Roads Act of the Canton of Graubünden (StrG) - Scope of Application (STRG)

1. This law governs the planning, construction, maintenance, use, and financing of cantonal roads, as well as the responsibilities and duties concerning slow traffic.

2. It applies subsidiarily to national roads.

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1. The cantonal roads and their technical facilities shall be planned, constructed, and maintained according to the principles of sustainability, safety, cost-effectiveness, and environmental compatibility.

2. The coordination of the cantonal roads with other spatially relevant tasks of the municipalities, the canton, and the federal government shall occur within the cantonal structure plan procedure.

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1. The government exercises supreme supervision over the cantonal road system.

2. It may conclude service agreements with the Confederation for the regulation of tasks in the area of national roads.

3. The department exercises supervision over the planning, construction, and maintenance of cantonal roads as well as road construction policing.

4. The cantonal civil engineering office (Civil Engineering Office) is subordinate to the department as the specialist unit for road system, non-motorized traffic, and hydraulic engineering.

1. Canton roads are considered main and connecting roads. They are owned by and under the authority of the canton.

a) * ...

b) * ...

2. Main roads are those designated as such by the government, particularly those for interregional traffic.

3. Connecting roads are all other canton roads.

1. The cantonal road includes

a) * all areas for traffic flow, including bicycle lanes;

b) * all constructions and facilities both within and outside the road parcel, which serve the technical design, intended use, and safety of the road or are necessary for the protection of the surroundings, but not constructions and facilities of third parties.

2. Components of the cantonal road are the property of the canton, unless other rights are established.

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1. Slow traffic particularly includes pedestrian traffic and hiking, cycling, as well as movement using vehicle-like devices.

2. The government establishes the network of paths in collaboration with the municipalities and the regions.

3. The municipalities plan, construct, and maintain the facilities subject to the cantonal obligations. The Civil Engineering Office coordinates the planning, construction, and signage.

4. For facilities along cantonal roads that serve to alleviate them, the canton may take responsibility for the construction.

5. The municipalities ensure that the facilities can be used as safely as possible and that public access is legally secured.

6. For the concerns of slow traffic, the canton and municipalities may engage private specialist organizations and contractually assign specific tasks to them.

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1. The canton provides each municipality with access via a cantonal road if no access is available through an equivalent national road.

2. The same entitlement also applies to the access of a municipal fraction, provided it has at least 30 residents with permanent domiciles.

3. A municipal fraction is considered to be a historically developed group of houses distinctly separated from the main settlement of the municipality or a dispersed settlement along a common main access road.

4. The access entitlement of a municipality extends to the end of the main settlement, while that of a municipal fraction extends as far as the road serves the majority of the fraction's inhabitants for access.

5. If a previous municipality becomes a fraction of a new municipality due to amalgamation, its access entitlement for the former main settlement remains.

6. In the event of the implementation of a cantonal bypass, the municipality must take over the existing connection. It is entitled to a single cantonal connection up to the beginning of the locality, which is determined by the government after consultation with the municipality.

7. The connection generally consists of a road passable by motor vehicles. In exceptional cases, other solutions, particularly cable cars, may be provided.

1. The inclusion of a road in the cantonal road network requires that the claim to a cantonal connection as regulated in Article 7 exists.

2. The minimum population requirement according to Article 7, paragraph 2 must be demonstrated for three consecutive years.

3. The road is taken over by the canton in its existing condition. The municipality has no entitlement to compensation.

4. The inclusion is carried out by the government. The road is acquired by the canton as property.

1. If the entitlement to a cantonal connection pursuant to Article 7 ceases to exist or if the road has lost its purpose as a cantonal road, it shall be excluded from the cantonal road network.

2. The minimum population number as specified in Article 7, paragraph 2 must have been undercut for three consecutive years.

3. The road shall be taken over by the municipality in its existing condition. The canton has no entitlement to compensation.

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5. Within the framework of municipal mergers, the government can contractually establish the cantonal access.

6. The exclusion is carried out by the government after consulting the municipality. The road is transferred to the ownership of the municipality.

1. If the connection and traffic interests of a municipality or a faction have fundamentally changed, another cantonal connection may be approved in exchange.

2. If the existing connection extends over the territories of several municipalities, these municipalities must take ownership of the road sections lying within their territory.

3. The approval of another cantonal connection is granted by the government after consulting the municipality.

1. Cantonal roads are considered dedicated to public use upon being opened to traffic.

2. The canton may restrict public use of cantonal roads, particularly for the safety and protection of road users, the road itself, and local residents.

1. Any use or occupation of the road parcels or ancillary facilities of national roads beyond common usage requires a permit from the Department of Civil Engineering.

2. A government concession is required for long-term, particularly intensive uses of the road parcels or ancillary facilities of national roads.

3. The holders of permits and concessions must reimburse the canton for all costs incurred due to the occupation of the road parcels or ancillary facilities of national roads. They may be required to provide advance payments and security deposits.

1. Any behavior that endangers the existence of the cantonal road or the traffic is prohibited.

2. Anyone who creates an unlawful condition or tolerates such a condition is liable for all damage that results to the canton or third parties from it.

1. For traffic diversions during closures of cantonal roads and for construction traffic related to these roads, the necessary municipal and private roads must be made available.

2. The canton shall bear the costs for measures in the interest of traffic safety as well as the maintenance costs that are demonstrably caused by the additional traffic.

1. Cantonal roads are to be designed and constructed according to the latest findings in construction and traffic engineering and with consideration of the anticipated use, integrating well into the structural and landscape environment, as environmentally friendly as possible, and economically viable.

2. Cantonal roads are primarily traffic-oriented. The needs of public transport, pedestrians, cyclists, and people with disabilities are to be adequately considered in agreement with the affected municipalities.

3. The government issues guidelines for traffic calming measures for the inner-urban areas of cantonal roads. A distinction is made between traffic-oriented and settlement-oriented roads, taking their function and local conditions into account.

1. The government may, after consulting the affected municipalities, establish planning zones to provisionally reserve street space for the construction of cantonal roads. These zones are to be published in the Cantonal Gazette and simultaneously announced in the customary manner by the municipalities.

2. Within planning zones, municipalities may only permit construction projects with the approval of the department. Approval is granted if the construction project does not complicate or increase the cost of road construction.

3. Planning zones cease to exist with the announcement of the submission project, but no later than three years after their publication. For important reasons, this period may be extended by a maximum of two years. The extension of the deadline must be publicly announced in accordance with paragraph 1.

1. In the planning project, building lines can be established. They serve to keep spaces free above and below ground along cantonal roads, particularly in the interest of traffic safety, health protection, and future road development.

2. When municipalities establish building or design lines in the area of cantonal roads, they must coordinate these in advance with the civil engineering office. Only building and design lines approved by the canton are binding in relation to cantonal roads.

1. Exceptions to the observance of building lines may be approved by the department if public interests are not violated.

2. Exceptional permits may be accompanied by a value-added or removal covenant.

1. The necessary components of the planning projects for cantonal roads are determined by the government.

1. The department shall make the draft proposal, the applications for additional permits requiring coordination, as well as any environmental impact report publicly available in the affected municipalities for 30 days. The relevant administrative offices shall be consulted as part of a co-reporting procedure.

2. The publication is to be announced in the cantonal official gazette and simultaneously in the customary local manner by the municipalities.

3. For the duration of the publication, the road axis and any potential building lines are to be marked in the field as far as possible by staking them out. The marking of the road axis must indicate the difference in height between the existing and the planned terrain.

4. Structures, buildings, and significant terrain changes shall be profiled as far as possible upon request of the affected parties.

1. From the day of the public announcement of the imposition, in the simplified procedure from the date of the written notification, construction projects within the area covered by the project are subject to approval by the department. This approval is granted if the construction project does not adversely affect the acquisition of land or the execution of the project.

2. The municipalities must report relevant construction projects in writing to the civil engineering office.

1. Entitled to file an objection, in addition to the affected municipality, is any person who is affected by the project subject to public inspection and can assert a legitimate interest worthy of protection, or who is entitled to do so under federal law.

1. Objections must be submitted to the department in writing with a brief justification within the publication period of 30 days.

2. The following may be claimed

a) * Objections to the published project and the associated applications for further permits, as well as against a proposed expropriation and its extent;

b) Compensation claims, in particular claims for the rights in question and other claims arising from the cantonal expropriation law.

3. Rights that are not listed in the acquisition table and are affected by the project can be registered until the end of the conciliation hearing in the land acquisition procedure.

4. Those who do not lodge an objection are excluded from further proceedings.

1. The government decides on project objections and the approval of the published project in a coordinated decision and generally grants the necessary additional permits simultaneously. Permits and plans based on municipal law are not required.

2. The settlement of compensation claims occurs in the land acquisition procedure according to the provisions of the cantonal expropriation law.

3. The project approval expires if construction work is not commenced within ten years after the decision becomes legally binding.

1. If minor project adjustments result from the objections and statements, the project approval may be accompanied by conditions. For more significant additions or modifications, a new public disclosure must be carried out unless the simplified procedure is applicable.

2. If substantial project changes are required after the approval decision, the project modification must be publicly disclosed unless the simplified procedure is applicable.

1. For locally limited projects or project modifications that affect a few, clearly identifiable property owners, do not affect any legitimate interests of third parties, and do not have a significant impact on land and the environment, the simplified procedure may be carried out. In cases of doubt, the regular procedure will be conducted.

2. In the simplified procedure, the public display is omitted. The Civil Engineering Office informs the municipality, affected property owners, and affected third parties about the project or the project modification. If they do not provide written consent, a 30-day objection period is granted to them.

3. The project documents are open for inspection by the affected parties during the objection period. The provisions regarding the objection procedure and the effect of the project approval apply accordingly.

4. If a publicly announced project is modified before the approval decision in the simplified procedure, it will be submitted to the government along with the corresponding changes for approval.

5. If the consents according to paragraph 2 are present in locally limited projects, government approval of the project is not required.

1. The approved version of the project is binding on everyone.

2. It includes the authority to apply the right of expropriation.

1. The department may revoke a non-approved project at any time. If it concerns an approved project, the government is responsible for its revocation.

2. Project revocations must be publicly announced.

3. After five years have elapsed since approval, but no later than seven years after the publication of the project, property owners may request that the canton purchase the land and other affected rights, provided the project is not revoked.

1. The real rights required for the construction and maintenance of cantonal roads on properties, as well as other rights, are acquired according to the provisions of cantonal expropriation and spatial planning law.

2. If roads, pathways, driveways, or accesses need to be altered, relocated, or removed, the canton shall ensure, as far as possible, adequate real compensation.

1. Maintenance includes all measures necessary to preserve the substance as well as to ensure the operational and traffic safety of the cantonal roads.

2. Structural maintenance encompasses all works serving the preservation of the road, in particular repairs and renewals.

3. Operational maintenance includes all works necessary for the continuous operational readiness and safety of the road, especially winter service, cleaning, inspection, maintenance and care works, as well as the opening and provision of the roads following extraordinary events.

1. The canton is responsible for the maintenance of cantonal roads.

2. The Civil Engineering Office may delegate the maintenance of specific sections of cantonal roads to the municipalities, in whole or in part.

3. The details, in particular the content and scope of the services as well as the compensation, shall be regulated by contract.

1. The government determines the cantonal roads that are closed in winter.

2. The department determines the timing of the closure and opening for these routes.

3. The government may permit third parties to keep cantonal roads with winter closure open, provided they offer assurance of professionally and technically impeccable maintenance as well as adequate traffic safety.

1. The canton is responsible for snow removal on cantonal roads both within and outside of urban areas.

2. The department determines the method of snow removal for cantonal roads. The affected municipalities must be consulted for removal within urban areas.

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3. The municipalities are responsible for the following on urban road sections

a) * the gritting service and removal of abrasive material on and beside the road;

b) * the transportation and disposal of snow and ice resulting from the clearing process.

4. The canton may provide the gritting service for urban road sections on behalf of the municipalities in exchange for compensation.

5. The municipalities are responsible for keeping public accesses and entrances to cantonal roads open, both within and outside urban areas.

1. Municipalities are responsible for the cleaning of the roadway of cantonal roads within their localities. The canton may assume this responsibility in exchange for compensation.

2. The areas of traffic islands within localities, particularly in the case of roundabouts, are to be maintained by the municipalities.

1. Assistance in the event of damage on the cantonal road network is governed by the provisions of fire safety legislation.

2. Anyone who causes an operation for damage control and remediation is generally responsible for the costs incurred.

1. To prevent an impending or increasing damage in connection with natural events or in case of other harmful or hazardous impacts on the cantonal roads, the Civil Engineering Office is authorized to enter the property of third parties and eliminate the source of danger without delay.

1. Along cantonal roads, the Civil Engineering Office is generally responsible for the preventive forest maintenance to ensure road safety and maintain clear visibility. Protective forest maintenance is excluded from this responsibility.

2. The Civil Engineering Office carries out the necessary maintenance measures and bears the corresponding costs, with any potential proceeds from timber sales belonging to the canton.

3. If trees need to be felled, the affected landowners must be informed in advance, insofar as possible.

1. Road signaling includes signals and markings as technical means for traffic management.

2. The installation and maintenance of signaling on cantonal roads, pedestrian paths, and bicycle lanes are the responsibility of the canton. The initial signaling of traffic-calmed zones falls under the jurisdiction of the municipalities.

3. The government regulates the distribution of costs between the canton and municipalities according to their respective interests.

1. The installation and maintenance of lighting on cantonal roads within urban areas are the responsibility of the municipalities. The same applies to the lighting of pedestrian crossings both within and outside urban areas.

2. Insofar as the canton installs street lighting outside urban areas, it is also responsible for their maintenance.

1. Municipalities and corporations are obligated to accept surface water from cantonal roads into their pipeline networks within settlement areas without compensation.

2. The canton is responsible for constructing the inlets for surface water and the conduits leading to the main line, as well as for the structural maintenance of these installations.

3. The operational maintenance of the inlets and conduits within settlement areas is the responsibility of the municipalities and corporations.

1. Where available, municipalities and corporations shall provide the canton with the water required for the operational maintenance of cantonal roads free of charge.

2. Municipalities shall supply the canton with the raw materials needed for the construction and maintenance of cantonal roads, such as stones, sand, and gravel from streams and rivers, including gravel traps, in return for compensation.

3. The canton shall extract raw materials from suitable locations, preferably as close to the place of use as possible.

4. In emergency situations, the canton's right of access takes precedence over third-party special usage rights.

**1. The Canton is authorized to construct and maintain the necessary structures and installations outside the road property to protect the cantonal road and its surroundings.**

2. In the event of an imminent danger to the cantonal road, its users, or its surroundings, the necessary structures and installations may be constructed without project submission.

3. If third parties benefit from installations within or outside the road property, they may be obliged to contribute to the construction and maintenance costs.

4. Income generated from the installations shall be distributed according to the cost distribution key for maintenance work as indicated in paragraph 3.

1. An owner of property adjacent to a cantonal road cannot derive any special rights from this adjacency.

2. During the planning, construction, and maintenance of cantonal roads, due consideration must be given, particularly in terms of access, to the interests of the adjoining properties.

1. Adjacent properties must absorb the water, snow, ice, and grit from the cantonal road.

2. For the construction of bypass routes, access roads, and building installations, as well as for material deposits and similar purposes, the properties of third parties may be temporarily used against compensation.

3. For the planning and construction of cantonal roads, the necessary preparatory actions must generally be tolerated without compensation. The same applies to the use of third-party properties associated with maintenance work.

4. Adjacent properties can be used for necessary traffic management and safety installations. The legitimate interests of affected parties must be considered.

5. For works in accordance with paragraphs 2 to 4, the affected property owners should be informed in advance as far as possible.

1. Modifications to the cantonal road or its components by third parties require approval from the Civil Engineering Office, specifically for the erection or adjustment of the following structures and facilities

a) Traffic junctions, including turning lanes;

b) Facilities for non-motorized traffic;

c) Structural traffic calming measures;

d) Parking spaces, stop bays;

e) Design of road surfaces;

f) Pipelines;

g) Overpasses and underpasses, as well as pedestrian safety islands;

h) Bus lanes.

2. The costs for the construction, modification, renewal, and maintenance of structures and facilities as per paragraph 1, as well as other intersection facilities, shall generally be borne by those responsible for them.

3. Applicants may be required to utilize available duct systems and other components of the road. The use shall be appropriately compensated.

1. In the construction as well as in significant alterations or changes in the use of buildings and facilities on cantonal roads, appropriate distances must be maintained. The same applies to the planting of trees and shrubs.

2. Buildings and facilities particularly include above-ground and underground buildings, movable structures, walls, roads, sidewalks and bicycle paths, pipelines, parking spaces, gas stations, overpasses and underpasses, traffic facilities, transport devices, storage areas, and significant terrain changes.

1. Lawfully constructed buildings and structures that no longer comply with the prescribed distances may be maintained and renewed, as well as undergo minor alterations or be used for a slightly different purpose.

2. If these buildings and structures undergo significant alterations or are used for a substantially different purpose, or if their building substance is predominantly replaced during a renewal, they must, including any potential extensions, be relocated to comply with the prescribed distance.

3. They may not be reconstructed at the same location after their demolition or destruction.

1. The department may grant exceptions to the compliance with the prescribed distances. Easements for closer construction are particularly possible in localities with closed construction methods, to preserve valuable parts of towns, in the presence of other special circumstances, or in cases of hardship, provided that traffic safety is not compromised.

2. The granting of an easement for closer construction may be accompanied by an additional value or removal covenant.

1. Buildings and structures on cantonal roads must be constructed and maintained in such a way that they withstand the effects of the road as well as the demands from traffic and road maintenance.

2. If traffic safety requires it, owners of adjacent properties may be required to modify or remove buildings, structures, and plantings.

3. If the construction of buildings, structures, and plantings was unconditionally approved or took place at a time when no or different distance regulations were in effect, the required modification or removal must be compensated.

1. If cantonal roads are structurally altered, the canton is obliged to carry out the necessary adjustments on adjacent properties at its own expense.

2. If structural alterations on neighboring properties lead to adjustments to the cantonal road, the costs shall be borne by the owners of these neighboring properties.

1. Buildings, structures, and plantings along the cantonal roads must be constructed, maintained, and cared for in such a way that no disadvantages or dangers arise from their existence for these roads and the road users.

2. Anyone who causes an impairment must take the necessary measures to remedy it.

1. A connection to the cantonal road should provide access to the largest possible area.

2. If the facility allows it, the shared use of the connection by third parties must be tolerated in exchange for reasonable compensation.

3. If traffic safety requires it, the affected property owners must take measures at their own expense regarding the location of the connection as well as the nature and design of the traffic junction.

1. The construction and modification of access points and driveways on cantonal roads require, in addition to the building permit, an approval from the Civil Engineering Office.

2. Approval is also required if an existing connection is intended to serve significantly larger or different types of traffic.

3. The granting of approval may be made contingent upon the submission of a development plan.

4. Approval is to be denied if the connection significantly impairs the traffic safety of the cantonal road.

1. If an existing connection to the cantonal road is significantly burdened by new constructions or changes in use, the canton may require the affected property owners to adjust the traffic junction to the changed conditions at their own expense.

1. The department may restrict or revoke connections to cantonal roads.

2. If two or more connections exist in close proximity, the connection possibilities may be restricted for traffic safety reasons.

3. The revocation of existing connections without the possibility of replacement may only occur for important reasons and with appropriate compensation.

4. Before ordering a restriction or revocation of a connection, the affected parties must be heard.

1. Expenditures and revenues of the canton for road infrastructure are recorded in the road account. This is maintained as a special financing according to the Financial Budget Act.

2. The Grand Council independently decides on the annual expenditures within the scope of the road account.

3. It establishes the ordinary contribution from general state funds to the road account with the budget. This contribution amounts to at least 25 percent and at most 75 percent of the traffic taxes. In the event of a positive operating account balance, the Grand Council may decide on additional contributions to reduce the road debt. If the road debt exceeds 100 million francs, the minimum contribution increases to 50 percent of the traffic taxes.

4. The road debt is limited to 250 million francs and the road assets to 100 million francs.

1. The expenditures of the road account are particularly financed by

a) * Contributions and dedicated shares from federal revenues, including 70 percent of the total share of the performance-based heavy vehicle fee (HVF);

b) * Traffic taxes as well as other charges and fines, after deducting the expenses for the road traffic office and for the traffic-related tasks of the cantonal police;

c) Ordinary and extraordinary contributions from general state funds.

**1. The Canton may provide contributions ranging from 5 to 50 percent of the eligible costs:**

a) *for the construction of slow traffic facilities and for the creation and maintenance of their signage (excluding sidewalks);*

b) *...*

c) to private specialist organizations for fulfilling the responsibilities assigned to them in the area of slow traffic;

d) for the construction of public transport stopping bays on cantonal roads;

e) *for the construction and renewal of sewer lines that also serve to drain water from cantonal roads;*

f) *for the construction, alteration, and structural and extraordinary operational maintenance of torrent control works, drainage, reforestation, avalanche barriers, debris catchers, and other facilities that also contribute to the existence and safety of cantonal roads;*

g) *for keeping cantonal roads open by third parties in winter.*

h) *...*

**2. The government determines the level of contributions taking into account the interests of the Canton and the municipalities.**

**3. If the Canton's interest in the realization of a facility predominates, the government may appropriately increase the contributions according to paragraph 1.**

**4. The contributions according to paragraph 1 may be appropriately reduced if the costs for which they are provided result from neglect of maintenance.**

1. For the equipment and training of base fire brigades for road rescue, the canton may provide contributions of up to 80 percent of the eligible costs.

2. If the equipment and training of base fire brigades are exclusively for road rescue on cantonal roads, the contributions can be increased up to 100 percent of the eligible costs.

1. The construction of connecting roads may be co-financed from land improvement funds in conjunction with other infrastructure improvements.

1. The canton imposes fees up to 25,000 francs for

a) * Uses of the road properties and auxiliary facilities of national roads that exceed general use;

b) Permits for constructions and facilities on the road property as well as within planning zones, building lines, project areas, and road distances;

c) Permits for accesses and driveways;

d) * Permits for road advertisements;

e) * ...

f) * Permits for plants when planting distances are not maintained.

2. In assessing the fees, the economic advantage associated with the permit, the scope and duration and intensity of the use, the interest of the liable parties, and the impact on the road must be taken into account.

1. The canton is entitled to charge fees for the issuance, modification, and transfer of concessions.

2. The amount of concession fees is determined particularly by

a) the market value of the property;

b) the extent of the claimed area;

c) the nature of the usage and the resulting benefit for the concessionaire;

d) the restriction of public use associated with the special use.

1. Any person who intentionally or negligently violates this Act or any orders and decrees based on it shall be punished with a fine of up to 40,000 francs.

2. In minor cases, punishment may be waived.

3. Instead of a legal entity, a general partnership, a limited partnership, a sole proprietorship, or an unincorporated group, the natural persons who acted or should have acted on their behalf are liable to prosecution. The legal entity, the partnership, or the unincorporated group is jointly and severally liable for fines and costs.

4. Jurisdiction and procedure shall be governed by the provisions concerning criminal proceedings before administrative authorities.

1. In cases of behavior or conditions that violate this law or any orders and decrees based on it, the responsible parties may be required to restore the lawful state.

2. If the obliged parties do not comply with the request, the restoration of the lawful state will be ordered and enforced at their expense.

3. Orders in cases of imminent danger to roads and traffic are immediately enforceable.

4. Otherwise, enforcement is governed by the Administrative Procedure Act.

1. Upon enactment of this law, the Roads Act of the Canton of Graubünden dated March 10, 1985, is repealed.

1. Contributions by municipalities to surface constructions within localities are only to be made for works carried out prior to the enactment of the Administrative Reform Act.

2. Municipal requests for contributions to sidewalk facilities on cantonal roads will be handled according to the law in effect at the time the request is submitted.

3. For all other procedures pending at the time this law comes into effect, the new law shall apply.

1. This law is subject to an optional referendum.

2. The government shall determine the date of entry into force of this law.