Cantonal Forest Act (KWaG) - Purpose (KWaG)

1. This law regulates the implementation of the Federal Law on Forests (Forest Law, WaG) and forestry in the canton of Lucerne.

2. Its purpose is

a. to preserve the forest in its area and spatial distribution,

b. to protect the forest as a natural, interconnected living community,

c. to ensure that the forest can fulfill its functions, namely the protective, welfare, and utilization functions (forest functions),

d. to promote and maintain forestry, particularly the use of the forest as a renewable source of raw materials and energy, as well as the use of local wood.

3. Furthermore, it shall help to ensure that people and significant property values are protected from natural events such as avalanches, landslides, erosion, and rockfall.

1. The definition in Article 2 of the Forest Law applies to the term "forest."

2. The following minimum criteria must be met

a. Area including an appropriate forest edge: 800 m²,

b. Width including an appropriate forest edge: 12 m,

c. Age of the stock on regeneration areas: 20 years.

3. If the stock particularly fulfills welfare or protective functions, it shall also be considered as a forest even if it does not meet the minimum criteria.

1. The administrative offices designated as competent by the government council in the ordinance shall enforce the forestry regulations, unless this law provides otherwise.

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

1. The competent authority is the cantonal deforestation permit agency.

2. The public announcement and submission of the deforestation application shall comply with the procedural regulations of the project for which the deforestation is requested. The same applies to objections against the deforestation project.

1. The compensation contribution that the recipient of the deforestation permit must provide, pursuant to Article 9 of the Forestry Act, corresponds to half of the added value generated by the new use. The determining factor for calculating the added value is the difference between the market value of the forest land (deforestation area) and the value of the new land use made possible by the deforestation, minus the reforestation replacement costs.

2. The competent authority shall determine the compensation contribution.

3. This contribution is to be allocated to the cantonal fund for forest preservation.

**1. Insofar as the request for forest determination is not associated with a deforestation application, the competent authority shall decide on the matter.**

**2. When issuing and revising land use plans pursuant to the Federal Act on Spatial Planning of June 22, 1979, the municipality must apply for forest determinations from the competent authority:**

a. *In areas where construction zones border or are intended to border the forest in the future,*

b. *In areas outside of construction zones, where an increase in the forest area should be prevented according to the cantonal structure plan.*

1. Anyone present in the forest must protect the forest floor, the plants growing in the forest, as well as the animals and their breeding habitats and resting places.

1. The public generally has free access to the forest.

2. Installations that restrict access to the forest are prohibited. Simple agricultural livestock fences are an exception.

3. Where forest preservation or other public interests require, access to the forest may exceptionally be restricted. The government council shall regulate the details in the ordinance.

1. Events in the forest that may affect the preservation of the forest or other public interests, specifically the protection of plants and wildlife, require approval. The government council, through regulation, specifies the type and size of these events.

2. The competent authority grants approval for these events. It may attach stipulations and conditions to the approval.

1. Riding and bicycling in the forest are only permitted on forest roads, paved forest paths, or specially marked trails. Exceptions are regulated by the government council in the ordinance.

1. In addition to the exceptions established by the federal government, forest roads may be used as necessary for the following purposes

a. Agriculture and alpine farming,

b. Construction and maintenance of works,

c. Hunting and wildlife management by lessees and sworn game wardens of the respective hunting district.

2. The competent authority or the agency designated by it may also grant temporary permission for the use of forest roads in justified individual cases.

1. For the construction, structural alteration, or change in the use of a forestry building or facility in the forest, the competent authority must be consulted.

2. For non-forestry minor buildings and facilities in the forest that do not require a deforestation permit, the approval decision of the competent authority is required.

3. The government council regulates further details in the ordinance.

1. Existing rights to adverse uses, such as specifically the suppression of trees or grazing in the forest, must be redeemed. If necessary, the government council grants the competent authority the right of expropriation in accordance with the Expropriation Law of June 29, 1970.

2. For important reasons, the competent authority may approve such uses under stipulations and conditions.

1. The distance of buildings and facilities from the forest is determined by the Planning and Building Act of March 7, 1989.

2. The distance of roads from the forest is determined by the Road Act of March 21, 1995.

3. Reforestations must maintain a distance of at least 20 meters from buildings, facilities, and construction zones.

1. The competent authority grants the use of environmentally hazardous substances in the forest, insofar as this is permissible under forestry and environmental protection legislation.

1. The depositing of introduced solid and liquid substances of any kind in the forest is prohibited.

2. Waste left in the forest, whose originator cannot be identified, shall be disposed of by the municipalities at their own expense.

**1. The canton, in cooperation with the municipalities, develops the foundations for planning and coordinating measures for protection against natural events in accordance with Article 15 of the Federal Ordinance on Forests (Forest Ordinance) of November 30, 1992. Hazard maps are created by the municipalities according to the requirements of the federal government and the canton, subject to special circumstances.**

**2. The responsible service office organizes the establishment and operation of early warning services in accordance with Article 16 of the Forest Ordinance.**

**3. ...**

1. The securing of hazardous areas according to Article 17 of the Forest Ordinance and the monitoring of sources of danger are, unless special legal relationships exist and unless explicitly stated otherwise,

a. the responsibility of the canton if measures are to be implemented entirely or predominantly for the protection of cantonal buildings and facilities,

b. the responsibility of the municipality in all other cases.

2. For forestry measures according to Article 17 paragraph 1a of the Forest Ordinance, the provisions for the care and use of the forest apply.

3. Measures according to paragraph 1 can be ordered where the protection of people or significant property values requires it. They require a project approval insofar as they do not involve monitoring and maintenance work.

4. A building permit from the municipality is not required if the buildings and facilities are part of a protection project according to paragraph 3.

5. For the planning, coordination, and execution of the measures, as well as for the approval process, the following apply accordingly

a. in the case of paragraph 1a, §§ 11 and 16-21 of the Water Construction Act of June 17, 2019,

b. in the case of paragraph 1b, §§ 71a-72 and 74 of the Road Construction Act.

6. The government council regulates further details in the ordinance.

1. The municipality determines the measures according to § 17a paragraph 1b within its jurisdiction.

2. If measures are to be financially supported by the federation, the municipality submits a planning of measures to the competent authority as a basis for the program agreement with the federation and for the registration of individual projects. The competent authority must be involved at an early stage in the planning and designing as well as in the implementation.

1. The municipalities cooperate insofar as individual measures according to § 17a paragraph 1b require it.

2. In the absence of willingness to cooperate or in the case of disagreement, the government council decides on the necessary measures.

1. In managing the forest, the principles according to Article 20 of the Forest Law must be taken into account. In particular, during management, the stands of one's own and neighboring forest properties must be preserved, and during stand establishment and young forest maintenance, the site conditions must be considered.

2. The canton, the municipalities, the forest owners, and the organizations to which tasks have been assigned according to § 40, work together in partnership for this purpose in the planning of forest management and in the maintenance and utilization of the forest, particularly for sustainable management.

3. In the development of new instructions and implementation provisions for forest management by the competent authority, the involvement of the forest owners is ensured.

1. The competent authority may process factual and personal data for the planning of forest management and the maintenance and utilization of the forest. For this purpose, it operates a central database.

2. The competent authority may disclose or make accessible through a retrieval procedure factual and personal data concerning the areas of organizations to which tasks have been delegated according to § 40, for the purpose of fulfilling their duties.

3. To secure and promote self-help measures in the forestry and timber industry, it may disclose information on timber usage of forest owners who are not members of an organization to the corresponding private institutions of the forestry and timber industry.

4. The government council shall regulate the details, particularly regarding the data that may be disclosed or made accessible, in the ordinance.

1. The competent authority prepares Forest Development Plans (FDP) for the entire cantonal area, taking into account the guidelines of the cantonal master plan. The governing council enacts the FDP. An administrative court appeal is excluded.

2. The Forest Development Plans provide insight into specific forest areas regarding site conditions, forest functions and their prioritization, as well as the intended developments. They do not restrict property ownership but are binding on the authorities.

3. FDP drafts must be made available for public inspection for 30 days. The inspection must be publicly announced.

4. Individuals, organizations, and authorities from the affected area can comment on the draft. This right must be mentioned in the announcement. The competent authority responds to the received opinions on behalf of the governing council.

5. The Forest Development Plans must be reviewed and, if necessary, adjusted within the framework of cantonal master planning. An earlier review is possible if conditions have changed, new tasks arise, or a comprehensively better solution is possible.

1. The governmental council designates forest reserves and natural objects of special significance within the forest after consulting the forest owners. An administrative court appeal is excluded.

2. The form and content of the protective measures are governed by the Nature and Landscape Protection Act of September 18, 1990.

3. Where the preservation of reserves and natural objects requires, the competent authority may conclude long-term contracts with the forest owners.

1. A permit is required from the competent authority or the designated agency for felling trees in the forest with a trunk diameter of 20 cm or more, measured at 1.3 meters above the natural ground level.

2. The utilization permit is granted if the intervention aligns with the silvicultural objectives and the significant forest functions according to the overarching plan. It is issued

a. as an annual permit when it is based on operating plans or annual utilization plans,

b. as an individual permit in other cases.

3. The permit is free of charge and limited to three years.

4. The permit can be granted without marking for personal use if the annual utilization quantity is less than 10 m³.

5. After extraordinary damage events in the forest, the competent authority may provision exceptions to the permit requirement.

1. The competent authority may exceptionally permit clear-cutting within the framework of the regular utilization approval process if special silvicultural objectives are being pursued.

1. Any subdivision of private forest requires the approval of the competent authority.

2. Approval is granted if the subdivision leads to a strengthening of forest functions.

3. Further details are regulated by the government council in the ordinance.

1. The sale and division of forests owned by municipalities require approval from the Executive Council. This approval may only be granted if the sale or division leads to the strengthening of forest functions or if it allows for the realization of a project in which the public interest outweighs forestry interests.

2. State-owned forests with a predominant protective function may generally not be sold or divided. The Executive Council may grant exceptions for the purpose of land consolidation.

3. The sale or division of other state-owned forests requires the approval of the Cantonal Council if the forest area exceeds 50 hectares. For forest areas under 50 hectares, the Executive Council is responsible. Approval may only be granted if the sale or division leads to the strengthening of forest functions or if it allows for the realization of a project in which the public interest outweighs forestry interests.

1. The competent authority additionally monitors, alongside the forest owners, the health condition of the forest, particularly the spread of pests and diseases.

2. It orders measures in accordance with Article 27, Paragraph 1 of the Forest Act.

1. The wildlife populations shall be regulated according to the principles of wildlife biology so that natural forest regeneration with site-appropriate tree species is ensured without protective measures. For this purpose, the responsible hunting society, in agreement with the competent authority or the body appointed by it, shall prepare a culling plan in accordance with the hunting law provisions. The parties involved shall cooperate in monitoring the success.

2. Where the objective mentioned in paragraph 1 cannot be achieved, measures shall be taken to prevent wildlife damage.

3. The government council shall regulate the details in the ordinance.

1. The competent authority, with the involvement of professional associations and forestry organizations, ensures the courses in apprenticeship training as well as the further education and training of all forestry personnel. It can declare courses mandatory.

2. To ensure occupational safety, Article 21a of the Forestry Law applies.

3. The canton may contribute to the costs of forestry specialist and special courses.

4. The Government Council may enter into agreements with other cantons regarding the establishment, expansion, and operation of forestry educational institutions.

1. The canton shall provide free advisory services to forest owners, insofar as these services help to preserve the functions of the forest, particularly its protective, welfare, and productive functions. The government council shall regulate further details in the ordinance.

2. The competent office shall obtain the information necessary to fulfill the tasks of the forest service, particularly for monitoring sustainability. The provisions of Article 33 of the Forest Act shall apply accordingly.

3. The competent office shall ensure appropriate information is provided to authorities, the public, and forest owners regarding the significance and condition of the forest, as well as regarding forestry and the timber industry.

1. The canton promotes the use of domestic wood as a building and construction material as well as an energy source in all its activities. It supports measures to promote the use of wood and wood research.

2. In the planning of cantonal and municipal buildings, as well as buildings subsidized by the canton, the use of timber construction and wood energy must be included in the evaluation. In doing so, ecological criteria must also be considered.

1. The canton supports organizations that have been assigned tasks according to § 40 with contributions.

2. It may furthermore promote third-party services for the preservation of forest functions with contributions.

1. The canton and municipalities shall bear the respective costs of their responsibilities for protection against natural events, subject to special legal relationships.

2. The municipality may transfer the costs of the measures pursuant to § 17a paragraph 1b to the interested parties in whole or in part according to §§ 109-112 of the Planning and Building Act through the perimeter procedure.

3. If an execution exceeding the required standard is decided at the request of municipalities and third parties, they must bear the additional costs.

1. The canton and municipalities shall use the following resources for their respective responsibilities

a. Contributions from the federal government,

b. Contributions from the canton, municipalities, and third parties according to this law,

c. Prevention contributions from the Luzern building insurance,

d. Other resources provided for this purpose.

2. The contributions from the federal government towards the costs of municipal tasks shall be reimbursed to the municipalities in accordance with their expenditure.

1. The canton shall make an appropriate contribution to municipal measures pursuant to § 17a paragraph 1b, if this results in the elimination of measures under cantonal jurisdiction or allows them to be carried out more cost-effectively.

2. In addition, the canton may contribute 10 to 30 percent to the costs of the municipal measures pursuant to § 17a paragraph 1b.

1. Municipalities make a reasonable contribution to measures according to § 17a paragraph 1b of other municipalities, in whose execution they have a particular interest.

2. Additionally, municipalities and third parties make a reasonable contribution to measures according to § 17a paragraph 1b when such measures eliminate the need for or allow for the more cost-effective execution of measures they are obligated to undertake.

3. The amount of the contribution is determined by the benefits and advantages they derive from the measures. In the event of a dispute, the government council sets the contribution.

1. The Canton promotes, within the framework of available credits, primarily

a. * ...

b. * measures necessary for the preservation of the forest and the fulfillment of its functions according to § 1 paragraph 2c,

c. measures that contribute to the conservation and enhancement of biodiversity in the forest,

d. measures that improve the economic efficiency of forest management,

e. forestry training and education,

f. public relations work.

2. The measures must be carried out economically, expertly, and in accordance with the principles of near-natural forest management. Measures can also be ordered outside the forest.

3. The Canton may condition its financial contributions on the following

a. that recipients make an appropriate contribution to the costs,

b. * ...

c. * ...

d. that third parties, particularly beneficiaries or those causing damage, are involved in co-financing,

e. that a lasting resolution of conflicts, favorable to forest preservation, is achieved,

f. that recipients participate in self-help measures of the forestry and timber industry.

**1. Contribution to Costs of Measures**

1. The canton may contribute between 10 to 50 percent to the costs of the measures according to § 31 paragraph 1. In cases of hardship, these contributions may be increased by up to 10 percent.

1bis. Contributions can also be disbursed based on target agreements.

2. The canton covers the remaining costs for measures in forests with special protective functions after deducting any contributions from municipalities and third parties. § 31 paragraph 3 remains reserved.

3. For measures in favor of nature and landscape conservation in the forest, the canton may provide contributions based on contractual agreements.

1. The competent authority shall decide on the granting of federal investment loans within the scope of available credits and shall establish the loan conditions in accordance with the provisions of federal law.

2. The government council shall regulate the details in the ordinance.

1. For measures according to § 31 paragraph 1 with significant benefits for individual municipalities, these municipalities can make contributions.

2. Furthermore, municipalities and third parties contribute an appropriate amount to measures in forests with special protective functions if such measures eliminate the need for or enable less costly execution of obligations they are required to fulfill. The contribution is determined by the benefits and advantages they derive from these measures. In the event of a dispute, the competent authority makes the decision.

1. The competent department manages the cantonal fund for forest conservation in accordance with § 5.

2. The government council issues regulations on the use of the funds.

1. The competent authority shall determine the boundaries of the forest districts and divide the forest districts into forestry areas. An administrative court appeal is excluded.

2. Simultaneously with the delineation, the duties and competencies of the district foresters as well as the forest rangers must be established.

**1. Forest owners within a forestry district may form a cooperative under cantonal law for the joint management of forestry projects in accordance with §§ 17 ff. of the Introductory Act to the Swiss Civil Code dated November 20, 2000. The formation is subject to Article 703 of the Swiss Civil Code dated December 10, 1907.**

**2. The Executive Council regulates the procedure.**

1. The canton operates its own forestry enterprises to fulfill tasks related to forest maintenance, forest protection, nature and landscape conservation, and the management of state forests. The state forestry enterprises particularly ensure the training of forestry workers.

1. The competent authority may delegate specific tasks related to forest management planning, as well as the maintenance and utilization of forests, to public or private legal entities or to forest owners with larger forest areas.

2. It concludes service agreements with them. These agreements specifically regulate

a. the tasks to be performed,

b. the quality and scope of task fulfillment,

c. * the compensation,

d. * the reporting with proof that the tasks were fulfilled in accordance with economic, ecological, and sustainable principles pursuant to § 1, paragraph 2.

3. It may, upon request, delegate to them the advisory service for non-organized forest owners in their area.

4. It may authorize them to assume, in agreement with the forest owners, their representation in wood utilization and approval procedures for funding projects.

1. If organizations that have been assigned tasks pursuant to § 40 cannot agree on the delimitation of their areas, the competent authority shall determine the areas after consulting with the parties involved.

1. A fine of up to 20,000 francs shall be imposed on anyone who intentionally conducts events without a permit as per § 9, engages in adverse uses as per § 13, violates §§ 10, 12, 15, 16, or 17a paragraph 3 of this law, or contravenes a prohibition contained in a regulation issued based on this law.

2. If the offender acts negligently, the penalty is a fine.

3. Attempt and complicity are punishable.

4. The penal provisions of federal law remain reserved.

1. Forest authorities monitor the implementation of federal and cantonal regulations concerning forests.

2. In cases of reasonable suspicion of violations against forestry regulations, they are obliged to stop offenders, record their personal details, and report all known offenses and infringements to the prosecution authorities.

2bis. In cases of violations against federal forest law identified during the activities of the Lucerne police and to which the administrative fine procedure is applied, this authority issues administrative fines. Wild keepers also issue administrative fines for violations of access regulations when entering and driving on forests or forest roads, pursuant to § 47 of the Cantonal Hunting Law.

3. During official actions, forest authorities must present identification regarding their authorization.

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 Parties to File Objections and Appeals under This Law:**

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

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

c. Organizations entitled to file complaints under federal law in the fields of environmental, nature, and heritage protection, as well as their sections operating in the Canton of Lucerne in the cases provided therein,

d. Other organizations in the fields of environmental, nature, and heritage protection or agriculture and forestry, which have, according to their statutes, dedicated themselves for five years to environmental, nature, or heritage protection or agriculture and forestry in the Canton of Lucerne, within the scope of their statutory purpose, provided that the interests of environmental, nature, or heritage protection or agriculture and forestry are affected,

e. Other persons, authorities, and organizations that the legal system empowers.

**2. In the Event an Objection Procedure is Conducted Prior to the Issuance of a Decision or Resolution Pursuant to This Law, an Appeal May Only Be Filed By:**

a. Those who participated as a party in the objection procedure or

b. Those whose legitimate interests are subsequently affected by the decision or resolution.

1. Anyone who violates a federal or cantonal regulation concerning the forest, or a decision issued based on such regulation, or fails to fulfill a condition or obligation, must rectify the unlawful situation at their own expense.

2. The competent authority must ensure the restoration of the lawful condition in accordance with the provisions of the law on administrative legal proceedings.

1. The costs of measures taken or ordered by the competent authority to avert an imminent threat or impairment to the forest, as well as to identify and remedy it, shall be charged to the culpable perpetrator.

1. The Forestry Act of February 4, 1969, is hereby repealed.

1. Proceedings pending at the time of the entry into force of this Act shall be continued under the new law by the authority that was competent under the old law. Pending administrative court complaints shall be decided in accordance with the previous law.

1. The Executive Council determines the commencement.

2. The law is subject to an optional referendum.