Nature and Landscape Protection Act (NLG) - Purpose (NLG)

1. The purpose of this Act is to

a. protect native animals and plants, their habitats, and their surroundings,

b. restore or promote the restoration of habitats of native animals and plants that have been impaired or destroyed,

c. preserve landscapes from impoverishment or disfigurement and enrich barren landscapes,

d. support fundamental research and efforts to protect nature and landscapes.

1. Every individual has a duty to take care of nature and the landscape.

1. The canton and municipalities shall ensure that the population is informed about the necessity of nature and landscape protection, the objectives and content of the protective measures, and the possibilities for individual initiative.

2. The authorities of the canton and municipalities shall cooperate with each other and with private organizations dedicated to nature and landscape protection and agriculture and forestry in the dissemination of information as well as in the preparation and implementation of protective measures.

3. The canton may involve the municipalities in its surveys and measures.

1. The administrative offices designated as responsible by the government council in the regulation shall conduct the ongoing affairs of nature and landscape protection, insofar as this law does not provide otherwise. They participate in the development and implementation of nature conservation measures of the canton, advise the municipalities on their tasks in this area, and grant exemptions pursuant to Article 22 paragraphs 1 and 2 of the Federal Act on the Protection of Nature and Cultural Heritage of July 1, 1966.

2. The government council may establish advisory commissions for specific subject areas.

3. Unless the municipality has stipulated otherwise in its legislative enactments, the municipal council is the competent authority of the municipality.

4. The regulations regarding spending competence remain reserved.

1. Fulfillment of Public Duties Shall Particularly Include

a. Planning, construction, and modification of buildings and facilities by the canton, municipalities, and other public legal entities,

b. Granting of concessions and permits for buildings and facilities,

c. Provision of contributions for planning, construction, and facilities.

1. The authorities of the canton and the municipalities shall ensure that, in the execution of public duties, the landscape and the habitats of animals and plants are preserved and fundamentally maintained.

2. If the impairment of habitats worthy of protection through technical interventions cannot be avoided, after balancing all interests, the party responsible must ensure special measures for their optimal protection, restoration, or adequate compensation in the sense of ecological balance.

3. The obligations to observe nature and landscape protection apply regardless of the classification of the object in the sense of § 16.

4. The authorities fulfill these obligations by

a. planning, designing, and maintaining their own buildings and facilities accordingly or refraining from their construction,

b. granting or refusing concessions and permits, possibly under conditions and stipulations,

c. granting or refusing contributions, possibly under conditions and stipulations.

1. If decisions or resolutions by the canton or municipalities have significant impacts on landscapes or the habitats of animals and plants included in the inventories pursuant to § 15, the opinion of the competent office must be obtained in advance.

1. The Executive Council supports efforts for a nature-friendly agriculture and forestry that protects wild animals and plants and ensures the diversity of the landscape.

1. New ecological compensation areas are intended to secure the survival chances of existing animal and plant species. They serve

a. to expand and connect existing and isolated near-natural habitats for animals and plants,

b. to create new habitats for animals and plants,

c. to support near-natural soil use,

d. to enhance the landscape.

2. Ecological compensation areas particularly include near-natural hedges, field shrubs, forest edges, open streams, small water bodies, as well as extensively used agricultural land and slopes.

1. Municipalities shall ensure that in areas of intensive use, both within and outside of settlements, a sufficient number of ecological compensation areas are available. Ecological compensation areas are to be established and maintained, in particular, on properties belonging to the canton and the municipalities.

2. If the stock of ecological compensation areas is insufficient or if the interrelations among them are disrupted, the municipalities shall provide for supplementation or networking.

1. The municipalities, in cooperation with the competent authority, issue a master plan for the desired additions or linkages of ecological compensation areas.

2. The ecological conditions of the surrounding municipalities must be taken into account.

3. The master plan is to be established within five years after the enactment of this law. It is to be publicly announced.

1. The supplementation or interconnection of ecological compensation areas shall be carried out through agreements with the landowners and managers.

2. If important interrelations among the ecological compensation areas are interrupted, the municipality may order the supplementation or interconnection by ordinance or decree.

3. If neither the owner nor the manager is willing or able to implement the measures ordered by ordinance or decree themselves, they are required to tolerate the substitute performance.

1. Particularly deserving of protection may be the following habitats of animals and plants

a. standing and flowing waters, their banks and floodplains,

b. heaths, moors, swamps, spring and tall herbaceous meadows,

c. poor meadows and dry sites,

d. hedges, field copses, and forest edges with their fringes, as well as valuable individual trees,

e. natural forests,

f. rock, scree, and boulder meadows,

g. alpine grasslands,

h. secondary sites such as quarries, gravel and marl pits, peat and clay bogs,

i. roosting and breeding sites of endangered animal species in structures.

1. Species Worthy of Protection Include Specifically Animal, Plant, and Fungi Species

a. whose populations have significantly declined in recent decades,

b. that have never been common, or

c. whose populations cannot be ensured without protective measures.

1. Particularly deserving of protection may be the following landscapes

a. Lake and river landscapes,

b. Richly structured landscapes with a high density of diverse habitats,

c. Landscapes that are unique due to their geomorphology,

d. Traditional cultural landscapes with extensive high-stem orchards or other features resulting from special cultivation,

e. Viewpoints,

f. Rock formations, gorges and caves, karst formations, landslide areas, and especially surface forms created by glaciers and water effects,

g. Geological outcrops, erratics, mineral and fossil sites,

h. Landscape elements of historical significance (historical paths).

1. The Governing Council shall issue an inventory of objects of regional significance after consulting the affected municipalities. An administrative court appeal is excluded.

2. The classification as an object of regional significance is based on criteria such as rarity, endangerment, uniqueness, typical character, scientific and educational value, location, diversity, size, and distribution.

3. The inventory contains a description of the objects, the relevant criteria for their classification, and statements regarding the necessary protective measures.

1. Municipalities shall issue an inventory of objects that hold local significance.

2. Administrative and judicial appeals against the issuance of the inventory are excluded.

1. The inventories of objects of regional and local significance are to be issued within five years after the entry into force of this law.

1. The inventories must be regularly updated.

1. The competent authorities of the canton and the municipalities shall examine if and which measures for the protection and maintenance of objects of national, regional, and local significance are necessary.

1. Protective Measures Are Considered

a. Protective zones in zoning plans and regulations in building and zoning regulations,

b. Protection ordinances,

c. Orders concerning individual objects that affect only one landowner,

d. Agreements with landowners or managers.

2. Protective measures by municipalities should be implemented as part of local planning whenever possible.

3. Protective measures by the canton are usually carried out through protection ordinances.

4. The details of protection and maintenance are generally to be established through agreements with the landowners or managers.

5. Protection and maintenance can also be ensured through the acquisition of properties or real rights, or through land consolidation.

1. The Government Council shall issue the necessary regulations, and the otherwise competent authorities of the canton shall take the necessary measures for the protection and maintenance of objects of national and regional significance, for the preservation of hedges, field groves, and riparian vegetation, and for the protection of endangered animal, plant, and fungal species.

2. The affected municipalities shall be heard.

3. The Government Council may transfer the authority for protection and maintenance, in whole or in part, to the affected municipality.

1. The municipalities shall take the necessary measures for the protection and maintenance of objects of local significance.

2. ...

1. The Protection Measures Shall Include

a. A precise designation of the protected objects,

b. The purpose of the protection,

c. The protective regulations, ownership restrictions, as well as any maintenance and restoration measures,

d. The fundamental nature of any compensations.

1. In the protective regulations and orders, property restrictions may be imposed.

2. Insofar as other measures are insufficient, real estate or real rights may be expropriated.

1. If the canton implements a protective measure, the competent authority may establish a maintenance plan. The affected municipalities, operators, and landowners must be heard.

2. If the municipality implements a protective measure, it may establish a maintenance plan. The affected operators and landowners, and, in the case of objects of national or regional significance, the competent authority must be heard.

3. The maintenance plan regulates the execution of use and maintenance within the framework of the protective measure.

1. The maintenance of protected areas is generally left to the land managers.

2. Maintenance agreements can be made with the land managers. The landowners should usually be consulted or informed about the agreements made.

3. If the land manager is not willing to carry out the intended use and maintenance measures, they and the owner can be compelled by order of the competent authority to allow the measures to be carried out by third parties.

1. Exceptions to the protective provisions in ordinances may be granted if they are in the interest of the protection objective or if extraordinary circumstances exist and the application of the protective provisions is unreasonable. The protection objectives must not be significantly impaired.

2. In the case of exceptional permits for construction projects outside the construction zones, §§ 180-182 of the Planning and Construction Law apply. For other exceptional permits, the responsible agency decides on cantonal protective measures, otherwise the municipality does.

3. Exceptional permits for constructions and installations or activities that affect a protected object must be accompanied by a condition to create substitutes in the immediate vicinity in the sense of ecological compensation.

1. If it is not possible for the applicant to replace the impaired object, they must pay an amount into the Nature and Landscape Protection Fund.

2. The amount is determined by the approval authority. It is generally to be used for ecological compensation in the vicinity of the object.

3. The amount is based on the expenses for replacing the impaired area or for compensation measures in case of disrupted interactions. It includes the costs for the necessary land acquisition, any construction measures, replanting, payments required by law, and maintenance contributions for a period of ten years as well as for any other demonstrable expenses.

1. Restrictions on property due to this law that are equivalent to expropriation shall be fully compensated.

2. The procedure and compensation for expropriations or property restrictions similar to expropriation are governed by the Expropriation Act.

1. Managers are entitled to appropriate contributions to their expenses resulting from protective measures or measures for ecological balance under this law. They are also entitled to appropriate compensation for their loss of earnings as a result of such measures.

2. The amount of contributions and compensations depends in particular on

a. the effort for management,

b. the management conditions,

c. the loss of earnings with appropriate use of the location,

d. the ecological quality, namely biodiversity.

3. Compensations for the same services based on other legal grounds, particularly agricultural legislation, will be credited. Double payments are excluded.

4. The compensations are to be determined in orders or contracts with a term of no more than ten years. After the expiration of this period, they are to be adjusted to changed circumstances or, if the conditions are met, replaced by maintenance contributions.

1. The canton may provide contributions to municipalities, private associations for nature and landscape protection, and individuals for

a. additional protection or maintenance measures,

b. the improvement or creation of new habitats for animals and plants,

c. the acquisition of land or property rights,

d. the undertaking of monitoring tasks,

e. scientific research and publications.

1. If contributions are not used for their intended purpose or if conditions and requirements are not met, the benefits may be wholly or partially suspended. Illegitimately received benefits may be reclaimed with interest of five percent.

2. Further details are regulated by the State Contributions Act of September 17, 1996.

1. The canton bears the costs of protection and maintenance measures for objects of national and regional significance.

2. The local municipality bears the costs of protection and maintenance measures for objects of local significance. The federal contributions to these costs are reimbursed to the municipalities according to their expenditures.

1. Recurring annual expenses shall be covered from the current account.

1. The canton maintains a fund for the protection of nature and landscape. The fund is used to finance the expenses incurred by the canton under this law for the acquisition of real estate or property rights and for other unforeseeable costs.

2. Amounts are transferred to the fund through the budget. Contributions from third parties, compensation fees, subsidies, and bequests for the protection of nature and landscape flow into the fund.

3. The government council has authority over the fund. It may delegate decision-making powers.

1. To ensure a future protection regulation, the competent authority may enact planning zones.

2. For cantonal protection measures, the government council is responsible.

3. In other respects, the provisions of the Planning and Building Act regarding the planning zone (§§ 83-85) shall apply.

1. Cantonal protection ordinances shall be publicly displayed for 30 days by the instructional authority designated in the ordinance by the governing council, while municipal protection ordinances shall be displayed by the municipality. The display must be publicly announced. The announcement must indicate the possibility of objections during the display period.

2. The affected property owners and managers shall be provided with the draft ordinance and the associated protection plan, along with a notice regarding the possibility of objections during the display period.

3. Objections must be submitted in writing during the display period, including a request and its justification, to the office specified in the public announcement and in the notification to the property owners.

4. The instructional authority shall review the objections for cantonal protection ordinances, and the municipality shall review them for municipal protection ordinances. They shall endeavor to amicably settle the objections.

1. The Executive Council enacts cantonal protection ordinances and decides on any objections against them. In the case of municipal protection ordinances, these powers are vested in the municipality. Municipal protection ordinances can be challenged by administrative appeal to the Executive Council within 20 days from the date of the decision.

2. The municipality submits municipal protection ordinances in the approved version to the Executive Council for approval. The Executive Council decides on any administrative appeals in conjunction with the approval.

3. The decision of the Executive Council under paragraph 2 can be appealed to the Cantonal Court through an administrative court appeal, insofar as the Executive Council rules on the appeals or issues orders in which there is a legitimate interest in their amendment or annulment.

1. If the principles of procedural coordination require it, the Government Council shall issue, together with its decisions as per § 45 paragraphs 1 and 2, all other necessary permits and orders from other cantonal authorities concerning the same matter. In these cases, the announcement of the decision shall be governed by § 196 paragraph 3 of the Planning and Building Act mutatis mutandis.

2. The municipality must publish the approval of municipal protection regulations in the Lucerne Cantonal Gazette.

1. The Procedure for Issuing Orders is Governed by the Administrative Procedure Act.

1. Any orders issued pursuant to the application of this law may be contested according to the provisions of the Administrative Procedure Act of July 3, 1972, unless this law provides otherwise.

2. Orders under this law, which are issued jointly and simultaneously with the necessary permits and orders for constructions and facilities in the same matter, may be contested according to the applicable provisions of the Planning and Construction Law, the Road Law, the Path Law, or the Water Construction Law.

**1. Entitled to Lodge Objections and Appeals under this Law:**

a. Individuals who have a legitimate interest in the rejection of an application or in the amendment or annulment of a contested decision, resolution, or draft,

b. Cantonal authorities against applications and drafts, as well as against decisions and resolutions from municipalities, provided that the application, draft, decision, or resolution concerns a matter that, according to organizational legal provisions, falls within the responsibilities of the cantonal administration,

c. Organizations entitled to lodge appeals under federal law in the fields of environmental, nature, and heritage protection, as well as their sections active in the Canton of Lucerne, in the cases provided for therein,

d. Other organizations in the fields of environmental, nature, and heritage protection or agriculture and forestry, which, according to their statutes, have been dedicated to environmental, nature, or heritage protection or agriculture and forestry in the Canton of Lucerne for five years, within the framework of their statutory purposes, insofar as the interests of environmental, nature, or heritage protection or agriculture and forestry are affected,

e. Other individuals, authorities, and organizations empowered by the legal system to do so.

**2. If an objection procedure is conducted prior to the issuance of a decision or resolution made under this Law:**

a. Only those who participated as a party in the objection procedure, or

b. Those who are subsequently affected in their legitimate interests by the decision or resolution, may lodge an appeal.

1. The Government Council exercises supervision over the implementation of the law.

2. ...

3. The responsibility for monitoring compliance with the protective measures and issuing orders for suspension and restoration lies with the public entity that enacted the protective measures. The Government Council may delegate certain control tasks, which fall under the jurisdiction of the canton, to the municipalities or private associations for nature and landscape protection.

1. In cases of violations against the law or against ordinances or orders issued based on it, the competent authority shall issue orders to maintain the existing condition of protected objects.

1. Anyone who damages an object protected by law may be obliged to reverse the unlawfully taken measures at their own expense or to bear the costs arising from the elimination of the damage.

2. Instead of the perpetrator, the property owner may also be required to restore the lawful condition at their own expense if they have entrusted the protected object to the perpetrator and cannot prove that they exercised all due diligence required under the circumstances to prevent such damage, or that the damage would have occurred even if such diligence had been exercised.

3. If no responsible person can be identified and the property owner is not required to undertake restoration, the community that enacted the protective measure shall ensure the restoration.

4. The restoration measures must be tolerated by the property owner and the cultivator.

1. If the competent cantonal authorities impose public-law ownership restrictions in accordance with Article 962, Paragraph 1 of the Swiss Civil Code of December 10, 1907, these must be noted in the land register.

**1.** Any person who intentionally and without authorization destroys or severely damages an object that is protected by a regulation or order issued based on the law shall be punished by imprisonment for up to one year or a monetary penalty. In minor cases or if the offender acts negligently, the penalty is a fine of up to 40,000 Swiss Francs.

**2.** A fine of up to 20,000 Swiss Francs, in minor cases up to 5,000 Swiss Francs, shall be imposed on anyone who

a. fails to fulfill a condition or obligation that was tied to the granting of a cantonal or municipal contribution, with reference to these penal provisions,

b. violates a prohibition issued in a regulation or order based on this law, with reference to these penal provisions; the procedure for administrative fines remains reserved.

1. To the extent that penal provisions in building and zoning regulations threaten imprisonment of up to one year or a fine of up to 100,000 Swiss Francs as a penalty pursuant to § 53 paragraph 1 of this Act, a term of imprisonment of up to one year or a monetary penalty shall take its place. To the extent that they threaten detention or a fine as a penalty, a fine shall take its place.

1. The Act on Management Contributions for Agriculturally Used Steep Slopes and the Planning and Building Act shall be amended in accordance with the Annex.

1. The Government Council shall issue the necessary implementing provisions in an ordinance, particularly regarding the details and procedures concerning care contributions and compensations, as well as the monetary amounts pursuant to § 30.

1. The law comes into force on January 1, 1991. It is subject to an optional referendum.