Municipal Council allocates the costs incurred at the time of construction to the landowners in a contribution plan.

3. The Municipal Council is authorized to regulate the details of the implementation and financing of the development through a public law contract with the landowners.

1. Owners of land situated within the catchment area of development facilities constructed by other landowners are entitled to shared use. The municipal council decides on the specifics of the entitlement to shared use.

2. Upon request by the landowners, the special administrative court determines the amount of the provisional cost contribution until the development facilities are taken over by the municipality.

1. The preservation, care, and development of landscapes, areas, and objects of nature and heritage protection, as well as local images and viewpoints, are the responsibility of the Canton and the municipalities. They specifically implement measures for these protected objects to

a) preserve indigenous plant and animal species, conserve their habitats, promote them, and create new ones where necessary;

b) enable the natural landscape management and ecological balance, taking into account regional conditions and the interests of agricultural use;

c) support soil uses suitable for preserving endangered habitats for animals and plants;

d) protect near-natural landscapes from new impairments and reduce existing ones;

e) preserve or restore the scenic and biologically significant floodplain areas of the Canton;

f) preserve local images according to their significance and design settlements so that a good overall effect is achieved.

2. The following habitats in particular are to be protected

a) near-natural flowing or still waters, including small bodies of water, springs, tuff stone areas, shores and their vegetation, reed beds, and reed zones, as well as moist meadows and pastures, moors and moor meadows;

b) dry sites and dry meadows, field and shore woods, hedges, and shrub groups;

c) rare forest communities and other particularly valuable forest components.

3. To fulfill these tasks, the Canton and municipalities take the necessary measures, specifically by

a) designating protection zones;

b) issuing regulations or orders regarding the protection, design, and maintenance of protected objects;

c) entering into agreements on management and preservation;

d) assuming the costs of protection, design, and maintenance of protected objects in whole or in part.

4. The Canton ensures the long-term monitoring of the development of plant and animal life.

5. The Canton and municipalities bear the costs of their protection and management measures. The Grand Council determines the appropriate distribution between the Canton and the municipalities.

6. The Grand Council regulates the details by decree.

1. The developers provide an ecological compensation for constructions and facilities with significant environmental impacts. Compensation is particularly required for infrastructure facilities, culverting, recreational facilities in non-building zones, material extraction sites, and agricultural relocations.

2. The size of the compensation area corresponds to a maximum of 15% of the area altered by the construction project. In the case of material extraction sites, the ecological compensation can be provided during the extraction process.

3. Municipalities may introduce dedicated substitute fees. Decisions regarding substitute fees can be appealed before the specialized administrative court.

1. The Preservation and Maintenance of Cultural Assets (Historical Monuments, Movable Cultural Goods, and Archaeological Remains) are governed by the provisions of the Cultural Act (CA) dated March 31, 2009. The provisions concerning spatial development and expropriation are reserved.

1. The Grand Council issues regulations on the extraction of materials such as gravel, sand, stones, soil, and similar substances, to the extent necessary for the protection of nature, landscape, and cultural land. In particular, it may require the obligation for joint extraction in the same area.

1. Buildings must be integrated into the surroundings concerning the size, design, and surface of the building structure as well as its exterior space, so as to create a good overall effect.

2. Buildings and installations, signage, paintings, antennas, and advertisements must not impair landscapes, as well as local, neighborhood, and street scenes.

1. It is prohibited to store or leave disused vehicles, trailers, agricultural machinery, and similar equipment outdoors for more than three months.

2. The owner or possessor is obliged to deliver disused vehicles and their components to an approved collection site.

3. The authorization for the establishment and operation of collection and demolition sites for disused vehicles and similar objects requires the approval of the competent department, which shall only be granted if there is a need for a new collection and demolition site.

4. The permit holder is obliged to accept all disused vehicles brought to the collection site. To cover the disposal costs, the government council may set fees according to the requirements.

1. The building permit for a structure or installation outside of designated building zones may be granted with the condition that it must be removed after a certain period has elapsed, or if the original intended use ceases, provided that no legally binding building permit for a new use is in place by that time.

2. The building permit authority may require the securing of funds for the removal costs when granting a building permit with a removal condition. Agricultural settlements are exempted from this requirement.

1. Municipalities may permit constructions, facilities, and uses in hamlet zones that are also allowed in agricultural zones or that are in the interest of preserving and moderately developing traditional small settlements outside of building zones.

1. Municipalities shall particularly promote compact construction methods, the filling of vacant lots, and the full utilization of existing buildings.

1. Municipalities prescribe boundary and building setbacks.

2. Unless municipalities specify otherwise, setbacks may be distributed unevenly, reduced, or eliminated.

3. The modification of setbacks requires a publicly notarized easement agreement; this must be submitted to the municipal council before the start of construction. For minor and auxiliary structures, a written agreement is sufficient.

1. The forest distance, measured from the forest boundary, is at least

a) * 4 meters for

1. * small structures, enclosures, garden and outdoor design installations, and the like, if they require more than just a minimal foundation,

2. * terrain alterations and retaining walls up to 80 cm in height,

3. * sealed areas and roads,

b) * 8 meters for

1. * small and annexed structures, underground and below-grade constructions, swimming pools, and material extraction sites,

2. * terrain alterations and retaining walls over 80 cm up to 1.80 meters in height,

c) * 18 meters for larger structures and installations.

2. The competent department can grant approval for an exception to the distancing requirement for roads, retaining walls, and terrain alterations directly based on the forest law provisions.

3. The land use plans may envisage larger distances, or within construction zones, smaller distances in relation to individual forest parcels.

4. In areas where structures and installations already fall short of the legal forest distance, the municipal council may, with the approval of the competent department, exceptionally permit the reduction of the forest distance. In weighing interests, especially settlement and open space quality must be considered.

1. Municipalities determine the permissible height of buildings or the number of floors.

1. Municipalities may establish the permissible ratio of usable areas or volumes of buildings to the parcel areas. If they stipulate such utilization figures, they must be higher for comprehensive development projects than for other construction methods. Comprehensive development projects must offer an overall better solution.

2. Attic and basement spaces may be used in buildings existing at the time this law comes into effect, even if it results in exceeding the utilization figure. In doing so, other building regulations, particularly concerning residential hygiene and local image protection, must be observed.

3. Municipalities may prescribe that only buildings and facilities that correspond to the type and extent of use appropriate to the zone purpose are permitted in certain utilization zones.

4. The governing council establishes a utilization bonus for buildings that achieve a higher energy standard than required by law.

1. The Executive Council defines the construction terms and measurement methods.

1. The Executive Council may establish shorter distances for subordinate buildings, structures, and building components than those required by building lines and distance regulations.

2. It determines deviations from building regulations in the case of energy renovations of buildings and structures.

1. All buildings and structures must have the necessary strength for their purpose in terms of foundation, construction, and materials, be sufficiently secure against earthquakes, flooding, and other natural hazards, and comply with fire safety regulations. They must be designed and maintained in such a way that they do not endanger their users or those on adjacent properties and streets.

2. All buildings must meet the requirements of health protection, particularly regarding room sizes, apartment sizes, window sizes, sunlight exposure, lighting, ventilation, dryness, thermal insulation, and sound insulation.

3. The government council may issue regulations concerning residential hygiene and technical building codes, particularly regarding rational, environmentally friendly, and energy-efficient construction. It regulates the details of the requirements for buildings concerning safety against natural hazards.

1. Publicly accessible buildings and facilities, buildings and facilities with more than 50 workplaces, as well as multi-family houses that are newly constructed or renovated, must be designed to be accessible and usable for people with disabilities. This obligation is waived if the expected benefit for disabled persons is disproportionate, particularly in relation to the economic cost, interests of environmental protection, conservation of nature and heritage, or concerns of traffic and operational safety.

2. The Council of State shall issue regulations on building in a manner accessible to the disabled.

1. In multi-family houses, child-friendly playgrounds must be set up in suitable locations.

2. In larger overall developments with multi-family houses, sufficient community rooms for leisure activities must be created.

1. The municipality may align traffic volumes in a Municipal Comprehensive Traffic Plan with traffic capacities and settlement development. It is adopted by the municipal council, approved by the relevant department, and is binding on authorities.

2. A Municipal Comprehensive Traffic Plan is required if a parking guidance system is to be introduced, the number of parking spaces in an area is to be limited beyond § 56, or the management of parking spaces on private land is to be mandated. Limitation and management are implemented in a utilization plan.

3. In the interest of inter-municipal coordination and to ensure the functionality of the cantonal road network, the governing council can require the municipal council to issue a Municipal Comprehensive Traffic Plan coordinated with central and neighboring municipalities.

4. The canton supports the development of the Municipal Comprehensive Traffic Plan through contributions. The Grand Council determines the conditions and amount of contributions by decree.

1. Municipalities that implement a parking guidance system can require the owners of publicly accessible parking facilities, through the procedure set out in § 95, to provide data on occupancy rates and to reasonably contribute to the costs.

2. Appeals can be made against the municipal council's decisions on cost contributions, followed by an appeal to the specialized administrative court.

1. When constructing and significantly altering, expanding, or changing the purpose of buildings and facilities, sufficient parking spaces for the vehicles of users and visitors as well as the necessary traffic areas for delivery services must be created. The parking spaces must be located on private property at a useful distance from the property they are intended to serve and must be able to be used permanently for this purpose.

2. Owners of existing buildings and facilities whose use results in excessive strain on public parking spaces or streets may similarly be required to create parking spaces and traffic areas.

3. The municipal council may fully or partially exempt from this obligation if

a) important public interests, particularly the protection of the local image or traffic safety, oppose it, or

b) the effort involved in creating the parking spaces would be unreasonable.

4. The zoning plan may fully or partially exempt certain areas from this obligation or prohibit the creation of parking spaces altogether,

a) if the road network is unable to handle the additional traffic caused by the creation of parking spaces,

b) to protect against the impacts of traffic, particularly in the centers of large municipalities or heavily burdened areas,

c) to establish conditions for car-light or car-free living in neighborhoods with good access to public transportation.

1. Parking and traffic areas must be designed in such a way that they can accommodate the vehicles of users and visitors and manage deliveries. In doing so, consideration must be given to the size of buildings and facilities, the type of their use, access by public transportation and slow-moving traffic, as well as the possibilities of using other parking areas.

2. Parking facilities must be designed to conserve space.

3. Larger parking facilities that are newly built or significantly expanded must be constructed in a multi-story manner, within the limits of proportionality; the number of parking spaces may moderately exceed the number stipulated by regulation, provided that no additional land is used.

4. The obligation to build in a multi-story manner does not apply particularly

a) to areas that serve purposes other than parking in addition,

b) to reserved areas for operational expansions, provided it is ensured that in the case of later construction, the regulations can be subsequently met,

c) to underground parking facilities,

d) when spatial planning interests require it.

5. The government council regulates the number of parking spaces, construction method, and technical design of parking facilities and traffic areas, as well as exceptions. In individual cases, the number and design are determined by the municipal council.

1. The parking spaces and traffic areas created in accordance with statutory obligations must be maintained for their intended purpose.

2. The municipal council may lift the intended use in individual cases if there is no longer any need for parking spaces and traffic areas or if grounds for exemption from the obligation to create parking spaces arise.

1. An entity that creates fewer parking spaces than required by regulation must pay a substitute charge to the municipality.

2. The obligation to pay the charge is waived if the creation of parking spaces is prohibited and there are no public parking facilities within a useful distance from the property.

3. Municipalities determine the amount of the substitute charge by regulation. The substitute charge must not exceed a quarter of the cost of an open parking space, including the value of the land occupied.

4. Substitute charges are to be used

a) for the creation of public parking facilities, or

b) for facilities of public transport or non-motorized private transport that serve the obligated property owners.

1. All constructions and facilities, as well as their significant alteration, expansion, or change of use in view of spatial development, environmental protection, or building regulations, and the demolition of buildings, require approval by the municipal council. This is subject to differing jurisdictional regulations under federal law and the provisions of this Act concerning the construction of public roads and waterworks.

2. The municipalities may extend the approval requirement for certain protection zones.

1. Prior to the commencement of construction work, a building application must be submitted to the municipal council.

2. The municipal council publishes the building application and makes it publicly available for 30 days. Objections must be raised within the publication period.

3. Before the publication of the building application, profiles must be set up.

1. The municipal council may approve construction projects of minor importance without conditions, publication, and profiling. Direct neighbors must be given the opportunity to raise objections within 30 days, unless they have provided written consent to the construction project in advance.

1. Buildings and installations that must be reported to the municipal council may be executed if the authority raises no objections within 30 days of receiving the report.

1. The municipal council may be requested to make a preliminary decision on important construction and usage matters.

2. The preliminary decision shall be made in the same procedure as the decision on the building application.

**1. The Municipal Council is required to submit applications to the competent cantonal department for review before making a decision and may only approve them with the department's consent if they pertain to:**

a) The extraction of materials such as gravel, sand, stones, soil, and similar substances;

b) Buildings and facilities that may significantly affect traffic conditions on cantonal or national roads or that are located within the area of planned cantonal roads;

c) Buildings and facilities that do not comply with building lines or legal distance from forests, cantonal roads, or national roads, or that encroach on water spaces;

d) Buildings and facilities on existing or planned lines of secondary railways;

e) Buildings and facilities outside construction zones;

f) Buildings and facilities that, due to reasons of nature, landscape, or local image protection, are subject to a cantonal review by decree of the Grand Council;

g) Other buildings and facilities, provided that this or another law requires the canton’s approval.

1. Applications for permits and approvals from cantonal or federal authorities must also be submitted to the municipal council. Deviating provisions of federal law remain reserved.

2. If the municipal council concludes that the application cannot be approved from the outset, it rejects the application. Otherwise, it forwards the application with its opinion to the coordination office designated by the government council.

3. If the cantonal coordination office concludes that the application cannot be approved from the outset, it rejects the application. Otherwise, it ensures coordination among the responsible cantonal and federal authorities.

4. The cantonal and municipal permitting authorities are bound by their statements, as long as the conditions for assessment do not change.

5. If a permit or approval from cantonal or federal authorities is required for a structure or facility, the municipal council may only approve the construction application if this permit or approval is provided. The municipal council generally announces its decision concurrently and jointly with the decisions of the cantonal and federal authorities.

1. Duration of Validity of Construction Permit and Preliminary Decision is 2 years, calculated from the finality of the decision. For material extraction, it is 5 years; it may be extended by another 5 years in justified cases.

1bis. The Municipal Council shall revoke a construction permit in whole or in part if the construction work has been interrupted for more than 2 years or is not being continued in a serious manner. It shall order the restoration of the previous condition to the extent that the executed constructions and facilities are not eligible for approval, or if the builder, upon request, does not submit a new construction application for continuation.

2. During an appeal process, the appeal authority may approve the commencement of construction in whole or in part, provided that its decision-making freedom is not impaired.

1. The government council shall regulate by ordinance the details of coordination and the construction permit procedure.

1. The municipal council may permit exceptions to municipal zoning plans when approving buildings and facilities, by reasonably weighing the involved private interests, if

a) it is in line with the public welfare as well as the intent and purpose of the legal provisions, and

b) extraordinary circumstances exist or the application of the plans would be excessively harsh.

2. Under the same conditions, the municipal council may, with the consent of the relevant department, allow exceptions to cantonal zoning plans.

3. The exceptional approval of buildings and facilities in front of a construction line or with lesser than the prescribed distances may particularly be subject to the condition that the owners remove or relocate the building or facility at their own expense and without any claim to compensation, if the construction or expansion of a public project requires it.

1. For subordinate buildings and structures such as small and annex constructions, an eased exceptional permit concerning distances from roads or building lines may be granted, provided that no overriding, current public interest stands in opposition.

2. Buildings and structures authorized based on this provision must be removed or relocated at the owner's initial request and at their own cost and without compensation when the prevailing interests of a public work require it. This must be stipulated as a condition in the building permit.

3. The granting of eased exceptional permits for buildings and structures on cantonal roads requires the consent of the competent department.

1. Lawfully Constructed Buildings and Facilities That Contradict Applicable Plans or Regulations May Be

a) maintained and modernized. The usage regulations may restrict or prohibit modern renovation for certain protection zones;

b) appropriately expanded, remodeled, or repurposed, provided that their illegality is not significantly increased thereby and no specific usage regulations stand in opposition;

c) rebuilt in the event of destruction by fire or other disasters, provided there is an ongoing interest in their use and no predominant concerns of spatial development oppose it. The reconstruction must correspond to the destroyed building or facility in terms of type, extent, and location. Modifications are possible if they result in an improvement of the previous condition.

1. Non-agricultural residential uses in agricultural residential buildings are permitted under federal law.

2. Protected structures and facilities located outside of designated building zones may be altered within the limits of federal law.

1. Land consolidation involves the merging and redistribution of plots of land. Its objectives are to

a) enable or facilitate land use planning and its execution;

b) form plots suitable for the intended use;

c) set aside land required for the needs of the consolidation area, particularly for development infrastructure;

d) allocate land for public works or projects in the public interest, insofar as an allocation entitlement exists either due to the contribution of land by the community or due to the expropriation ordered for the project;

e) facilitate efficient agricultural management and implement ecological measures to enhance the landscape.

2. Boundary adjustment aims to establish new property boundaries through land exchange.

3. ...

1. The Land Redistribution Procedure is initiated

a) by a resolution of the majority of the involved landowners who own more than half of the land to be included in the redistribution, or by a resolution of the owners of at least two-thirds of this land;

b) by order of the municipal council;

c) by order of the competent department.

2. The boundary adjustment is ordered by the municipal council upon the application of a landowner or ex officio.

1. The involved landowners, the municipal council, or the competent department shall either conduct the land consolidation themselves or entrust it to an execution commission.

2. Boundary adjustments shall be conducted by the municipal council.

3. The executing body shall arrange for the annotation of the land consolidation, and if necessary, also of the boundary adjustment, in the land register.

1. Following the initiation of the proceedings, any actual changes to the involved properties require the consent of the executing authority.

2. The land registry office shall report legal changes to the municipal council for the attention of the executing authority.

1. The area remaining after deductions for the needs of the reallocation area and for public or publicly beneficial works shall be distributed among the participating landowners. Each share shall correspond to the ratio of the inserted part to the whole and shall be approximately equivalent, taking into account all advantages and disadvantages associated with the old and new property status.

2. The executing body shall regulate property rights, easements, and land charges in collaboration with the land registry office.

1. Minor surpluses and deficits in allocations, as well as particular advantages and disadvantages of individual allocations, are to be compensated with money.

2. Full compensation must be provided in place of land allocation when the claim for the allocation of an area usable according to the zone is insufficient, and a practical allocation of collective or joint ownership is not desired or possible.

3. Monetary compensations and indemnities are determined in connection with the land consolidation or boundary adjustment plan.

1. Objections may be filed with the executing authority during the period of 30 days or within 30 days from delivery, in

a) Land consolidation procedures against

1. the decision to initiate the procedure

2. the procedural bases and any assessments

3. the new allocation together with compensations

4. the cost distribution;

b) Boundary correction procedures against

1. the order issued by the municipal council

2. the correction plan.

2. Decisions on objections may be appealed to the specialized administrative court.

1. The costs of the proceedings shall be imposed on the parties in accordance with the advantages and disadvantages incurred by them. The executing authority may determine advance payments.

2. A statutory lien exists in favor of the company for the cost shares without registration in the land register, which takes precedence over all registered encumbrances.

3. The canton and municipalities may contribute to the extent that they have an interest in the implementation of the proceedings.

**1. Public Roads**

Public roads are all roads, paths, and squares that are open to public use, including their components. Roads that are owned by private individuals or corporations are also considered public roads if they have been made accessible for public use with the owners' consent or through expropriation.

**2. Components of Public Roads**

Components of public roads include all structures, facilities, and installations that serve the purpose of technically and traffic-efficiently, as well as environmentally-friendly, shaping. This includes

a) facilities necessary for traffic safety and the protection of pedestrians and cyclists;

b) buildings and facilities required for maintenance and operation, such as maintenance depots or silos;

c) traffic control installations and vehicle restraint systems (guardrails);

d) facilities for the separation of private and public traffic and bus stops;

e) public facilities for noise protection;

f) facilities for integrating into the landscape and for the urban planning design of the road space;

g) facilities on the road area necessary for the crossing of wildlife in wildlife corridors.

1. Ownership by the canton pertains to cantonal roads, and ownership by the municipalities pertains to municipal roads. Special legal relationships are reserved.

2. Ownership of a road generally extends to all of its components, but not to buildings and facilities that serve a permitted use on the road. The lighting installations of cantonal roads within municipalities are owned by the municipalities.

3. The government council regulates ownership of bridges that serve both the cantonal and municipal road networks, and of overpasses of cantonal and municipal roads on a case-by-case basis according to the interests involved.

1. Cantonal roads serve to connect parts of the canton with each other, with other cantons, and with foreign countries.

1. Municipal roads are intended for traffic within the municipalities or for connecting to cantonal roads.

2. Footpaths and bicycle paths are considered municipal roads if they are not components of cantonal roads or private roads accessible for public use.

1. The responsibility for construction lies

a) * with the canton for cantonal roads, cantonal cycling routes, and hiking trails;

b) * with the municipalities for municipal roads, for cycling paths, insofar as these are not part of the cantonal cycling route network, and for pedestrian paths.

2. The regulations concerning access apply to private roads.

2. Municipalities shall bear the costs of the construction, renovation, and modification of their roads.

4. The costs of the construction, renovation, and modification of private roads shall be borne by the owners. The Canton and municipalities shall contribute to the construction, renovation, and modification of private roads accessible for public use, in accordance with the degree of public interest.

1. If a municipal road significantly serves the traffic needs of another municipality, that municipality can be called upon to make appropriate contributions to the construction, renewal, and modification. The determining factor for the amount of the contribution is the benefits accruing to the municipality liable to contribute.

2. The municipality liable to contribute shall be given the opportunity to comment on the project and the costs before construction begins. In case of disagreements between the municipalities, the governmental council shall decide.

1. The costs of constructing new intersections, connections, overpasses, and underpasses are associated with those of the newly added road. Each party responsible for road construction must contribute to the costs of altering such road components according to their respective interests.

2. The costs of new driveways and access roads, as well as their expansion and the subsequent adaptation of roads or road components, shall be borne by the responsible parties.

1. Streets, roads, and squares are to be constructed, modified, and renewed in accordance with their intended purpose and with the aim of minimizing land use. In doing so, the impacts on residents, nature, landscape, and the local appearance, as well as economic considerations, must be taken into account.

2. On streets primarily intended for access, motor vehicle, cyclist, and pedestrian traffic should generally be mixed. Priority must be given to the safety of pedestrians and cyclists.

3. On streets that serve to collect traffic and create interregional connections, pedestrian traffic should generally be separated, and other forms of traffic should be separated as far as possible. The operation of public transport is to be promoted.

4. The government council may further specify, by regulation, the characteristics of streets, roads, and squares.

2. For the planning designation of municipal roads and private roads accessible for public use, the regulations concerning special use planning apply.

1. Construction projects define the alignment, cross-section, and characteristics of roads and their components. They may also establish visibility zones and lateral access and exit restrictions in the interest of traffic safety.

1bis. For road construction projects in non-building zones that significantly impact the landscape, ecological compensatory measures amounting to 3% of the construction costs must be provided.

2. The construction projects shall be publicly laid out in the municipalities for 30 days. Notification of the public display must be made in writing to the owners of properties adjoining the road. Changes caused by road construction must be marked on the site.

3. Objections to the construction projects must be submitted within the public display period. They are permissible only if they could not have been raised against a zoning plan.

4. The government council decides on the objections and the revised road construction projects of the canton, while the municipal council decides on those of the municipality. Decisions of the municipal council may be appealed to the government council. Appeals against the decisions of the government council can be made to the administrative court.

1. If additional permits and approvals from cantonal or federal authorities are required for the construction of public roads, the provisions regarding coordination in building applications shall apply accordingly.

### 1. Public Roads

1. Public roads must be maintained and operated in such a manner that traffic safety is ensured. Maintenance and operation should be as environmentally friendly and economical as possible.

2. Maintenance includes structural measures for the preservation of the roads.

3. Operation particularly includes cleaning, landscaping, winter services, and restoration after extraordinary events. This also includes lighting, minor repairs, signage, and marking, insofar as these are not carried out in connection with construction or maintenance.

1. In the event of snowfall and icy conditions, essential public roads shall be cleared of snow, protected against snowdrifts, and maintained for use through ice control, insofar as it is technically possible, economically feasible, and environmentally responsible.

2. Where public interest does not require keeping a road open, winter maintenance services may be dispensed with.

1. Maintenance and operation of municipal roads and private roads accessible for public use are the responsibility of the road owners.

2. The municipalities are responsible for the lighting on the inner-town sections of cantonal roads.

3. ...

4. The municipalities provide contributions for the maintenance and operation of private roads accessible for public use, in accordance with the public interest.

1. The Executive Council regulates the details by ordinance.

1. Under the supervision of the Government Council, the following are executed

a) * the administration of cantonal roads by the competent department, which can delegate individual tasks to the municipal council;

b) the administration of municipal roads by the municipal council.

2. Special competencies for traffic regulations, signals, and markings, as well as the municipal council's authority to name the streets, remain reserved.

3. The road administration authorities are responsible for ensuring that all public roads are maintained in a condition that allows their intended use.

1. Public roads may be used by anyone free of charge and without special permission, within the scope of their intended purpose, their design, local conditions, and applicable regulations.

2. General use may be subject to generally binding restrictions, particularly to ensure safety, safeguard the exercise of fundamental rights, and enforce environmental protection regulations.

1. Any use of a public road exceeding the common use is permissible only with a permit and upon payment of a fee.

2. The granting of a permit requires that there is a significant need that cannot be met by other means or only at disproportionate costs, and that neither the road nor the traffic will suffer serious disadvantages.

3. The municipality may require a permit and declare it subject to fees for the permanent parking of vehicles on public grounds. Furthermore, it is authorized to set fees for temporary parking.

1. Permission may be granted for the use of a public road beyond the common use.

2. Unless otherwise regulated, permission for use is granted

a) for cantonal roads by the competent department;

b) for municipal roads by the municipal council;

c) for private roads accessible for common use by their owners with the approval of the municipal council.

1. Legal Relationships Concerning Permanent, Fixed Structures and Facilities on Road Areas are Regulated by Granting.

2. The Granting is for a Specified Period and Can Be Revoked Without Compensation Before Its Expiry Only for Reasons Stated in the Document.

3. Responsible for Granting

a) * ...

b) the Appropriate Department, if Cantonal Roads alone or together with Municipal Roads are Affected by the Use;

c) the Municipal Council, if Exclusively Municipal Roads are Affected by the Use;

d) the Owners with the Consent of the Municipal Council, if Privately Owned Roads Accessible for Public Use are Affected by the Use.

**1. The constructions and installations required for the exercise of a use subject to approval are owned by the entitled party. They must be designed, maintained, and adapted to new conditions in accordance with existing regulations when changes to the road occur.**

**2. If the existence of the construction or installation necessary for the exercise of a use subject to approval results in additional costs for the road owner, these costs shall be borne by the entitled party. The entitled party is also liable for any damage caused.**

**3. To prevent accidents, necessary measures such as signage and lighting must be taken at the expense of the entitled party.**

1. Anyone who excessively dirties a public road and does not immediately clean it must bear the costs of cleaning.

2. If a road is damaged, the person responsible must reimburse the costs of repair.

1. In the event of traffic interruptions on public roads, traffic may be diverted to other roads.

2. The owner of a disrupted road shall compensate the owners of roads affected by the diversion for any damage incurred. In case of dispute, the special administrative court shall decide.

1. During the construction, maintenance, and use of public roads, the interests of adjacent property owners must be taken into consideration.

2. Adjacent property owners may not impair public roads and the traffic on them through buildings, installations, enclosures, trees, shrubs, and other objects, nor through the direction of water or other measures. The government council may further specify the prohibited activities, installations, and conditions in a regulation.

3. The canton provides contributions towards the investment of adjacent property owners for residential and commercial buildings on heavily trafficked routes, if the investments lead to savings in the legally prescribed noise remediation. The Grand Council determines the conditions and amount of the contributions by decree.

1. Adjoining property owners must tolerate the following interferences

a) Measures related to road construction and maintenance, if such cannot otherwise be carried out without disproportionate effort;

b) Effects necessarily associated with the use of roads, permitted under federal law;

c) Measures taken to avert imminent dangers;

d) The installation of road components for traffic management and safety, and for water drainage, particularly traffic signals, road signs, lighting systems, surveying marks, and pipelines.

2. Where there is no road drainage, the adjoining properties must accept the water from the public roads.

3. To ensure traffic safety, the competent department for cantonal roads, and the municipal council for municipal roads, may order, within the area of junctions and intersections, that adjoining properties must be kept free of structures, installations, plants, fences, and other obstructions that impede visibility.

4. The obligation to compensate for damage caused by these interferences is governed by the provisions on expropriation.

1. The distances measured from the street boundary are as follows

a) for buildings and structures, the distance from cantonal roads is 6 m, and from municipal roads is 4 m; municipalities may establish different distances for retaining walls, embankments, and parking areas adjacent to municipal roads,

b) * ...

c) * for fences up to 80 cm in height, the distance from cantonal roads is 1 m; from municipal roads, it is 60 cm, unless municipalities specify otherwise,

d) * for fences more than 80 cm up to 1.80 m in height and for individual trees, the distance from cantonal roads is 2 m; from municipal roads, it is 60 cm, unless municipalities specify otherwise.

1bis. The distances applicable to municipal roads also apply to private roads in public use.

2. Special usage plans, cantonal usage plans, as well as sight zones, can increase the distances or, notably for the protection of townscapes, reduce or eliminate them.

3. On request by the landowners, street owners are required to take over the maintenance of the strips of land between fences and street boundaries.

4. The prescribed distances for individual trees from cantonal roads are reduced by 1 m and the distance for fences is waived where there are pedestrian and bicycle paths alongside the roadway.

1. If traffic safety requires it, the owner of the road, or in the case of private roads open to public use, the municipal council, can demand that existing buildings, installations, enclosures, trees, and other plants that conflict with the building lines and visual zones or the regulations concerning distances and the prohibition of interference be removed or adjusted within a reasonable period.

2. Furthermore, the provisions concerning the guarantee of vested rights shall apply.

**1. Accesses, Driveways, Connections, and Egresses of All Kinds onto Public Roads, Their Expansion and Intensified Use Require the Permission of the Road Owners; for Private Roads Accessible to Public Use, Also that of the Municipal Council. There is No Right to Direct Access and Egress to and from a Public Road. Permits are to be Denied if Traffic Safety Would be Significantly Disrupted.**

2. If access or approach to the public road area is withdrawn to a property by appropriate prohibition or by alteration of a public road to the previous extent, the owner is entitled to compensation unless the permanent use of another path is made possible free of charge.

1. Any watercourse that continuously or periodically carries water is deemed a public water body once it has left the property of its origin, unless private ownership is proven. Disputes regarding whether a water body is public or private in nature are decided by civil courts.

2. Public water bodies include

a) Lakes, rivers, streams, and canals;

b) Groundwater streams and other significant groundwater occurrences;

c) Ponds fed by public waters;

d) Stream springs.

3. Ownership of other springs and existing private rights are reserved.

1. Ownership or other real rights cannot be acquired through adverse possession on public waters.

2. Natural or artificial alterations to the course, particularly culverting, have no impact on the legal nature of a public water body.

1. All public waters are owned by the canton, unless ownership by third parties has been proven or ownership by municipalities has been expressly recognized by the Government Council.

2. Ownership of a body of water extends to all of its components, but not to structures and facilities that serve a permitted use of the water and are owned by the entitled parties.

3. As far as possible, the land required for maintenance, shoreline planting, and the creation of shoreline paths shall be allocated to the water parcel.

1. The riverbed and its banks must be such that

a) the water can both cleanse itself, infiltrate sufficiently to enrich the groundwater, and flow as unimpeded as possible, and

b) the landscape is enriched, and the development of native animal and plant life is promoted.

2. Riparian vegetation must be preserved and, if possible, increased. The municipal council may permit its removal only with the consent of the competent department if overriding interests require it. Provisions concerning forests are reserved.

1. Municipalities shall ensure that rainwater generated in settlement areas is absorbed or retained as much as possible.

2. The Grand Council may issue supplementary regulations regarding the absorption and retention of rainwater and may stipulate that the canton provides municipalities with contributions towards the costs of the corresponding measures.

1. Culverted water bodies must be daylighted and designed according to the principles concerning the characteristics of water bodies, if it is reasonable after weighing all interests.

2. The municipal council may only authorize new culverting of water bodies within the framework of federal and cantonal law, with the approval of the competent department, if overriding interests require it. The authorization should, where possible, be contingent upon daylighting a corresponding water body in the same area. Authorizations for water management and use of water bodies remain reserved.

1. Hydraulic engineering includes the construction of new, and the modification of existing, watercourses as well as the redesign of shorelines.

2. Property owners undertake the necessary structural measures on bodies of water. The competent department may delegate the hydraulic engineering tasks of the canton to municipalities, land improvement cooperatives, or private entities.

3. The provisions applicable to road construction apply mutatis mutandis to the planning, design, and execution of structural measures on bodies of water.

4. Structural alterations to bodies of water by municipalities and private entities require the approval of the competent department.

1. Water bodies, their banks, and their vegetation, as well as flood protection works, must be maintained in such a way that the ecological functions of the water bodies and the flow capacity required for flood protection are preserved.

2. The maintenance of water bodies is the responsibility of the owners.

3. The municipalities are obligated to clean the water bodies within their territory of debris.

4. ...

1. The owners of the waters shall generally bear the costs of the structural measures and maintenance.

2. The municipalities are to contribute between 20 to 60 percent to the costs incurred by the canton from water construction on its streams and from their maintenance, as well as from water management measures, in proportion to causation and interests. If the canton and municipalities cannot agree on the contributions, the Grand Council shall decide.

1. The water management authorities shall ensure that all public waters are in a condition that allows for their designated use.

2. Under the supervision of the Government Council, the following shall be exercised

a) the management of the public waters of the canton by the competent department;

b) the management of the public waters of the municipalities by the municipal council;

c) the management of private waters by their owners.

3. In the event of water danger, municipalities shall take safety measures in public waters of the canton until the otherwise competent authorities intervene. The canton shall reimburse them for the expenses incurred thereby.

1. The use of public waters is regulated by special legislation.

1. During the construction, maintenance, and use of public waters, consideration must be given to the interests of adjoining property owners.

2. Adjoining property owners must not impair public waters and their use, the water flow, bank paths, and vegetation through constructions, facilities, enclosures, trees, shrubs, or other objects, nor through other measures. The government council may define in a regulation the prohibited activities, facilities, and conditions in more detail.

1. Riparian landowners must tolerate the following interventions

a) the flow of existing public waters and the effects necessarily associated with their use, as permitted by federal law;

b) water engineering and maintenance measures if these could otherwise only be carried out with disproportionate effort;

c) measures to avert imminent dangers;

d) unrestricted access of water management authorities to public waters;

e) the planting of trees and shrubs along public waters up to the boundaries, provided that the neighboring property is not excessively affected; where the water owner exercises this planting right, riparian landowners also have the right to plant trees and shrubs up to the boundary;

f) the installation of gauges, signals, posts, and similar items.

2. The obligation to compensate for damage caused by these interventions is determined by the provisions on expropriation.

1. A body of water area is defined as the water body along with its bank strips. The width of the bank strip is as follows

a) * 15 m for the Rhine, Aare, Reuss, and Limmat,

b) * 6 m for flowing waters within construction zones with a bed width of less than 2 m; for flowing waters outside construction zones with a bed width of less than 2 m, the water area amounts to 11 m, and the minimum distance for structures and facilities from the edge of the bed is 6 m,

c) * 6 m for culverted waters,

d) * 15 m for standing waters with a surface area of at least 0.5 ha; no water area is designated for smaller water surfaces.

1bis. No water area is designated for flowing waters if they

a) are artificially created and have no particular ecological significance,

b) lie outside construction zones and the existing bed width is no more than 50 cm; the minimum distance for structures and facilities from the edge of the bed is 6 m.

2. The width of the bank strip is measured from the edge of the bed for flowing and standing waters and from the inner edge of the culverting structure for culverted waters.

3. Furthermore, the government council defines the spatial requirements of the flowing waters based on their eco-morphology in a binding water area map according to the federal water protection legislation. The maximum width of the bank strip is 15 m.

3bis. The government council can designate water areas in the water area map that deviate from these legal provisions if required by federal law.

4. The competent authority implements the provisions on the water area in its utilization plans and water construction projects. They may establish the water area deviating from these legal provisions and the water area map

a) * for flood protection reasons,

b) * for nature and landscape protection reasons,

c) * in densely built-up areas, if planning interests justify it,

d) * if further reasons based on the federal water protection legislation justify it.

1. If public interests require, the owner of the water body may demand that existing structures, installations, and enclosures that contravene the regulations be removed or adapted within a reasonable period of time.

2. Moreover, the provisions regarding the guarantee of acquired rights shall apply.

1. New premises for the accommodation of cantonal authorities, administrative offices, and dependent institutions are generally constructed by the canton. The district capitals are required to provide the canton with suitable land for this purpose free of charge.

2. The canton may continue to use the premises previously provided by the municipalities. The municipalities are obligated to maintain these premises and adapt them to the needs of the users. The canton must pay compensation corresponding to the use value of the premises.

3. The canton may take over the premises previously provided by the municipalities, subject to compensation for the pure building value.

1. The provisions of this section apply to all expropriations in the cantonal territory that are not to be carried out under federal law.

1. The right of expropriation may be exercised if required for the public welfare, particularly for the construction, maintenance, and operation of works in the public interest, as well as for measures related to environmental protection and the protection of nature and heritage.

1. The following are considered expropriation titles

a) cantonal land use plans,

b) cantonal road construction projects,

c) development and design plans,

d) water construction projects.

2. In all other cases, the expropriation right is granted by the Cantonal Council.

3. The expropriation title authorizes expropriation for works and measures required in the public interest, which are determined therein with sufficient specificity.

4. The decision-making authority is authorized to transfer the expropriation title to private individuals.

1. Subject of Expropriation: The object of expropriation is ownership and real rights to land parcels, as well as the arising neighboring rights and the lease and tenancy rights pertaining to the properties affected by the expropriation.

2. The rights may be permanently or temporarily revoked or restricted.

1. At the request of the expropriated party, the expropriation is to be extended

a) to the entire right, if the intended partial expropriation by area or content renders the appropriate use of the remaining part impossible or disproportionately difficult;

b) to an indefinite duration, if the right loses its main value due to the intended temporary expropriation.

2. The right to extension is granted in every case to both the expropriated party and the expropriator, if the partial expropriation reduces the value of the affected right by more than two-thirds.

3. The special administrative court decides on the claim. If affirmed, it determines the compensations to be paid for both partial and total expropriations and communicates them to the parties. The applicant must declare within 60 days whether they choose partial expropriation or expropriation of the entire right, or the temporary or permanent expropriation.

1. Residual properties and portions of land not required for the purpose of expropriation may be allocated to the owners of adjacent properties by the Special Administrative Court against reasonable compensation, provided that this does not result in an excessive burden and an independent use is not possible.

2. Under the same conditions, the Special Administrative Court may allocate areas of discontinued or relocated roads and waterways to the owners of adjacent properties.

1. The expropriator may declare in writing to the expropriated party a waiver of the expropriation within 60 days from the legally binding determination of the compensation, provided that he has not made use of an early assignment of possession. The special administrative court shall make the final decision on requests for extensions of the deadline for a maximum of an additional 60 days.

2. The expropriated party may claim compensation for damage incurred due to the expropriation process within 6 months from the declaration of waiver. Furthermore, he can have the prohibition of alteration noted in the land register removed.

1. The expropriated party can demand the retransfer of their right if it is established that the right is not used according to its intended purpose. They must refund the received compensation to the expropriator.

2. The expropriated party can demand the retransfer of their right within 25 years from its acquisition by the expropriator. The retransfer must be claimed before the specialized administrative court within one year from the time when the expropriated party could recognize that a claim for retransfer exists.

**1. Material Expropriation** is a state intervention in property rights that, in its effect, is equivalent to formal expropriation. It establishes, according to federal law, a claim to full compensation.

1. The community from which the interference originates is liable for compensation.

2. The liable community can demand that other communities, in proportion to their interests, assume a share of the compensation.

1. The holder of the right may demand formal expropriation if the interference results in such a severe restriction that it is unreasonable, under the circumstances, for him to remain the holder of the right.

2. The same claim is available to both the holder of the right and the public authority if the compensation exceeds two-thirds of the market value of the right.

3. The procedure is governed by the provisions concerning the extension of formal expropriation.

1. If the interference with the right is subsequently rescinded or substantially mitigated, its holder is obligated to reimburse the compensation along with interest.

2. The reimbursement must be claimed within one year of the rescission or mitigation of the interference before the special administrative court.

1. Compensation is generally to be paid in money.

2. Compensation in kind may be awarded wholly or partially,

a) if the expropriator and the expropriated party have agreed upon it;

b) at the request of the expropriator or the expropriated party, if approximately equivalent and similar replacement is possible and reasonable for both parties under the circumstances.

3. Any surplus or deficit in the value of the compensation in kind entitles a claim for monetary adjustment.

1. All disadvantages must be compensated for, which arise for the expropriated party from the withdrawal or restriction of their rights, namely

a) *the market value; for agricultural land within the scope of the Federal Act on Rural Land Rights (BGBB) of October 4, 1991, three times the determined maximum price according to Art. 66 para. 1 BGBB;

b) in the case of a partial expropriation, any depreciation of the remaining property, insofar as this depreciation is not offset by special benefits resulting from the expropriator's enterprise;

c) additional disadvantages in the remaining assets of the expropriated party that occur as a consequence of the expropriation according to the ordinary course of events.

2. Existing easements, except usufructs, and lease and tenancy rights noted in the land register must be taken into account when determining the market value.

3. Compensation for other personal rights noted in the land register, such as pre-emption, repurchase, and purchase rights, which are to be paid to the personally entitled individuals, must be deducted from the compensation to the landowner.

1. For the expropriation of easements, with the exception of usufruct, and for personal rights registered in the land register, the entitled parties must be compensated for the entire damage arising from their restriction or extinguishment.

2. There is a right to compensation for damage resulting from the premature termination of lease and tenancy agreements, provided that the intervention was not foreseeable at the time of contract conclusion.

1. The holders of liens, servitudes, and usufruct rights are entitled, instead of the expropriated property, to the compensation provided in accordance with civil law. They have the right to submit independent applications.

2. The usufructuaries may also independently claim compensation for any damage that arises from the deprivation of the object of usufruct.

1. The compensation becomes payable 20 days after its final determination. From this point forward, or in the case of early possession from the date of taking possession, it shall accrue interest.

2. The government council shall regulate the details by ordinance, specifically the distribution between the expropriated individuals and those with rights in rem, as well as the arrangement of partial payments.

1. Upon payment of the compensation, the expropriator acquires the expropriated right, free from encumbrances, unless they have expressly assumed existing easements, encumbrances, and registered personal rights.

2. They are entitled to arrange for the registration of the acquisition of rights in the land register.

1. The Special Administrative Court enforces the provisions regarding expropriation.

2. ...

3. ...

1. The organization and procedure of the Special Administrative Court are subject to the regulations applicable to the Administrative Court, unless there is a provision to the contrary.

2. In expropriation proceedings where compensation is awarded, the costs of the proceedings are generally to be borne by the community obligated to provide compensation.

3. Cantonal administrative authorities, the Special Administrative Court, and the Administrative Court have the right to access the data of the land register, including the documents, insofar as they require the data to fulfill their legal duties.

1. Property owners must tolerate the necessary preparatory actions, such as inspections, plan recordings, soil samples, staking, and surveys. They must be notified in a timely manner.

2. Upon request by the affected property owners, the Special Administrative Court or the division president makes a final decision regarding the admissibility of the preparatory actions.

3. Compensation must be provided for any damage resulting from preparatory actions.

1. Applications for the order of expropriation, as well as for the initiation of the expropriation proceedings and the determination of compensation, are to be submitted to the Special Administrative Court.

2. The president of the division of the Special Administrative Court orders that the construction plans, the expropriation plans, and acquisition tables be made available for public inspection for 30 days in the affected municipalities. Additionally, he/she may order that changes in the terrain be marked and profiled.

3. Persons whose rights are likely to be affected are to be notified by the expropriator before the commencement of the public inspection.

4. The public inspection may be replaced by a personal notice containing the required information if the group of affected persons can be precisely identified.

1. During the objection period, the following must be registered with the Municipal Council for the attention of the Special Administrative Court

a) * Objections to the expropriation or its scope and requests for plan modifications; motions that could have already been submitted with objections to the zoning plan or the construction project are inadmissible;

b) Claims for compensation;

c) Requests for the extension of the expropriation;

d) Requests for in-kind benefits.

2. Affected rights that result from the acquisition table or are otherwise obvious will be taken into account ex officio.

1. The Special Administrative Court, or the President of the Division, shall first attempt to reach an agreement between the expropriator and the expropriated party concerning objections to the expropriation, requests for plan modifications, compensation claims, and other demands. If an agreement is reached, the signed agreement protocol shall have the effect of a legally binding decision.

2. A written expropriation contract, concluded extrajudicially and approved by the President of the Division, shall also have the effect of a legally binding decision. Approval requires that there is an expropriation title and that the legal prerequisites for carrying out an expropriation are met.

1. The Government Council decides on the pending objections against the expropriation and requests for plan changes. The decision of the Government Council can be appealed at the Administrative Court.

2. The Special Administrative Court decides on the pending compensation claims and requests for extension of the expropriation as well as for benefits in kind. The amount of compensation shall be assessed according to the circumstances at the time of the decision.

1. The Expropriated Party may assert subsequent claims and demands before the Special Administrative Court if

a) the existence of a claimed right only came to their knowledge after the objection period, or if it was impossible for them to assert their claims due to unavoidable obstacles;

b) the Expropriator claims a right that was not listed as an object of expropriation in the documents;

c) damage becomes apparent only during or after the construction of the work or as a result of its use.

2. Subsequent claims and demands must be asserted within 6 months from the time the Expropriated Party becomes aware of the existence or exercise or the damage to the right. In any case, they expire 10 years after the completion of the work.

1. After the official announcement of the plan display or after the delivery of the personal notification, the expropriated party may not make any legal or actual dispositions that would complicate the expropriation without the consent of the expropriator.

2. From that time onwards, the expropriator must have the expropriation ban noted in the land register.

3. The expropriator is liable to provide compensation for any damage resulting from the expropriation ban.

1. If significant disadvantages to the work would arise by waiting, the Specialized Administrative Court or the President of the Department may, after hearing the Expropriated Party, provisionally assign possession to the Expropriator, provided it is ensured that the determination of compensation remains possible despite the taking of possession.

2. The Expropriator must make an appropriate advance payment at the request of the Expropriated Party.

1. The Special Administrative Court decides whether a material expropriation exists. If it affirms this question, it determines the amount of compensation.

2. The time of the intervention or the entry into force of the property restriction is decisive for the assessment.

1. If an unlawful condition is created through the construction of buildings or facilities without permission, in violation of such permission, or in any other manner, the cessation of work, the submission of a construction application, as well as the restoration of the lawful condition, particularly the removal or modification of the unlawful buildings or facilities, may be ordered.

2. The enforcement of orders is governed by the legislation on administrative judicial procedures.

1. Anyone who constructs buildings or facilities without permission or in violation of such permission, who removes protected natural objects and heritage protection objects without permission or in violation of regulations, or who otherwise contravenes this law, the regulations issued based on it, orders and decisions, shall be punished with a fine of up to CHF 50,000.

2. Intentional or negligent violations committed by builders, owners, other entitled persons, project authors, contractors, and construction managers shall be punishable.

3. If the violation is committed for profit, the court is not bound to the maximum amount of the fine.

4. In place of a legal entity or a general or limited partnership, the natural persons who have acted or should have acted on their behalf are punishable. If these persons cannot be determined without disproportionate investigative effort, the legal entity or the partnership shall be sentenced to pay the fine.

5. The statute of limitations for prosecution is 5 years.

1. The administrative penalty may be imposed on its own or alongside measures of administrative enforcement.

2. Furthermore, the provisions of the general part of the Swiss Criminal Code shall apply.

1. The judicial authorities are responsible for the investigation and assessment of violations of this law.

2. The municipal council can impose fines of up to CHF 2,000 by penal order. The procedures follow the regulations of municipal legislation. If a fine of over CHF 2,000 is in question, the municipal council files a criminal complaint with the prosecutor's office for the districts.

3. The canton and municipalities have the rights of a party in criminal proceedings and may be represented by their respective bodies.

1. The following shall be noted in the land register

a) * by the municipal council, the competent department, or the landowner

1. * Conditions and requirements imposed based on spatial planning, environmental protection, and building laws, such as demolition obligations, prohibitions on parceling and partitioning, construction obligations, restrictions on the number of parking spaces, obligations for value-added contributions (§ 28b para. 2), changes in use, reversionary clauses, restrictions on disposition, requirements for access, and prohibitions on misuse,

2. Allocations,

3. Use restrictions agreed upon in public-law contracts (such as public rights of way, cross-paths, etc.);

b) by the implementing body: land consolidation and boundary adjustments;

c) * by the expropriator: the expropriation order.

d) * ...

2. The government council may, by regulation pursuant to Art. 962 of the Civil Code, provide for additional annotations in the land register.

1. This law shall be enacted by the Government Council upon its acceptance by the people.

1. The Executive Council shall issue the necessary implementing provisions.

1. The Grand Council is authorized to enact amending or supplementary provisions to this law concerning organization and procedure, insofar as this is necessary for the implementation of federal regulations in the areas of spatial planning, environmental protection, or the conservation of nature and cultural heritage, and provided that there is no significant discretion involved.

1. The following are repealed by this Act

a) the Building Law of the Canton of Aargau dated February 2, 1971;

b) § 4 of the Law concerning the Construction, Maintenance, and Financing of National and Cantonal Roads as well as the Implementation of Road Traffic Law (Road Construction Law) dated March 17, 1969;

c) the Law on the Storage and Disposal of Decommissioned Vehicles dated August 17, 1976;

d) §§ 8 and 9 of the Law promoting the Construction of Housing for the Elderly, Disabled, and Families as well as Regional and Local Planning dated January 14, 1969;

e) the Standard Building Regulations dated March 21, 1972;

f) the Decree on the Procedure for Land Consolidation and Boundary Adjustments in Building Areas dated October 9, 1974;

g) the Decree on the Procedure before the Appraisal Commission under the Building Law and under the Water Protection Law dated February 22, 1972;

h) §§ 15 and 47 of the Introductory Act to the Federal Water Protection Act (EG GSchG) dated January 11, 1977.

1. The Law on Administrative Procedure of July 9, 1968, is amended as follows

*Text inserted in the relevant enactment.*

2. The Law on the Promotion of the Construction of Housing for the Elderly, Disabled, and Families, as well as Regional and Local Planning of January 14, 1969, as amended on August 22, 1972, is amended as follows

*Text inserted in the relevant enactment.*

3. The Introductory Law to the Federal Water Protection Act (EG GSchG) of January 11, 1977, is amended as follows

*Text inserted in the relevant enactment.*

1. The guideline and land use plans of the canton and municipalities established before the entry into force of this law remain in effect, provided they do not conflict in content with the directly applicable new law. The canton and municipalities shall ensure that other conflicts are resolved within the framework of the regular review of the plans.

2. Municipal development plans under the previous law shall be considered as access plans, and cantonal ones as land use plans.

1. Building applications pending at the time of the entry into force of the legal amendment of March 10, 2009, will be assessed according to the previous law.

2. ...

3. The Government Council shall issue a regulation on compensatory fees for exemption from the obligation to create parking spaces, which shall apply in municipalities that have not yet issued their own regulation until it comes into force.

4. The obligation established under previous law to contribute to the financing of future community facilities or public parking spaces shall be converted by the municipalities into a compensatory fee. Participation obligations that were legally established more than 25 years ago are considered to be expired.

5. ...

6. Regulations issued by municipalities regarding property owner contributions and fees prior to the entry into force of this law remain in force as long as they do not contradict its content.

7. The right of regional organizations to object and to complain as per § 4 para. 4 shall persist from the entry into force of this law according to previous jurisprudence until a corresponding decree is issued by the Great Council.

8. Until the utilization rate under previous law is replaced by an inter-cantonal harmonized building concept and the deadline set by the Government Council for the adjustment of municipal building and use regulations has expired, municipalities remain authorized to stipulate that attic and basement floors are not considered in the calculation of the utilization rate.

9. Municipal law and contractual agreements concerning the value-added tax that municipalities decided upon before the entry into force of the legal amendment of September 20, 2016, remain applicable for

a) Planning measures approved by the canton before the entry into force of the legal amendment,

b) Later planning measures, insofar as they do not contradict cantonal law.

1. Ongoing cantonal land-use planning must comply with the new law.

2. Municipalities can designate properties that need to be excluded from the building zone to comply with the Federal Act on Spatial Planning into a transitional zone if they cannot be assigned to another zone due to overriding interests. Constructions and facilities are only permissible under Article 24 of the Federal Act on Spatial Planning. Property owners may request a review of the zoning classification at the earliest 10 years after the approval of the general land-use plan.

3. Procedures pending before the Grand Council concerning the approval of municipal special land-use plans at the time this law takes effect shall be completed pursuant to the previous law.

4. Cantonal and municipal land-use plans that came into effect before the enactment of this law can no longer be submitted to the Administrative Court for review.

5.

1. The competencies for the expansions of national roads approved by the federal authorities before January 1, 2008, are governed by the previous law.