Regulations on the protection of the Wilerschachen area ('Polenschachen') in the municipality of Erstfeld - Protection Objective**
Table of Provisions (17)
Statutory Text (17 Articles)
1. This regulation aims to preserve and promote the Hinterwiler nature reserve in as unchanged a condition as possible, as a relic of the original floodplain forest, as a habitat and breeding ground for amphibians and fish, and as a vital element of a diverse landscape.
2. It further aims to connect habitats along the Reuss.
1. Protection Zone Plan Wilerschachen ("Polenschachen")
1. The following properties are fully or partially designated as protected (Municipality of Erstfeld)
a) Parcel 263 (partial): A. Zgraggen-Stadler (including boundary wall)
b) Parcel 264 (partial): M. Indergand (lower embankment edge)
c) Parcel 268 (partial): Municipality of Erstfeld
d) Parcel 286 (partial): M. Indergand
e) Parcel 288: Corporation of Uri
f) Parcel 289: M. Indergand
g) Parcel 290: B. Fedier
h) Parcel 291: M. Indergand
i) Parcel 293 (partial): B. Fedier
j) Parcel 1232 (partial): Canton of Uri
2. The location and boundaries of the protected area are derived from the plan in the appendix, which is an integral part of these regulations.
1. The protected area is divided into the following zones
a) Zone I: Nature Conservation Zone (Pasture Forest)
b) Zone II: Nature Conservation Zone (Forest)
c) Zone III: Surrounding Zone (Recreation)
d) Zone IV: Surrounding Zone (Agriculture)
2. The allocation of the protection zones is determined by the plan in the annex.
**1. Zone I**
Zone I aims at the preservation and promotion of habitats and spawning areas for amphibians and fish.
**2. Zone II**
Zone II aims at the comprehensive conservation and natural development of the forest.
**3. Zone III**
Zone III serves to protect the nature conservation area from undesirable impacts. It also aims at recreational use while respecting protection interests and extensive agricultural use (according to the management contract).
**4. Zone IV**
Zone IV serves to protect the nature conservation area from undesirable impacts. It aims at minimally intensive agricultural use.
**1. Prohibited Actions and Installations in Protected Zones**
All measures and installations are prohibited in the protected zones if they
a) Can endanger or impair the protected object
b) Appear disruptive in the landscape
**2. In particular, it is prohibited to:**
a) Erect any kind of buildings and facilities unless they serve the purpose of the protected zone; this excludes facilities related to the national road and existing high-voltage power lines, as far as federal legislation permits
b) Alter the terrain, specifically to deposit, excavate, or remove material; except for material relocations that serve the protection goal
c) Alter water bodies as well as the habitats of amphibians, fish, and small organisms
d) Drive through the area except for maintenance and upkeep purposes
e) Undertake drainage activities or allow polluted wastewater to infiltrate the ground
f) Remove or plant individual trees or shrubs unless instructed by the Office for Forestry and Hunting
g) Store, camp, or set up tents, and rent out sites for these purposes; exceptions for controlled camping are granted by the municipal office of Erstfeld
h) Light fires outside of official fire pits
i) Destroy or remove small structures like cairns or piles of stones
1. In the nature conservation zone, in addition to the prohibitions according to Article 5, it is prohibited to
| | | | |
| --- | --- | --- | --- |
| a) | Use plant treatment products according to Annex 2.5 of the Chemicals Risk Reduction Ordinance (SR [814.81](https://db.clex.ch/link/Bund/814.81/en)) or fertilizers and products equated with them according to Annex 2.6 of this ordinance; spot treatment of problematic weeds is allowed | | |
| | | | |
| --- | --- | --- | --- |
| b) | Allow dogs to run freely | | |
2. Grazing is regulated in a separate agreement.
3. The semi-open landscape (forest and pasture) shall be preserved. The goal is a medium coverage rate with forest trees of 50 percent (corresponding to the current coverage rate +/-10 percent). The pasture helps in achieving the conservation objective; extensive grazing is desired. Targeted fencing will be used to protect forest trees and shrubs from browsing if required for the preservation of the conservation objectives.
1. In the forest protection zone, in addition to the prohibitions under Article 5, it is prohibited to allow livestock grazing.
2. The openness for the development of amphibians must be ensured.
1. In the surrounding zone, in addition to the prohibitions under Article 5, it is prohibited to use plant treatment products according to Annex 2.5 of the Chemical Risk Reduction Ordinance (SR [814.81](https://db.clex.ch/link/Bund/814.81/de)) as well as fertilizers and equivalent products according to Annex 2.6 of this ordinance. Spot treatment of problem weeds is permitted.
2. Grazing is regulated in a separate agreement.
1. In the nature conservation buffer zone, in addition to the prohibitions under Article 5, it is prohibited to fertilize with slurry or mineral nitrogen.
2. The fertilizer restriction is governed by a separate agreement.
1. If special circumstances, particularly the protective objectives, as well as a predominant public or scientific interest require it, the accompanying group of the Directorate of Justice may request permission to grant exceptions to the provisions of these regulations under secure conditions.
1. The protected area shall be properly maintained and cared for. All maintenance and care activities must align with the conservation objectives. The necessary measures for this purpose are exempt from the prohibitions outlined in Articles 5, 6, 7, 8, and 9. These measures shall, if necessary, be specified in a separate maintenance plan. The following maintenance tasks are fundamentally to be performed
a) The hedges and individual trees growing within the protected area shall be rejuvenated by occasional pruning.
b) Measures shall be taken to prevent the spread of invasive neobiota.
c) A clearance cut in the forest pasture is permitted, while emerging young trees should be preserved.
d) To maintain the degree of coverage as per Article 6, Paragraph 2, small-scale clearings and enclosures for forest rejuvenation shall be carried out in consultation with the accompanying group.
2. The Directorate of Justice shall ensure the implementation of the maintenance plan through appropriate measures. It may, in particular, conclude contracts with the affected landowners or managers within the framework of approved credits, to ensure proper care of the protected area in accordance with this regulation.
3. If contracts pursuant to paragraph 2 cannot be concluded, the landowners or managers are obligated to tolerate the maintenance work and upkeep of the protected area by the canton or its appointed agents.
1. Property owners or managers are entitled to reasonable compensation, based on Article 18c paragraph 2 NHG and within the framework of contractual agreements, if they restrict previous use or provide a service without corresponding economic return in the interest of conservation objectives.
1. The protected area shall be marked by the canton with signs.
2. The Directorate of Justice shall enforce this regulation. It is responsible for the marking of the protected area, supervises the protected area, and ensures compliance with the protection objectives and adherence to the agreements made. To this end, it shall establish an accompanying group.
3. The Government Council may appoint additional persons with supervisory functions if necessary.
4. In the event of violations of the protection regulations, the supervisory authorities shall file a report with the police or the public prosecutor's office.
1. For the implementation of this regulation, the Department of Justice selects an advisory group.
2. The advisory group consists of one delegated person each from the Corporation of Uri (representing ownership), the Office of Forestry and Hunting, and the Department of Nature and Heritage Protection (representing the Canton).
3. The advisory group assesses whether there are any threats, disturbances, damages, impairments, or adverse changes in the protected area. It proposes measures to the Department of Justice if protection provisions are not being observed.
4. The advisory group determines measures to maintain the degree of coverage with forest trees within the prescribed framework in accordance with Article 6, Paragraph 2.
1. Anyone who violates the protective provisions according to this regulation shall be punished with a fine of up to 5,000 francs, based on Article 34 KNHG.
2. The original condition must be restored at the expense of the guilty party.
1. This regulation shall enter into force on August 1, 2011.