Art. 3 Cantonal Environmental Protection Ordinance (KUSV) - Procedure in Case of Non-compliance

1. If the municipality becomes aware of behaviors or conditions that may potentially violate federal or cantonal environmental protection legislation, it investigates the matter. It requires the responsible parties (causers or disruptors) to restore the lawful condition. If a cantonal or federal authority is competent, it simultaneously reports the matter to them.

2. If the responsible parties do not comply with the municipality’s request, the competent authority orders the restoration of the lawful condition and enforces it.

3. In cases of non-compliant conditions that violate both environmental protection legislation and spatial planning legislation, the restoration of the lawful condition is governed by the cantonal spatial planning law, provided the primary violation concerns construction and planning law. If the violation predominantly concerns environmental protection regulations, the restoration is ordered and enforced by the authority competent under environmental protection legislation. In cases of doubt, the potentially competent authorities agree on the jurisdiction.