Forestry Ordinance (WaVSO) - Purpose and Scope (WaVSO)

1. This ordinance aims to protect the forest and ensure the implementation of the Federal Act on Forests of October 4, 1991 (FoA), the Ordinance on Forests of November 30, 1992 (FoO), and the Forest Law of the Canton of Solothurn of January 29, 1995 (FoL SO).

1. The Cantonal Executive Council oversees the implementation of federal and cantonal forest legislation and is responsible in all cases where no other authority's jurisdiction is specified by the legislation.

1. Responsible Department in accordance with the Forest Act SO and this ordinance is, unless expressly designated otherwise, the Department of Economic Affairs (hereinafter referred to as the Department). It manages the entire forestry sector based on legal foundations, overarching plans, and the decisions of the Government Council and Cantonal Council. It is responsible for proactive planning and submits proposals to the Government Council in a timely manner for the resolution of measures.

2. To protect the forest from imminent interventions or to eliminate unlawful conditions, the Department may order and immediately enforce measures (Art. 50 para. 2 Forest Act).

1. Competent Cantonal Enforcement Authority is the Office for Forests, Hunting, and Fishing.

1. Forests in the legal sense are considered, regardless of origin, type of use, and designation in the land register, under consideration of Article 13 WaG, any area stocked with forest trees or forest shrubs that

a) has a minimum size of 500 m² and

b) a minimum width of 12m.

2. For growing areas, it must also have

a) a canopy coverage of over 0.3 (including shrubs) and

b) an age of the stocking of at least 15 years.

3. ...

1. A small isolated forest area between 500 m² and 3600 m² is considered a field grove in the sense of § 5 lit. b of the Ordinance on Forest Determination and Forest Distance of June 15, 1993 (VWW) and constitutes a forest in the legal sense.

2. ...

1. For the procedure for determining the forest and the forest boundary and for delimiting forest and construction zones, the provisions of the Ordinance on Forest Determination and Forest Distance of June 15, 1993, shall apply.

2. The forest boundary runs 2 meters outside the connecting line of the outermost rootstocks (center of stock) of the stocking with forest character.

3. If a parcel boundary runs within the 2-meter zone or there is another clear demarcation within this zone (such as a wall, roadside, or similar), this shall be considered the boundary of the forest area.

4. The district forester is responsible for determining the forest within the context of the delimitation of forest and construction zones.

5. The determination of forest and forest boundary is regulated by the Office for Forests, Hunting and Fisheries in a directive.

1. The provisions of the WaV and the federal guidelines apply to the clearance procedure.

2. The department publicly announces the receipt of the clearance application and makes the documents available for inspection for 30 days. In justified exceptional cases, the inspection period is 10 days.

3. The application requires the consent of the forest owners, provided they are not identical with the applicant.

4. If a clearance project simultaneously requires a zoning procedure under PBG, the provisions of the Ordinance on Procedural Coordination and Environmental Impact Assessment of 28 September 1993 apply.

1. Objections to the deforestation project must be submitted in writing and with reasons to the Department within the deadline for public display, or to the lead authority in the case of a land use planning procedure under the Planning and Building Act (PBG).

1. Together with the deforestation decision, the department determines the amount of any replacement and/or compensation payments.

2. The deforestation decision must be made public and communicated to the Federal Office.

3. The execution of the deforestation may only take place upon receipt of the felling permit, which is issued by the Office for Forests, Wildlife, and Fisheries.

4. The Office for Forests, Wildlife, and Fisheries supervises all replacement measures and reports their completion to the Federal Office.

1. For the assessment of the compensatory payment according to Article 8 of the WaG, the provisions of federal law shall apply. The amount of the compensatory payment corresponds to the difference between the costs of an equivalent real replacement and the costs of the provided substitute performance.

2. Determinative for the amount of the compensatory payment are, in particular

a) Land acquisition costs;

b) Planning costs;

c) Expenses for the establishment of the substitute performance;

d) Costs for the protection and maintenance of the compensatory measure.

1. The compensatory levy is determined according to the advantages expected from the deforestation permit.

2. The following criteria are particularly considered for the assessment

a) Purpose of the deforestation;

b) Duration of the loss of forest area;

c) Difference in value compared to similar land in open terrain;

d) Exploitation possibilities of gravel, stone, clay, etc.

3. The compensatory levy is owed upon the issuance of the logging permit.

1. If the preservation of the forest or other public interests necessitate the restriction of accessibility to certain forest areas, the government council shall decide on the proposal of the Office for Forest, Hunting and Fisheries and after hearing the forest owners and any affected third parties.

2. Public interests within the meaning of paragraph 1 include, in particular

a) the protection of particularly valuable habitats;

b) the protection of soil, plants, and wildlife;

c) water protection;

d) the protection of historical or geological objects or civil or military installations in the forest;

e) protection against dangers such as rockfall, avalanches, or landslides.

3. For sporting events in the forest, the Office for Forest, Hunting and Fisheries shall prepare recommendations.

4. Measures for the prevention of wildlife damage must be approved by the Office for Forest, Hunting and Fisheries. In the case of enclosures, hunting leasehold associations must be consulted in advance.

**1. Large Events in the Forest Requiring Permits**

Large events in the forest requiring permits are understood to be occasions which, due to the number of participants or the use of technical equipment, are likely to impose excessive demand on plants and animals.

2. These include, in particular

a) National and international orienteering events;

b) Similar events with more than 250 participants, provided they do not take place exclusively on forest roads or official hiking trails;

c) Cycling events with more than 100 participants. Subject to the Regulation on Road Traffic of March 3, 1978;

d) Equestrian events with more than 25 horses;

e) Open-air events involving the use of technical equipment.

1. The application must be submitted to the Office of Forests, Hunting, and Fisheries at least two months before the event.

2. For the installation of facilities and installations (such as barriers, refreshment stands, and similar structures), the consent of the affected forest owners must be attached to the application.

1. The affected hunting associations and district foresters are to be consulted.

1. The approval of the department may be accompanied by safeguarding conditions and provisions, and, if necessary, by securities for damages that are typically expected to arise.

2. The approval may be refused if the timing, location, routing, or the frequency of events requiring approval in the same area is deemed unsuitable.

1. The following are subject to notification

a) Orienteering events and similar activities with 100 to 250 participants;

b) Events with over 250 participants, provided they take place exclusively on forest roads or official hiking trails.

2. The notification must be submitted to the Office for Forests, Hunting, and Fisheries at least two months before the event is held. § 17 applies correspondingly.

3. The event may be prohibited for the reasons stated in § 18 paragraph 2.

1. Authorized to drive motor vehicles on forest roads are

a) persons entitled under federal law;

b) those who construct and maintain forestry buildings and facilities or public works in the forest;

c) those who perform statutory tasks in the interest of hunting or those who rely on a motor vehicle to pursue hunting activities;

d) those who manage agricultural properties, for which the optimal access is via the respective forest road;

e) those who possess an exemption permit from the department.

1. In cases where it is not clearly recognizable that a forest road exists, as well as in cases where the driving ban is not observed in practice, the Office of Forests, Hunting, and Fisheries shall, ex officio or upon request of the forest owners, order the installation of signage or other measures.

2. The order for signage, after consultation with the forest owners and the local municipalities, shall be published in the municipality's official publication organ.

3. Within 10 days from the publication, an objection, in writing and with reasons stated, can be filed against the order with the Department.

1. The conformity of constructions and facilities in forest zones is determined by the Department of Construction and Justice, upon consultation with the Office for Forests, Hunting, and Fisheries.

2. The conformity of constructions and facilities in forest zones is established in a guideline.

3. Conforming constructions and facilities must not be used for purposes other than those intended.

1. Simple, open recreational and hunting facilities in the forest are considered minimal or insignificant uses of forest land that do not impair the functions or management of the forest.

2. This includes

a) simple fire pits and modest rest areas with a maximum of 20 seats;

b) sports and educational trails;

c) forest festival sites without permanent facilities;

d) open shelters made of wood with a maximum covered area of 40 m² and without sanitary facilities.

3. The approval of the Department of Construction and Justice for the establishment of such recreational and hunting facilities is granted if it is in the public interest, the project requires no additional development, and the forest owner consents.

1. Non-Zone Compliant Buildings and Facilities Require an Exception Permit According to Article 24 of the Federal Act on Spatial Planning of June 22, 1979 (SPA), as well as a Deforestation Permit or a Permit for Adverse Use.

1. As detrimental uses that are impermissible within the meaning of Article 16, Paragraph 1, of the Forest Act (WaG), the following are considered in particular

a) the suppression of trees;

b) grazing in forests, except in landscape-typical pasture forests;

c) permanent Christmas tree plantations;

d) rights of way.

2. Exceptions to the prohibition are granted by the Department if significant reasons are demonstrated that outweigh the interest in maintaining the forest intact and do not sustainably impair the function or management of the forest.

3. The permit may be issued with stipulations and conditions.

1. Natural Forest Management Requires in Particular

a) the preference for native tree species appropriate to the location;

b) the promotion of natural forest regeneration;

c) a sustainable age and tree species structure;

d) soil and stock-preserving timber harvesting methods;

e) the protection of particularly valuable habitats and other natural objects.

1. Where the protective function according to Article 20 Paragraph 5 WaG requires it, the Government Council may obligate the owners, with compensation in accordance with § 26 WaG SO, to implement minimal measures.

2. If the owners do not fulfill the obligation within a reasonable period, the canton will carry out the required measures.

1. Forestry planning shall be conducted in accordance with Article 20 paragraph 2 of the WaG and taking into account cantonal structural planning.

2. The planning foundations shall include at least

a) the site conditions;

b) the condition and development of the forest;

c) the ownership conditions;

d) the forestry operational conditions; and

e) the nature and cultural objects worthy of protection.

1. The Office for Forestry, Hunting, and Fishing prepares and procures the planning bases. They are available for all types of planning.

2. The use of the bases by third parties is subject to a fee.

1. Regional Forest Planning covers the entire forest area of a geographically and economically interconnected region. The outcome is presented in the Forest Development Plan.

2. The Forest Development Plan provides information about the forest functions and their prioritization and establishes the necessary measures for the sustainable assurance of all forest functions. It defines the objectives for forest conservation and the framework conditions for forest management.

1. The Forest Development Plan serves to ensure the public interests in forests and is a management tool of the Office for Forests, Hunting, and Fisheries.

2. The Forest Development Plan informs the public about the condition and development of the forest and is open for inspection at any time. It serves to coordinate all authorities and private organizations entrusted with planning tasks in the forest.

3. The Forest Development Plan is binding for authorities.

1. The Office for Forests, Hunting, and Fishing prepares a draft of the forest development plan with the participation of interested parties.

2. The draft is made publicly available. The Office for Forests, Hunting, and Fishing must respond to the objections.

3. The forest owners and local municipalities that have raised objections can file an appeal with the Council of Ministers against a negative response within 10 days.

1. The Government Council approves the Forest Development Plan and simultaneously decides on the appeals pursuant to § 33.

1. The forest development plan shall generally be reviewed in its entirety every 10 years and revised if necessary.

1. The result of operational forestry planning is summarized in the operational plan.

2. The operational plan contains at least the following information

a) the operational characteristics;

b) the operational results of the past planning period;

c) the medium- and long-term operational goals;

d) the planned forest management;

e) the financial and investment planning;

f) the measures in the area of occupational safety;

g) the intended control measures.

1. It provides information on the objectives of a forestry enterprise or a forestry cooperative for the next planning period.

2. The requirements from the forest development plan must be implemented in the operational plan.

1. The Office for Forests, Hunting, and Fisheries approves the operational plan. An appeal against the approval decision can be filed with the Department.

1. The Office for Forests, Hunting, and Fishing shall specify in a directive which information and documents are required for the implementation and control of the operational plan.

1. The operational plan shall generally be revised every ten years.

1. Forest reserves have a long-term, but at least 50-year guaranteed objective, which serves particularly for the preservation and improvement of the biodiversity of flora and fauna.

2. Forest reserves are divided into natural forest reserves without any forestry measures and special forest reserves with measures justified by nature conservation or cultural history.

3. Mere renunciation of use is not sufficient to establish a forest reserve.

1. The Office for Forestry, Hunting, and Fishing is responsible for the planning and implementation of measures for the conservation and promotion of biological diversity in forests. It ensures coordination with the federal government and the cantonal agency for nature conservation.

2. The procedure for the establishment of forest reserves is governed by §§ 119 et seq. of the PBG.

3. The achievement of the objectives is to be reviewed periodically.

1. Permits for the use of timber are granted if they comply with the objectives of forestry planning.

2. Rejuvenation and thinning of riparian woodland are to be marked under the supervision of the district forester or the district forester (female).

1. Exceptions to the clear-cutting prohibition are granted by the Office for Forests, Hunting, and Fisheries only insofar as it is necessary for the protection of people or significant property values, as well as for the regeneration of light-demanding tree species or the preservation and promotion of rare or endangered species.

2. If the natural reforestation of clearings with site-native tree species is not to be expected due to the absence of seed trees or other causes, planting with site-appropriate trees and shrubs is possible.

1. The authorization for the sale of publicly owned forest may only be granted by the Department if the forest functions are not impaired and a consolidation occurs.

2. Forest divisions can be approved if

a) the forest functions and the forest management are not adversely affected;

b) there are no objections to the division based on forestry planning.

3. Subject to the provisions of the Swiss Civil Code, the federal and cantonal regulations on land improvements, and the Federal Act on Rural Land Rights.

1. Contributions pursuant to § 25 WaG SO are either financial assistance or compensations.

2. Contributions are only allocated if the statutory provisions and the forestry plans are adhered to.

3. ...

4. In the event of circumvention of § 40 paragraph 4 WaG SO, the contributions can be reduced or entirely revoked corresponding to the value of cash payments or other gratuitous benefits.

1. Compensations are contributions intended to mitigate or offset financial burdens arising from the fulfillment of legally mandated or public-law duties that have been delegated to the recipient by the federal government or canton.

2. Compensations are not graded according to the economic capacity of the recipients.

3. When assessing the compensations, any potential revenues as well as contributions from third parties who benefit or cause harm must be considered.

1. Financial assistance comprises contributions to support a self-selected task.

2. Financial assistance for citizen, resident, and unified municipalities shall be graduated according to the economic capacity of the recipients.

3. Financial assistance with compensation character shall not be graduated for

a) forestry measures that serve to ensure the safety of people and significant property values or to remedy damage following natural events, and

b) measures for the preservation and promotion of biological diversity in the forest pursuant to § 54 of this regulation.

1. ...

2. Net equity includes the balance sheet items under equity (Account No. 29) reduced by the net equity of special financing in the water supply equity (Account No. 29001) and any pre-financings of the special financing in the water supply (Account No. 29301). The relevant net equity also excludes the revaluation reserve (Account No. 296) and the appreciation reserve (Account No. 2950).

3. The basis for calculating the net equity is the municipal account of a base year. The base year is three years prior to the year in effect.

4. The net equity can be adjusted for

a) Entries that contradict the applicable accounting model;

b) Expenses for tasks that do not correspond to the actual field of activity of the citizen municipalities, provided they reduce the net equity.

5. Citizen municipalities are required to provide all necessary data.

1. The maximum contribution shall be granted if the net equity per hectare of managed forest area reaches or falls below the amount of zero francs.

1bis. The economic performance is measured in the case of financial aid to civil communities according to the net equity per hectare of managed forest area.

2. A minimal or no contribution shall be granted if the net equity per hectare of managed forest area reaches or exceeds the amount of 40,000 francs.

3. If the net equity per hectare of managed forest area is between the minimum and maximum contribution as per paragraphs 1 and 2, the contribution shall be adjusted linearly.

1. Economic Capacity Assessment for Financial Aid to Unified Municipalities is based on the Municipal Tax Rate. The applicable tax rate is the municipal tax rate for natural persons of the preceding year.

2. The maximum contribution is granted when the unified municipality has a municipal tax rate of 150 percent or more.

3. A minimal or no contribution is granted when the municipal tax rate is 100 percent or less.

4. If the municipal tax rate falls between the maximum and minimum percentages as stated in paragraphs 2 and 3, the contribution is adjusted linearly.

1. The scaling of financial aid for a forestry enterprise jointly operated by multiple forest owners corresponds to the sum of the graduations of the participating forest owners, weighted proportionally by the managed forest area.

1. The canton provides compensation for the costs of

a) the creation and updating of hazard maps as well as the creation of hazard and risk analyses;

b) the establishment and operation of measuring stations and the development of early warning systems to ensure the safety of settlements and transport routes;

c) the construction and periodic maintenance of protective structures and facilities as well as the replacement of previously approved protective structures and facilities;

d) the securing of rockfall, landslide, and erosion areas;

e) the maintenance of protective forests;

f) the creation and restoration of access facilities as far as they are necessary for protection against natural hazards.

2. The compensation amounts to 60 percent for measures according to paragraph 1 letter a, and 80 percent for measures according to paragraph 1 letters b-f of the eligible costs.

3. Third parties, who are beneficiaries or cause damage, must cover 20 percent of the remaining net costs for measures according to paragraph 1 letters b-f after deducting any proceeds.

1. The canton provides compensation for the costs of preventing and remedying extraordinary forest damage caused by fire, disease, pests, and pollutants that endanger the protective function of the forest.

1. The canton may provide financial assistance for the following measures

a) silvicultural measures such as maintenance, timber utilization, and transport, if the total costs are not covered;

b) the creation and restoration of access facilities, to the extent that they are necessary for management;

c) promotion of joint management;

d) in the event of exceptional timber occurrences, for storage and marketing promotion;

e) promotion of the use of wood as a raw material and energy source, as well as support for forestry and timber industry organizations that undertake measures to improve wood marketing and utilization.

1. The canton may provide financial assistance for the following measures

a) the establishment and maintenance of forest reserves and other ecologically valuable forest habitats;

b) the conservation and promotion of tree and shrub species that comply with the recommendations of forestry site mappings, as well as the prevention of wildlife damage to the same;

c) the conservation and promotion of traditional forms of forest management;

d) the procurement of forestry reproductive material from native, region-specific provenances.

1. The Canton ensures

a) the education of foresters at inter-cantonal higher forestry technical schools;

b) the mandatory training of forest workers employed in public forestry operations or private forestry enterprises, who are assigned with timber harvesting or work with hand-operated motorized equipment;

c) in cooperation with professional associations as well as forestry organizations and institutions, the further training of forestry wardens to foreman level;

d) training positions for interns in the degree programs of Forest Engineering (FH) and Master of Environmental Science, with a focus on forest and landscape management at ETH;

e) in cooperation with suitable training companies, the mandatory pre-study internship for the degree program in Forest Engineering (FH);

2. The Canton provides contributions to

a) the inter-company courses as part of the training of forestry wardens;

b) the further training of forestry personnel, forest owners, and farmers, particularly in the area of work safety.

3. The Office for Forest, Wildlife, and Fisheries regulates the details and the amount of contributions in specific directives.

1. Loans (Investment Credits) are particularly granted

a) as construction loans;

b) for financing the remaining costs of subsidized measures within the framework of program agreements and individual projects;

c) for the acquisition of forestry vehicles, machinery, and equipment as well as for the establishment of forestry facilities.

2. The Office for Forest, Hunting, and Fishing issues directives determining the criteria under which the canton will provide a guarantee for a federal loan.

3. No loans under 10,000 francs are granted.

1. The Office for Forests, Hunting, and Fisheries establishes the criteria for determining the compensations for the tasks referred to in § 30 paragraph 3 of the Forest, Wildlife, and Game Ordinance (WaG SO). The criteria particularly include the size of the forest district, the harvesting rate, private forest conditions, and the population size within the forest district.

2. The services and compensations are detailed in an agreement between the forest owners and the canton. The district foresters provide an annual report accounting for the fulfillment of the tasks referred to in § 30 paragraph 3 of the Forest, Wildlife, and Game Ordinance (WaG SO).

1. In forestry enterprises and forestry associations that employ certified forestry engineers holding an eligibility certificate as operations managers, the canton will assume the costs for the statutory duties that are typically performed by the Office for Forests, Hunting, and Fishing.

1. The grading of financial aid for measures relating to forest maintenance according to § 27 paragraph 2 of the Forest Act SO must not fall below 50 percent of the maximum possible contribution amount.

1. Calculation of Levies and Compensation Payments for Public Service Obligations shall be governed by the provisions for civic communities for the first three years following unification, and subsequently by the provisions for residential communities.

1. Contributions and dues of the same year shall be offset.

2. Contributions and dues shall be rounded to the nearest hundred francs in accordance with commercial principles.

3. Dues of municipal residents as well as net contributions and net dues of citizen municipalities under 500 francs shall neither be collected nor paid out.

1. The base year for the calculation of charges and contributions for public services is three years prior to the effective year.

2. The calculation is based on the municipal accounts as well as the cantonal forestry statistics and the cantonal population statistics as of December 31 of the base year.

**1. The Office for Forest, Hunting, and Fishing is responsible for the following tasks:**

a) Ensuring the implementation of forestry law regulations;

b) Recording and coordinating the various interests in the forest through forestry planning;

c) Monitoring the condition of the forest and implementing the goals defined in forestry planning to guarantee the sustainability of all functions;

d) Ensuring that the forest is protected as a near-natural community and that the maintenance and use of the forest are conducted in a near-natural and economically viable manner;

e) Advising forest owners, providing professional guidance to district foresters, and promoting the education, continuing education, and further training of forestry personnel;

f) Ensuring that the public is adequately informed about the condition of the forest, the objectives of forest management, and the desired forest development.

1. The government council sets the objectives of state forest management.

2. The head of the state forest operations is the chief forester of the canton.

1. The Formation of Forestry Districts is Based on Forestry Operational Conditions.

2. The Executive Council ensures that all forests are assigned to a forestry district.

1. The Enforcement Ordinance to the Forestry Law of April 23, 1954, is repealed.

2. The Enforcement Ordinance to the Law on the Demarcation and Transfer of Forests and Common Lands to the Municipalities of May 25, 1965, is repealed.

3. The Model Forestry Regulation for the Citizen Communities of January 27, 1971, is repealed.

4. Ordinance on Forest Identification and Forest Clearance of June 15, 1993: The amendments have been incorporated into the relevant decree.

5. The Ordinance concerning the Procedure for Wood Sales in State Forests of August 16, 1932, is repealed.

6. The Ordinance on the Duties of State and Municipal Forestry Personnel of April 23, 1954, is repealed.

7. The Ordinance on Seed, Plant Procurement, and Plant Protection in Forestry of May 8, 1958, is repealed.

8. The Government Council Resolution of September 6, 1988, concerning the Procedure and Responsibilities for the Approval of Constructions in the Forest; Guidelines on the Concept of Forestry Construction is repealed.

1. Regulations of Public-Law Forest Owners must be adapted to the new law within five years following the entry into force of this ordinance.

2. Operational Plans of Public-Law Forest Owners must be designed according to the new law within five years following the entry into force of this ordinance.

1. For civic communities that implemented the new accounting system as pilot communities before the year 2022, the amounts of reversal from the revaluation reserve shall be included in the calculations pursuant to § 49 paragraph 2 concurrently with the other civic communities.

1. This ordinance shall enter into force on January 1, 1996. It remains subject to the right of objection by the Cantonal Council as well as the approval of Sections 24 and 28-34 of the present ordinance by the Federation.