Cantonal Forest Act (KWaG) - Purpose (KWAG)

1. This Act aims to

a) ensure the quantitative and qualitative preservation of forests;

b) fulfill the functions of forests;

c) protect forests as close-to-nature ecosystems;

d) ensure the sustainable management of forests;

e) promote and maintain forestry and the timber industry.

1. In order for a stand of trees to be considered a forest, the following minimum criteria must be met

a) an area of at least 800 m²;

b) a minimum width of 12 m;

c) an age of 20 years.

2. Areas with trees covering more than 500 m² are considered a forest if they fulfill a forest function.

3. For stands that fulfill important welfare and protective functions, the minimum criteria according to paragraph 1 may be reduced.

4. Special forms of forests include particularly pasture forests and silvopastures.

1. Unless this law provides otherwise, the provisions of the cantonal administrative complaint procedure shall apply mutatis mutandis to the objection procedure.

2. Anyone who does not file an objection is excluded from further proceedings.

1. Competent Cantonal Authority for Granting Deforestation Permits is the Department. Subject to differing competency and procedural provisions in other cantonal legal enactments.

1. The authority shall make the deforestation applications publicly available for a period of 30 days. The publication must also take place in the affected municipalities.

2. The publication shall be published in the official publication organ of the canton and simultaneously be announced in the customary manner in the municipalities.

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

2. Entitled to object is anyone affected by the deforestation project who can assert a legitimate interest, or anyone authorized by federal law to do so. Affected municipalities are also entitled to object.

3. The competent cantonal authority decides on the objections as part of the deforestation decision.

1. The competent cantonal authority may order a guarantee for the reforestation replacement as part of the deforestation permit.

1. Advantages arising from deforestation permits are to be compensated by the beneficiaries. They correspond to 50 percent of the value difference of the property before and after deforestation. The compensation payments are assessed and collected by the canton.

2. The compensation payments are allocated to a deforestation replacement fund. These funds are to be used for forest conservation measures.

1. The government regulates the details of the clearing procedure and enacts the necessary provisions regarding clearing compensation and offset payments.

1. Anyone demonstrating a legitimate interest may submit a forest determination application to the cantonal forestry service.

2. The forest determination pertains to the area whose forest character is disputed.

3. Anyone affected by the forest determination and who may have a legitimate interest in the forest determination decision must be heard beforehand.

4. The forest determination procedure is concluded with an order from the department. This decision must be communicated to the applicants and other affected parties, the municipality, as well as those entitled to appeal under federal law.

1. In the issuance and revision of land use plans according to spatial planning law, the delineation of forest and use zones is carried out in accordance with federal law.

2. The land use plans with the recorded forest areas and forest boundaries are to be publicly disclosed and announced in accordance with cantonal spatial planning legislation.

1. Objections to forest determinations must be submitted in writing to the Department within the publication period, accompanied by a brief justification.

2. Entitled to file an objection is anyone affected by the forest determination and who can assert a legitimate interest, or anyone authorized by federal law. The affected municipalities also have the right to object.

3. The Department processes the objections and decides on the forest determination.

1. Legally established forest boundaries must be entered into the municipalities' utilization plans.

2. New forestation outside these forest boundaries does not qualify as a forest.

1. The government regulates the details of the forest determination procedure.

2. The department is responsible for forest determination.

1. Forestry Buildings and Facilities require a project approval procedure. The government is responsible for granting the approval and, within the same procedure, also decides on the cantonal contribution.

2. The project approval acts as a land-use plan and building permit for the buildings and facilities covered by the procedure. For forest roads and protective constructions, this effect also applies to sections located outside the forest area.

1. The authority shall make the submitted projects and the applications for further approvals requiring coordination available to the public for 30 days. The submission must also take place in the affected municipality.

2. The submission must be published in the official publication organ of the canton and simultaneously announced in the customary manner in the municipalities.

1. From the day of the public announcement of the notice onwards, construction projects within the area covered by the forestry project require an additional permit from the department. In the simplified procedure pursuant to Article 22, this additional permit is required from the date of the written notification. It is granted if the construction project does not adversely affect the land acquisition or the execution of the forestry project.

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

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

2. Entitled to object are individuals who are affected by the published project and have a legitimate interest in its revocation or modification, or who are authorized by federal law. The affected municipalities are also entitled to object.

3. The following can be asserted

a) Objections against the published project and the associated applications for further approvals, as well as against any potential expropriation and its scope;

b) Compensation claims, particularly demands for the claimed rights and other claims arising from cantonal expropriation law.

4. Rights not listed in the register of acquisition rights and affected by the project can be registered until the conclusion of the conciliation hearing in the land acquisition plan.

1. The government decides on the project objections and the approval of the submission project in a coordinated decision.

2. With the project approval decision, the government generally also grants all other necessary permits.

3. Project approvals are valid for five years and are binding on everyone.

1. With the approval of the project, the right of expropriation is deemed to be granted. The settlement of compensation claims is carried out in the land acquisition procedure according to the provisions of the cantonal expropriation law.

2. The real rights in land claimed for the construction and maintenance of forestry buildings and facilities, as well as other rights, shall be compensated by the owners of the works according to the provisions of the cantonal expropriation law.

1. If essential project modifications become necessary following the approval decision, a new public notice is required unless the conditions for the simplified procedure pursuant to Article 22 are met.

1. In the case of projects or project modifications that are locally limited, affect only a few, clearly identifiable landowners, do not impact any legitimate interests of third parties, and do not significantly affect the space and environment, a public notice may be waived.

2. In such cases, the office, in consultation with the municipalities, shall notify the landowners, affected third parties, and organizations entitled to lodge complaints of the project or project modifications in writing. These parties may review the project documents and file objections within 30 days.

3. The provisions of the ordinary procedure shall apply mutatis mutandis to the objection procedure and the project approval.

1. The regular maintenance of forest structures and facilities is the responsibility of the property owners.

2. The office regulates the inspection and maintenance of the works.

3. No project approval procedure is required for repairs and maintenance of existing works.

1. The municipalities are authorized to take immediate measures. These measures are to be executed in consultation with the office, insofar as the urgency permits.

2. Immediate measures include all urgent actions to avert an imminent or increasing damage due to natural events. This includes, in particular, safety measures and evacuations in the event of avalanches, mudflows, and floods.

3. Any necessary permits can be obtained retrospectively.

1. The government designates the forestry buildings and installations and regulates the details of the project approval procedure.

2. For forestry buildings and installations, the canton may, upon the applicant's request, take over the project management.

1. The municipality approves minor forestry buildings and small installations in the forest. The office must be consulted in advance.

1. A deforestation permit is required for non-forestry buildings and facilities in the forest.

2. A deforestation permit is not required for non-forestry small buildings and small facilities in the forest. BAB permits are subject to the approval of the office.

1. The government appoints three hazard commissions. It determines the spatial allocation.

2. The hazard commissions assess the areas threatened by natural hazards and record the assessment in a plan.

3. The plan of the hazard commission is binding on authorities. It must be promptly incorporated into the local municipalities' master plan.

1. The minimum distance of buildings and installations from high forest is ten meters, and from low forest is five meters.

1. Municipalities may, in exceptional cases, provide for reduced forest setbacks based on new building lines or architectural design lines. These setbacks are to be specified in the land-use planning.

2. Existing structures and facilities within the forest setback area may be elevated, expanded, provided with extensions, or reconstructed on-site after destruction or demolition, provided that the forest setback is not reduced and it is permissible under building and planning law.

3. For underground structures and facilities, small buildings, high voltage pylons, and similar projects, the competent authorities may grant exceptional permits as part of the lead procedure. The Office must be consulted beforehand.

1. Protection against natural hazards is the responsibility of the municipalities, unless this law declares the canton to be competent.

2. ...

3. The canton develops the basis for assessing the potential dangers and risks posed by natural hazards. It evaluates the risks using protection target matrices and indicates possible measures.

1. In special cases, the canton may exercise building authority upon request by the municipality for the protection against natural hazards during the planning and implementation of protective measures.

2. The canton and the municipality shall regulate the details contractually.

1. In cases of increased forest and field fire danger, igniting fires outside of settlement areas is prohibited. The canton shall inform the public of the danger situation in an appropriate manner.

2. Municipalities may grant exceptions to the fire ban for safe fire sites outside the forest.

1. The owners of trees, shrubs, other plants, crops, plant materials, means of production, and objects that are infested with pests, could be infested, or are pests themselves, are obligated to prevent and remedy forest damage.

2. The canton shall order the necessary measures for the prevention and remediation of damage and supervise their implementation. In the event of omission, it may arrange for substitute performance by third parties at the expense of the obligated parties.

1. Uses that impair the function or management of the forest are impermissible. Existing detrimental usage rights must be terminated. Exceptions are approved by the Department.

1. The forest is generally accessible to the public. Municipalities may impose restrictions in cases of overriding public interest.

2. Holding large events in the forest is only permitted with the approval of the competent municipalities.

1. Forests and forest roads may only be accessed by motor vehicles for forestry purposes.

2. Without permission, accessing forest roads is permissible under federal legislation for agricultural purposes as well as for the fulfillment of public duties.

3. The municipalities may allow further exceptions and subject them to a permit requirement.

4. The enforcement of this provision is the responsibility of the municipalities.

1. The government issues the necessary provisions for the conduct of large events in the forest and regulates the further details for the protection of the forest.

1. Forest management is governed by forestry planning.

2. The subject of forestry planning includes the forest development plan and the operational plan.

3. The details of forestry planning are regulated by the government.

1. The Forest Development Plan regulates forestry management on a supra-company and comprehensive basis.

2. It includes at a minimum an analysis of the forest condition, the long-term goals of forest functions, as well as the general silvicultural, technical, and infrastructural measures. Site conditions and natural hazards must also be taken into account.

3. The Forest Development Plan requires the approval of the affected municipalities as well as the authorization of the government. It is binding on authorities.

1. The Forest Development Plan shall be publicly displayed for 30 days at the office and in the affected municipalities. The announcement of the display shall be made in the official publication organ of the canton.

2. During the display period, any person may submit proposals and objections. The government shall decide on these in the course of approving the Forest Development Plan.

1. The Management Plan regulates forest management by forestry enterprises. It must be prepared by all forest owners with more than 40 hectares of forest area.

2. The Management Plan includes at least an analysis of the forest condition and development at the enterprise level, as well as the corresponding objectives for silvicultural measures and timber utilization. It also regulates performance monitoring.

3. The Management Plan requires approval from the Authority.

1. In the management of the forest, the requirements of protective function, timber utilization, and welfare must be appropriately considered.

2. If required by the protective function, the canton ensures the minimum forest maintenance.

**1. The Management Plan as the Basis for Timber Use.**

1. The basis for timber use is the management plan.

2. Timber use and maintenance interventions in the forest require approval from the forestry service.

3. In private forests, owners may use up to three cubic meters of wood per year and hectare for personal needs without official forestry approval, provided they do not claim any subsidies for this use. The usage requires prior consultation with the local forestry office.

4. The canton may operate forest nurseries and seedling plantation areas for the production of seeds.

1. The government regulates the details of forest management. In particular, it identifies the exceptions to the clear-cutting prohibition and issues the necessary provisions for the restoration of clearings, as well as for the prevention and remediation of forest damage.

1. To observe the natural development of forests as well as to preserve the biodiversity of fauna and flora and special forms of use, forest reserves can be designated.

2. Forest reserves require the consent of the forest owners.

3. The department is responsible for the contribution assurance and the conclusion of the corresponding contracts.

1. The sale of forests owned by municipalities and public-law entities, as well as the division of forests, is approved by the Department.

2. Private forests with a total area of less than two hectares generally may not be divided. The Department decides on justified exceptions.

1. The office promotes, supervises, and coordinates the training and continuing education of forestry personnel. The canton covers up to 50 percent of the recognized costs.

2. The canton may participate in the forestry personnel training institutions and provide them with financial support.

3. It ensures free advisory services for forest owners.

1. The canton may grant contributions for scientific research in the field of forestry and timber industry, as well as for the collection of data on forests.

1. The canton may assign tasks to cantonal and regional associations that serve forest management and wood utilization.

2. The prerequisite for granting cantonal contributions is the conclusion of a performance agreement.

1. The canton may, in accordance with federal law, grant contributions for promotion measures in the areas of protection against natural hazards, protection of protective forests, biological diversity of the forest, and forest management.

1. For measures to protect against natural hazards and to fulfill the functions of the protective forest, the canton grants contributions of up to 80 percent of the recognized costs.

2. For measures to preserve and enhance biological diversity in the forest and to improve the economic efficiency of forest management, the canton provides contributions of up to 70 percent of the recognized costs.

3. In exceptional cases with predominant cantonal interest, contributions can be increased up to 100 percent of the recognized costs.

4. The contributions are assured within the framework of forestry projects or based on performance agreements.

1. The canton may provide contributions for young forest maintenance, for the separation of forest and pasture, for forest development, as well as for other measures stipulated in the forest development plans.

2. The contribution from the canton is determined particularly by the significance and economic efficiency of the project. It amounts to a maximum of 50 percent of the recognized costs.

1. Eligible for contributions are specifically measures for the monitoring of forests as well as the prevention and remediation of extraordinary forest damage caused by fire, diseases, pests, pollutants, and natural events that endanger the preservation of the forest.

2. In forests with a protective function or significant biological diversity, the canton may, within the framework of corresponding concepts, provide contributions for the prevention of wildlife damage.

3. The amount of the contribution is at most 80 percent of the recognized costs.

1. The costs for the development of the forest management plans are borne by the Canton.

2. As part of the preparation of the operational plan, the Canton assumes the costs for the baseline survey for forests with a protective function and significant ecological importance. The remaining expenses are to be borne by the forest owners.

1. The office is responsible for the provision of investment loans. These are granted in accordance with the federal forestry legislation.

1. The Head of the Office directs and supervises the Cantonal Forest Service.

1. The forest areas are divided into forest districts with district stewardship.

2. The government approves the division of districts, taking into account regional circumstances and the tasks to be accomplished. The forest owners must be consulted in advance.

3. The district stewardship ensures an appropriate organization of the forest district. Its statutes must be approved by the agency.

4. Only individuals with higher forestry education may be admitted to lead forest districts. They are subject to the agency's professional and technical oversight.

1. Sovereign supervisory, control, and enforcement tasks are assigned to the district organizations. The compensation for these tasks is carried out within the framework of performance agreements.

2. The department is responsible for ensuring compensation and concluding the performance agreements. It may delegate these powers, in whole or in part, to the office.

3. Municipalities may issue forest regulations. These must be approved by the office.

1. The determining factor for the calculation of the cantonal contribution is the expenditure of the district authorities.

2. The cantonal contribution for sovereign supervisory, control, and enforcement tasks is divided into a basic contribution, which compensates a portion of the basic expenses according to the forest area, and a performance-related compensation for forestry maintenance measures that the district authorities effectively carry out according to the performance agreement.

3. Additional services provided on behalf of or in consultation with the office are to be compensated separately. This specifically includes services in the area of natural hazards.

1. If a forest management entity does not fulfill its obligations, a reduction or withdrawal of the contribution occurs. In serious cases, a substitute performance can be ordered.

2. The substitute performance is carried out by the authority or its representatives. The costs are charged to the defaulting forest management entity.

1. The canton supports the establishment of management communities and other measures to improve management conditions and may provide contributions for this purpose.

2. The amount of the contribution is determined by the efficiency and effectiveness of the measures.

1. Any person who intentionally or negligently violates this law, or any ordinances and decrees based on it, shall be punished with a fine of up to 40,000 Swiss Francs, unless the offense is already punishable under federal law. Attempt and complicity are punishable.

2. In minor cases, the penalty may be waived.

3. Representation relationships are assessed according to Article 29 of the Swiss Criminal Code. The legal entity, the company, or the collective entity shall be jointly liable for fines and costs.

4. Municipalities may punish violations of municipal law as offenses, provided they are not already punishable under federal or cantonal law.

1. Municipalities are responsible for the collection of fines in accordance with federal law on administrative fines.

1bis. The procedure is governed by the Federal Administrative Fines Act.

2. The prosecution and adjudication of other forestry-related offenses fall under the jurisdiction of the regular criminal authorities.

1. The department may order the restoration of the lawful state.

2. In the event of non-compliance, a substitute performance will be carried out at the expense of the obligated parties.

1. The Cantonal Forest Law of June 25, 1995 is repealed.

1. If the issuance or revision of land-use plans occurred without the delineation of forests and construction zones according to Article 11, the dynamic forest definition shall still apply. In this case, the determination of forest status takes place before the realization of specific construction projects.

1. This law is subject to an optional referendum.

2. The government determines the date of this law's entry into force.