Public Paths Act (WegG) - Footpath Network (WEGG)

1. The municipal development plan pursuant to § 10a of the Planning and Construction Act includes the footpath network with the footpaths that are to be changed or newly constructed.

1. The regional development agencies shall issue a regional partial master plan for the hiking trail network in accordance with Article 3 of the Federal Act on Footpaths and Hiking Trails of 4 October 1985 (FWG). The affected municipalities are to be involved in the planning.

2. Municipalities that do not belong to a regional development agency are required to issue a master plan for the hiking trail network within their area. They may also issue a joint master plan for their areas or join a regional development agency to issue a joint master plan. In doing so, the provisions of the Municipal Act regarding cooperation between municipalities shall apply.

1. The municipalities construct, maintain, and mark the public footpath and hiking trail networks within their territory. They may delegate these tasks to interested organizations.

2. If roads simultaneously serve as footpaths and hiking trails, the responsibilities of the municipalities extend as far as the roads are used for this purpose.

3. Subject to reservation are

a. special legal relationships,

b. the provisions of the Road Act[5] concerning paths that are components of a road.

1. The construction of public footpaths and hiking trails is the responsibility of the municipalities.

2. The expenses for the construction include the costs for planning, acquisition of rights, construction execution, adjustment work, and initial marking.

1. The municipalities bear the costs for the structural and operational maintenance of public footpaths and for the structural maintenance of public hiking trails.

2. They ensure that the footpaths and hiking trails remain in good condition and can be accessed freely and as safely as possible. Agricultural and forestry use is guaranteed.

3. The municipalities may, through regulations, assign certain obligations of the operational maintenance of footpaths, such as cleaning, lighting, and snow removal, or portions of the associated costs, to the interested landowners.

4. The municipalities also bear the additional expenses for the maintenance of agricultural and forestry service roads, which are components of the hiking trail network and are not equipped with a hard surface, even though such a surface would be appropriate under the given conditions.

1. The municipalities mark the footpaths and hiking trails according to the guidelines of the federal government and the canton. In doing so, they cooperate with interested organizations. An appeal to the administrative court is excluded.

2. For signs and facilities on private land, § 114 of the Planning and Construction Act applies.

1. The municipalities decide on the construction of new and the modification of existing public footpaths and hiking trails, as well as the necessary credit. An appeal to the administrative court is excluded.

2. Jurisdiction is determined by the authority to grant credit.

1. Footpaths and hiking trails may only be constructed or substantially altered if a path project has been approved.

2. A project approval is not required if a building permit procedure under the Planning and Building Act or a project permit procedure under the Roads Act or the Waterways Act is conducted.

1. The provisions in Sections 188, 191, 192, and 193-195 of the Planning and Construction Act regarding the building permit procedure apply mutatis mutandis. In this context, the authority responsible for project approval of the municipality is considered the leading authority, provided that no building permit is required and no project approval procedure pursuant to the Road Act or the Water Construction Act needs to be carried out.

2. The municipality conducts any objection negotiations.

1. The municipality shall decide, without delay and after the expiration of the objection period, on the road project and the public-law objections raised against it, as soon as the responses from the interested cantonal authorities are received or the deadline set for them has lapsed without response.

2. If the project approval is to be coordinated with other permits or rulings, the provisions of §§ 192a and 196 of the Planning and Building Act shall apply. If no building permit is required, the cantonal authority responsible shall be

a. the government council, if a decision of the government council is also required on the same matter, otherwise

b. the authority designated by the government council in the ordinance.

3. The government council or the authority according to paragraph 2b shall issue, in one decision, all necessary permits and rulings of cantonal authorities that need to be coordinated with the project approval and shall ensure the substantive alignment of the necessary conditions and stipulations.

1. For the projects designated by the government council in the regulation, which can be decided upon in a simplified project approval process, it is stipulated, notwithstanding the provisions in §§ 12 and 13, that

a. the project does not need to be staked out or marked,

b. the project does not need to be publicly announced or made available for public inspection,

c. the project must be notified to adjacent landowners and other affected property owners who have not consented to the project by signature, with a notice that they may file an objection within 10 days,

d. * ...

1. The state provides contributions, based on a performance mandate, to private specialist organizations that participate in the planning, development, and maintenance of footpaths and hiking trails. An administrative court appeal is excluded.

2. The financing is governed by § 83 of the Road Act.

1. In the case of public footpaths, municipalities may impose up to 65 percent of the construction, modification, and maintenance costs on the interested landowners using the assessment procedure.

1. The authorities shall take into account pedestrian and hiking trails in the fulfillment of their duties. If these are affected, an opinion must be obtained from the competent department.

2. In planning, construction, and maintenance of the paths, the authorities shall consider the interests of agriculture, forestry, and nature and landscape protection.

3. Pedestrian, hiking, cycling, and equestrian paths shall be coordinated with one another.

1. Authorities may alter or discontinue footpaths and hiking trails using the procedures prescribed for construction, with Article 7 paragraphs 1 and 2 of the FWG being applicable.

1. If public footpaths and hiking trails are abolished or replaced, the costs shall be borne by the party responsible for the measure.

1. If bicycle paths are components of a road, the provisions of the road law apply.

2. In other cases, municipalities may construct bicycle paths. For the construction and financing of these bicycle paths, the provisions regarding hiking trails apply accordingly, and for the maintenance of bicycle paths, the provisions regarding footpaths apply accordingly. The marking is subject to the provisions of road traffic law [7].

3. Municipalities may allocate up to 65 percent of the municipal share of the construction, modification, and maintenance costs to interested property owners through the perimeter method.

1. Municipalities may construct, modify, maintain, and mark public paths, such as riverbank and bridle paths.

2. The provisions in Sections 7-14 regarding the construction and maintenance of footpaths and hiking trails apply mutatis mutandis. For bridle paths, municipalities may enter into public-law contracts with private riding organizations regarding the costs of construction and maintenance.

3. The provisions of the Road Act concerning paths that are components of a road, and those of the Water Construction Act regarding paths for water maintenance, remain reserved.

1. Private paths, which constitute installations within the meaning of the law, are to be constructed and modified according to the path projects approved by the municipality.

1. Municipalities may construct or modify private roads if the property owners cannot reach an agreement and a petition from interested property owners is submitted.

2. The municipality decides on the petition and the project following the submission and objection procedure. It may also initially decide solely on the petition.

3. The petition can only be granted if

a. the construction or modification is in the interest of the development of a larger area, or

b. the majority of the interested property owners agree.

4. The costs are to be distributed by the municipality according to the perimeter assessment method.

1. Property owners shall bear the costs for the maintenance of private roads.

2. If the property owners cannot agree on the costs, the municipality, upon request, shall apportion them according to the perimeter method.

3. Upon request by the property owners, the municipality may also designate sections that each party is responsible for maintaining.

1. The municipality may declare existing paths as public. Upon public declaration, a right of way is expropriated as an easement.

2. The provisions in § 14 of the Road Act regarding the procedure of public declaration apply accordingly.

3. The municipality shall register the easement in the land register. If the public declaration is revoked, the registration can be deleted.

4. The municipality may amend or revoke the public declaration. For paths included in the plans, Article 7 Paragraphs 1 and 2 of the FWG apply.

1. Public roads may be used free of charge and without special permission, in accordance with their intended purpose, design, local conditions, and applicable regulations.

1. All decisions and rulings issued in application of this law may be appealed to the Cantonal Court via an administrative court appeal within 20 days, unless this law provides otherwise.

1. Authorized to file objections and appeals under this law are

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

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

c. Organizations entitled under federal law in the field of environmental, nature, and heritage protection as well as in the case of pedestrian and hiking trails, including their sections operating in the Canton of Lucerne in the instances provided therein,

d. Other organizations in the field of environmental, nature, and heritage protection, which have been dedicated in accordance with their statutes for five years to environmental, nature, or heritage protection or pedestrian, hiking, cycling, or riding trails in the Canton of Lucerne, within the framework of their statutory purposes, insofar as the interests of environmental, nature, or heritage protection or concerns regarding the trails are affected,

e. Other individuals, authorities, and organizations authorized by the legal system.

2. If an objection procedure is conducted before issuing a decision or resolution enacted under this law, only those may appeal who

a. Participated as a party in the objection procedure, or

b. Are subsequently affected in their legitimate interests by the decision or resolution.

1. To the extent that this law does not provide otherwise, the offices designated as competent by the government council in the ordinance shall monitor the fulfillment of tasks arising from the federal regulations on footpaths and hiking trails and from this law. They shall support the planning, construction, and maintenance of the footpath and hiking trail networks.

2. The competent department exercises supervision over matters related to the trails.

3. The government council issues implementing regulations.

4. Unless the municipality provides otherwise in its legislative enactments, the competent authority of the municipality shall be the municipal council.

1. The Expropriation Act, the Law on Water Construction and Hydropower (Water Construction Act), and the Road Act are amended in accordance with the Annex.

1. The master plans for the footpath and hiking trail network must be developed within two years after the law comes into effect.

2. ...

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