Roads Ordinance (StrV) (OS)

1. The Government Council

a. exercises the duties and powers assigned to it in the Road Act of March 21, 1995,

b. * participates in collaboration with federal authorities in the planning and general design of national roads (Art. 10, 11 para. 2, 13, and 19 of the Federal Act on National Roads of March 8, 1960).

2. The Department of Construction, Environment, and Economy

a. is the competent department according to the Road Act,

b. acts as the instructional authority when the Government Council decides on road or construction line plans, on cantonal road projects, or as a cantonal authority within the meaning of §§ 66a paragraph 2b or 71b paragraph 2a of the Road Act,

c. * ...

3. The Office for Traffic and Infrastructure

a. exercises the duties and powers assigned to the competent office under the Road Act, to the road administration authority for cantonal roads, and to the canton under the Federal Act on National Roads, unless otherwise regulated in this ordinance and the remaining legal framework,

b. acts as the instructional authority when the Department of Construction, Environment, and Economy decides on cantonal road projects in the simplified project approval procedure.

4. The Office for Space and Economy

a. authorizes the intensified public use of a cantonal road (§ 22 para. 1 and 2 of the Road Act),

b. grants the concession for the special use of a cantonal road (§ 23 para. 1 and 2 of the Road Act),

c. approves the construction or modification of a private access road or entrance to a cantonal road (§ 32 para. 1 of the Road Act),

d. approves the junction of a public road into a cantonal road (§ 33 para. 1 of the Road Act),

e. acts as the instructional authority when the Department of Construction, Environment, and Economy decides as a cantonal authority within the meaning of §§ 66a paragraph 2b or 71b paragraph 2b of the Road Act,

f. orders in individual cases the enlargement of the minimum distance of new buildings and facilities from a cantonal road (§ 84 para. 6 of the Road Act),

g. approves exceptions to statutory road distances on cantonal roads (§ 88 para. 1 of the Road Act),

h. designates visibility zones on adjacent land for cantonal roads (§ 90 para. 4 of the Road Act),

i. * ...

5. The Office for the Environment and Energy

a. exercises the duties and powers assigned to the road administration authority by the Introductory Act to the Federal Act on Environmental Protection for complying with regulations against noise during the construction or modification of road traffic facilities (§ 18 of the Introductory Act to the Federal Act on Environmental Protection, EGUSG, of March 30, 1998),

b. carries out the renovation of existing traffic facilities and implements noise protection measures on existing buildings (§ 18 EGUSG).

1. Municipalities may categorize municipal roads into a maximum of three classes within a regulation.

2. Municipal roads of the 1st class primarily serve the traffic between municipalities, the connection of municipal parts, and access to cantonal roads. They predominantly have a connection function, are generally traffic-oriented, and often serve as axes for public transportation.

3. Municipal roads of the 2nd class primarily serve traffic within the municipality, providing major access and connecting neighborhoods to higher-order roads. They predominantly have a collection function and are generally both usage- and traffic-oriented. They may also serve as axes for public transportation.

4. Municipal roads of the 3rd class serve the fine access to neighborhoods and lead into traffic- or usage-oriented municipal roads. They predominantly have an access function and are generally usage-oriented.

1. Municipalities may classify service roads into a maximum of three categories through a regulation.

2. First-class service roads primarily serve agricultural and forestry purposes. They provide access to larger parts of the municipality. Additionally, they may hold significance for tourism and recreational traffic.

3. Second-class service roads are generally truck-accessible roads that provide access to individual or multiple agricultural properties, alpine areas, or larger expanses of open land or forest.

4. Third-class service roads are generally not truck-accessible roads or management paths with an important access function for alpine areas, open land, or forests.

1. For the temporary use of cantonal roads, a fee must be paid. The fee amounts to

a. Construction installations, construction works, barracks, containers, tents, and the like: CHF 0.10 to 0.40 per m² per day,

b. Information and advertising boards, shop displays, depending on location: CHF 20 to 100 per m² per year, but at least CHF 20,

c. Trash containers: CHF 100 to 300 per container per year,

d. Display cases: CHF 400 to 1400 per year,

e. Pavement cafés and boulevard restaurants, depending on location: CHF 20 to 80 per m² per year (This rate applies to an area of up to 100 m². For additional m² used, the fee is 50 percent, and from 300 m², 25 percent of the rate per m² per year.),

f. Sales stands, depending on location: CHF 100 to 400 per m² per year,

g. Concerts, theaters, exhibitions, circuses, and the like: 2-5 percent of the gross revenues after deduction of any ticket tax,

h. All other uses of cantonal roads, depending on intensity of use, duration of use, and economic benefit for the entitled party: CHF 2.50 to 10 per m² per day.

2. The usage fee is based on the national consumer price index of 102.8 points in December 1995 (base May 1993 = 100 points). If this index increases by more than 5 points, the fee will be adjusted accordingly from January 1 of the following year.

**1. For the permanent use of cantonal roads, a one-time fee is to be paid. The calculation is based on the square meter price of the traffic value of the property adjoining the cantonal road (reference value). The fee is as follows:**

a. *In floors below ground level, per m² of used area, 10 percent of the reference value per floor,

b. In ground floors, per m² of used area, 25 percent of the reference value,

c. In other floors

1. For bay windows, per m² of used area, 12 percent of the reference value per floor,

2. For all other building parts and structures, per m² of used area, 4 percent of the reference value per floor,

d. For sheet pile walls, excavation enclosures, piles, anchors, walls, pipelines, and similar structures below grade, per m² of used area, 10 percent of the reference value,

1. In individual cases, the fee may be waived or reduced if

a. the intensity and duration of use are low, or

b. the beneficiary derives only an insignificant economic benefit, or

c. a charitable purpose is thereby promoted, or

d. there is an overriding public interest in the use of public land.

2. No fees shall be charged for canopies, roof overhangs, and insulation against heat loss.

1. On public parking areas with more than 40 parking spots, at least one parking spot per 40 parking spaces must be designated for the disabled. Depending on the need and feasibility, parking spaces for the disabled should also be provided in smaller public parking areas.

2. The design of parking spaces for the disabled follows the Swiss Standard SN 521 500 on barrier-free construction.

1. The Government Council determines the state contributions to the construction of municipal roads in the event of extraordinary natural occurrences.

2. The state contribution amounts to 10 to 40 percent of the construction costs. It is determined particularly by the topographical conditions, the extent of the damage, and the financial resources of the municipalities and the landowners.

3. A state contribution is only granted if the construction costs amount to at least 20,000 francs.

1. The interested landowners are to form a cooperative in accordance with Sections 17 et seq. of the Introductory Act to the Swiss Civil Code of November 20, 2000 (EGZGB), insofar as it is necessary for the construction and maintenance of an agricultural road or a private road. If a voluntary association does not materialize, the municipality shall decide on the establishment of a cooperative.

2. Each participating plot of land constitutes one vote. If multiple participating plots are owned by one party, the owner has only one vote, unless the statutes provide otherwise.

3. The cooperative statutes govern the particulars, in particular membership, organization, and financing.

4. Until the cooperative is constituted, the municipality shall take the necessary measures to fulfill the purpose of the cooperative.

1. The road project must include

a. Overview plan,

b. Site plan,

c. Longitudinal profile,

d. Cross-sections,

e. Standard profile.

2. The road project must contain further details as needed, in particular

a. Expropriation plan and expropriation register,

b. Building line plan,

c. Technical report,

d. Cost estimate,

e. Drainage and utility plan,

f. Signaling and marking plan,

g. Planting and equipment plan,

h. Measures pursuant to environmental and nature protection law,

i. Plan of structures.

3. For cantonal roads, the Department of Traffic and Infrastructure must obtain the opinions of the affected municipalities and interested cantonal offices before the public presentation of the road project or before initiating the simplified project approval procedure in accordance with § 72 of the Road Act.

4. The early submission of the draft land acquisition contract to the affected property owners can generally be waived

a. when acquiring areas under 20 m², or

b. if the affected property owners cannot be located within a reasonable timeframe with reasonable effort.

1. Cantonal Authority within the Meaning of §§ 66a Paragraph 2b and 71b Paragraph 2b of the Road Act is

a. * the Department of Construction, Environment, and Economic Affairs, if the decision of the municipality according to § 66 Paragraph 1 or the project approval according to § 71b Paragraph 1 of the Road Act needs to be coordinated with approvals or orders from at least one department,

b. the Office for Spatial Development and Economics in other cases.

1. If the decision of the municipality pursuant to § 66 paragraph 1 or the project approval pursuant to § 71b paragraph 1 of the Road Act is to be coordinated with other approvals or orders on the same matter, the provisions in § 61 of the Planning and Building Ordinance of October 29, 2013, shall apply accordingly.

1. The granting authority refers the appellants with private law objections to the civil judge.

1. When there are no significant public or private interests opposing, a decision can be made in the simplified project approval procedure according to § 72 of the Road Act for

a. road projects that are geographically limited with few, clearly identifiable affected parties,

b. road projects that do not significantly change the external appearance and have only a negligible impact on space and environment,

c. temporary road projects,

d. road projects with construction costs up to 200,000 Swiss Francs,

e. other road projects when justified in specific cases upon examination.

2. If, in addition to the project approval under the Road Act, further permits or decisions are required for the same matter, and the principles of coordination necessitate it, a regular project approval procedure must also be conducted for the road projects mentioned in paragraph 1.

1. In the construction and maintenance of roads, the recognized rules of road construction technology must be observed.

2. Deviations from the rules, particularly the standards of the Swiss Association of Road Specialists (VSS), may be made in favor of simpler and more cost-effective standards, if the circumstances permit.

1. The clearance profile is defined by the clear height and the clear width.

2. The measurement of the clearance profile is determined according to the standards of the Swiss Association of Road Experts (VSS).

3. The road administration authority may grant exceptions, provided that traffic safety is not compromised.

1. The delegation of specific tasks related to the construction of cantonal roads to a municipality or third parties requires that the construction project is listed in the construction program according to § 45 of the Road Act or can be assigned to a general category.

2. The construction project must comply with the requirements applicable to the construction of cantonal roads and must be submitted to the Traffic and Infrastructure Office for review. Upon their approval, the municipality or third parties can submit a request to the government council for the delegation of specific tasks related to the construction of cantonal roads. The financing of the road project by them must be demonstrated in the request.

3. For construction decisions, § 46 of the Road Act applies. The project approval procedure is governed by §§ 67-71 and 72 of the Road Act.

1. For the procedure for granting approval of construction measures within planning zones, the relevant cantonal regulations concerning the approval of buildings and facilities in the Planning and Construction Act of March 7, 1989, the Road Act, the Path Act of October 23, 1990, or the Water Construction Act of June 17, 2019 apply accordingly. The same applies to other orders concerning property that are subject to approval requirements by the Federal Council pursuant to Article 15, Paragraph 1 of the Federal Act on National Roads.

2. In cases of unlawful construction measures within the planning zones, the authority responsible under the decrees mentioned in Paragraph 1 ensures the restoration of the lawful condition according to the provisions of the Administrative Procedure Act of July 3, 1972.

1. The municipalities must make the general project available to the public for a period of 30 days. The public notice of the display must be made. The affected property owners must be given the opportunity to express their opinions during the display period.

2. The municipalities must comment on the general project within 30 days after the expiration of the display period, taking into account the results of the consultation process.

3. The government council submits its proposals, including the statements from the municipalities, to the competent federal office.

1. For the procedure concerning the approval of construction measures within the national highway boundaries, the relevant cantonal regulations for the approval of buildings and facilities in the Planning and Building Act, the Road Act, the Path Act, or the Water Construction Act apply accordingly.

2. In the case of unlawful construction measures within the national highway boundaries, the authority competent under the enactments mentioned in paragraph 1 ensures the restoration of the lawful state according to the provisions of the Administrative Procedure Act.

1. Land required for the construction of national roads is to be acquired through private negotiation, provided that an agreement on reasonable acquisition conditions can be reached. The Real Estate Office drafts the land acquisition contracts and presents them to the competent authority for resolution.

2. If the Government Council orders the implementation of a land reallocation procedure (Art. 36 of the Federal Act on National Roads), the provisions of §§ 86 et seq. of the Planning and Construction Act concerning land reallocation shall apply mutatis mutandis in addition to the federal regulations. The Transport and Infrastructure Office assumes the tasks and authorities assigned to the municipality under the Planning and Construction Act.

3. If the land required for the construction of the national roads cannot be acquired either through private negotiation or in the land reallocation procedure, it is to be expropriated.

1. For the construction, expansion, and operation of ancillary facilities on road areas (such as gas stations, supply, food, and accommodation establishments, as well as the associated parking spaces), a concession from the government council is required.

2. The concession document must specify the necessary conditions and requirements, as well as the concession fees.

1. Insofar as no provision can be derived from the Federal Act on National Roads, the implementing regulations of the Federation, and this Ordinance, the Road Act shall apply mutatis mutandis.

1. The following decrees are repealed

a. Ordinance on the Designation of Cantonal Roads of Class I and II and Municipal Roads of Class I in the City of Lucerne as well as the State Contributions to the Maintenance Costs of these Roads dated July 7, 1987[14],

b. Decision on the Re-definition of the Network of Municipal Roads dated June 12, 1967[15].

1. The regulation shall enter into force retroactively as of January 1, 1996. It is to be published.