Ordinance on the Protection of Nature and Cultural Heritage (VNH) - Purpose (VNH)

1. This regulation aims to protect the indigenous fauna and flora and their natural habitats, the traditional landscape and townscape, as well as natural and cultural monuments.

1. Animals Protected Under Federal Legislation on Nature and Heritage Protection Nationwide

a) the animals listed in Annex 4 of the Federal Ordinance on Nature and Heritage Protection of January 16, 1991 (NHV);

b) the animals listed in Article 20 of the Ordinance to the Hunting Act of June 13, 1989 (JaV).

1. Fully Protected Plants: As with plants protected throughout Switzerland by the federal legislation on nature and heritage conservation, the following are protected

a) the plants listed in Annex 4 of the Federal Ordinance on the Nature and Heritage Conservation of January 16, 1991 (NHV);

b) the following plants

1. Common Columbine (Aquilegia vulgaris)

2. Alpine Pasque Flower (Pulsatilla alpina)

3. Alpine Aster (Aster alpinus)

4. Alpine Toadflax (Linaria alpina)

5. Auricula (Bear's Ear) (Primula auricula)

6. Mountain Arnica (Arnica montana)

7. Bogbean (Menyanthes trifoliata)

8. Marsh Cinquefoil (Potentilla palustris)

9. Edelweiss (Leontopodium alpinum)

10. Gentians (Gentiana)

11. Snowdon Lily (Lloydia serotina)

12. Butterwort, all species (Pinguicula)

13. Large (Yellow) Foxglove (Digitalis grandiflora)

14. Pasqueflower, Spring Anemone (Pulsatilla vernalis)

15. Cobweb Houseleek (Sempervivum arachnoideum)

16. Alpine Balsam (Erinus alpinus)

17. Moss Campion (Silene acaulis)

18. Lily of the Valley (Convallaria majalis)

19. Moor Gentian (Swertia perennis)

20. Pyrenean Whitlow-Grass (Petrocallis pyrenaica)

21. Entire-Leaved Primrose (Primula integrifolia)

22. Willow Gentian (Gentiana asclepiadea)

23. Mezereon (Daphne mezereum)

24. Great Masterwort (Astrantia major)

25. Clustered Bellflower (Campanula thyrsoides)

26. Grass of Parnassus (Parnassia palustris)

27. Meadow Rue, Columbine-leaved (Thalictrum aquilegifolium)

28. Wintergreen, all species (Pyrola)

29. Dwarf Birch (Betula nana)

2. Partially Protected Plants: For the following plants, the picking of three flowering stems, fruit stems, or branches is permitted; otherwise, they are protected like plants protected throughout Switzerland by the federal legislation on nature and heritage conservation

a) Snowbell, Soldanella (Soldanella)

b) Alpine Rose, both species (Rhododendron)

c) Blue Monkshood (Aconitum compactum)

d) Yellow Monkshood (Aconitum vulparia)

e) Mountain Knapweed (Centaurea montana)

f) Pink Primrose (Primula farinosa)

g) Holly (Ilex aquifolium)

h) European Globe Flower (Trollius europaeus)

i) Common Cotton Grass (Eriophorum vaginatum)

**1. Preservation of Landscape, Nature, Shores, and Local Character**

The preservation of landscape, nature, shores, and local character is primarily ensured through the establishment of conservation zones, as well as the issuance of protection lists and registers for plant, fungus, and animal species, as well as individual objects.

**2. Protection through Agreements**

Nature reserves and individual objects can also be protected through agreements with the property owner or the manager.

**3. Restriction of Rights**

Orders are to be issued such that the rights of the owner or manager are restricted no more than necessary.

**4. Classification of Protected Areas and Objects**

Protected areas and objects are classified by the Regional Commission, potentially upon the request of the competent authority, into those of regional or local significance according to their eligibility for protection. Assessment criteria include, among others: rarity, vulnerability, uniqueness, scientific or educational value, location, and distribution.

1. The canton and the districts must consider the aspects of nature and heritage protection in the fulfillment of their tasks. The cantonal specialist agencies and expert commissions provide advice and appropriate documentation.

2. The canton and the districts collaborate with local private organizations for nature and heritage protection whenever possible.

3. They may support the restoration or creation of natural and species-rich habitats.

1. The Establishment of Landscape Conservation Zones is governed by Building Legislation.

1. The landscape protection zone serves to preserve the landscape's appearance and its defining elements.

1. The general admissibility of buildings and facilities is determined by the provisions for the respective basic use zone.

2. Not permissible are material extraction sites such as gravel and sand pits, quarries and gravel washing plants, landfills and the like, as well as associated terrain alterations.

3. Permissible buildings, facilities, and landscape-altering measures must meet elevated requirements concerning design, color scheme, and integration into the landscape. The cladding of the facades, roofing, window division, and surrounding design must conform to traditional construction methods. Hedges and groups of trees that shape the landscape must be preserved.

1. The establishment of local landscape protection zones is governed by building legislation.

1. Different categories of protected objects and protection areas may be established in the local visual protection plan with graduated protection regulations. For this purpose, a regulation is to be enacted.

2. Individual orders are to be noted in the land register as public-law property restrictions.

1. Habitats for rare or endangered plants or animals and areas of natural significance are to be protected through the establishment of nature conservation zones. Such zones particularly include raised bogs, fens, dry habitats, and amphibian waters.

2. If the conservation objective requires it, ecologically adequate buffer zones are to be delineated.

1. In nature conservation zones, uses and measures that impair the habitat of the plants and animals present therein are prohibited. The following are particularly prohibited

a) Alterations of terrain;

b) Deposition of materials of any kind;

c) The removal of reeds, hedges, field and riverbank shrubs;

d) Afforestation;

e) The application of toxic substances;

f) Plowing;

g) Burning of plant stocks.

2. Constructions and installations can only be approved if the agricultural and forestry use of the nature conservation zone absolutely requires it and the building or installation cannot be constructed outside the protected zone.

1. In nature conservation and buffer zones, the following is prohibited

a) the creation, expansion, and replacement of drainage and irrigation systems;

b) the application of natural or artificial fertilizers.

2. Areas within nature conservation zones must generally be managed once per year.

3. Grazing is prohibited in high moors.

4. Deviations from these regulations may be permitted through agreement with the land manager, provided such deviations do not contradict the conservation objectives.

1. Additional measures for the preservation and promotion of nature conservation zones may be agreed with the land manager or landowner.

1. The banks of all bodies of water and watercourses shall be preserved in their natural state and managed with care. Necessary measures in accordance with water construction legislation shall be reserved.

1. The existing shoreline vegetation (reed and sedge beds, riparian vegetation, and other natural plant communities in the shoreline area) must be preserved. It shall not be cleared, covered, or otherwise caused to die.

1. Conservation of Species encompasses targeted measures for the preservation, promotion, or reintroduction of individual animal and plant species.

1. The Commission of Standards may declare certain regions or areas as protected zones, where any picking and collecting of plants (plant protection zone) and mushrooms (mushroom protection zone) is prohibited.

2. The protected zones must be clearly marked.

1. The reintroduction of locally extinct species may be authorized by the municipal commission, provided it is carried out by specialists.

1. In addition to the plants and animals protected nationwide by the federal legislation on nature and heritage protection, the species listed in the annex are also under protection.

2. Unless otherwise specified in the annex, the protection provisions of Art. 20 of the Federal Ordinance on Nature and Heritage Protection of January 16, 1991, shall apply accordingly to the species listed in the annex.

3. The protected species must be made known in an appropriate manner.

1. For scientific, educational, or therapeutic purposes, the collection and excavation of protected plants may be permitted if such activities do not endanger their continued existence in the respective area.

2. For scientific or educational purposes, the capture and temporary holding of individual protected animals may be permitted, provided that this does not endanger their continued existence in the respective area.

3. The permit limits the area, time, and quantity.

4. Permits must be carried and presented to supervisory authorities upon request, along with the collected items.

1. Outside of nature and species protection areas, unprotected plants may reasonably be picked for bouquets, and fruits or plant parts may be gathered for consumption or medicinal purposes.

2. The picking of berries is also permitted in plant protection areas.

1. The collection of mushrooms is permitted up to a maximum of 2 kg per person per day.

2. Mushrooms must be gently picked by hand.

1. The Cantonal Executive Committee may establish closed seasons for the entire canton area, during which any picking and collecting of mushrooms is prohibited.

2. For scientific purposes, the picking of individual specimens is permitted even during closed seasons.

1. Protected Objects Include in Particular

a) Natural objects with special aesthetic or rarity value such as individual trees, groups of trees, hedges, field trees, forest edges, springs, waterfalls, caves, geological outcrops and formations, erratic blocks, sites of mineral discoveries, ponds;

b) Cultural objects such as buildings, sites, and facilities, insofar as they possess special historical, art-historical, architectural, or artisanal value.

1. The protection register contains at least a brief description and assessment of each protected object, the protection objective, and special protection measures.

2. The individual objects listed in the protection register are to be designated in the zoning or local heritage protection plan.

1. The registered protected objects are to be conserved and shall be preserved unimpaired as long as overriding public interests do not oppose such preservation.

2. Owners shall maintain the protected objects in accordance with the protection objectives. Special orders may be issued for their maintenance.

3. If the continuation of a protected object is seriously endangered or destroyed, the district council or the fire inspection commission may undertake the measures essential for its continuation or restoration following an unsuccessful warning. The owner will be charged at most for the added value, offset by any possible contributions.

4. Buildings and structures in the vicinity of protected objects must be designed in such a manner that the character and effect of these objects are not impaired.

1. All measures that cause actual changes to registered natural objects or their immediate surroundings, or impair their unique character or effect, require a permit. This particularly includes the removal of protected individual trees, groups of trees, hedges, riverbank and other shrubbery, as well as the forest edge.

1. Structural alterations of a cultural object, both internal and external, comprehensive or partial renovations (including new windows or color schemes), as well as any changes in use, require a permit.

1. Nature, landscape, and local heritage protection zones, as well as object protection registers, are established through the land use planning process.

2. Protection zones and registers require the approval of the local authority commission to become legally effective.

1. Agreements on nature and landscape protection with landowners or managers are concluded by the district council at the location of the property in accordance with the guidelines of the specialist office for nature and landscape protection.

2. The standing commission may allow deviations from the agreed periods for cutting and grazing or waive the requirement for cutting or grazing. The responsible districts must be consulted before the permit is granted.

3. The district council monitors compliance with the agreements.

1. The building permit procedure is generally governed by construction legislation.

2. In the Appenzell fire inspection district, the fire inspection commission may impose requirements and conditions that could lead to contributions under this regulation, only after consultation with the district authority of the location in question.

3. For construction projects in landscape and townscape protection zones, as well as on cultural objects, the building permit authorities may order the implementation of samples that are binding in structure and color.

1. The Jurisdiction and Duties of the Heritage Protection Commission are Governed by Building Legislation.

1. The Council of State appoints a specialized Commission for Monument Preservation consisting of at least three members and defines its areas of responsibility.

2. The Commission is affiliated with the Department of Education.

1. The Cantonal Office for Nature and Landscape Protection is affiliated with the Department of Agriculture and Forestry, and the Office for Monument Preservation is affiliated with the Department of Education.

2. Unless other agencies are responsible, the Office for Nature and Landscape Protection enforces the provisions of this decree regarding nature and landscape protection.

1. The Council of State, in agreement with the districts, may appoint voluntary nature conservation officers.

1. The authorities of the Cantonal Police, the cantonal forestry personnel, the hunting and fishing administrator, the head of the department for nature and landscape protection, as well as the voluntary nature conservation supervisors report violations of the regulations concerning nature, shoreline, and species protection.

2. For control purposes, they may stop a person, request to see identification and special permits, and search vehicles and containers such as bags and backpacks.

3. They confiscate unlawfully collected or offered plants and mushrooms, as well as unlawfully caught or offered animals.

4. In such actions, they identify themselves as supervisory authorities.

1. The canton provides appropriate contributions for the maintenance and support of nature conservation and buffer zones.

2. The canton and the districts provide appropriate contributions for the renovation of registered cultural objects.

3. The canton and the districts can provide contributions for further measures that fall within the objectives of this regulation, provided that these are associated with significant costs.

4. The canton can establish and maintain a fund.

**1. Contributions for Compensation of Management Requirements and Maintenance Measures in Conservation and Buffer Zones are Provided When:**

a) The manager or landowner provides services; no contributions are provided for the mere tolerance of a conservation or buffer zone;

b) There is an agreement between the district and the manager; if areas in the summer grazing zone are managed by several people, the district enters into an agreement with all managers jointly, whereby the community of managers decides how to distribute the contributions among themselves;

c) The Department of Agriculture and Forestry has confirmed that a rent payable by the manager does not exceed the officially calculated maximum lease rate; the appraisal office provides the Department of Agriculture and Forestry with the protocol of the official appraisal of the lease object for review;

d) The district has verified and determined that the manager or the landowner has fulfilled the agreement.

**2. The Cantonal Commission Issues Regulations on:**

a) The contribution rates;

b) The reductions in case of violations of an agreement;

c) The duration, termination, and extension of an agreement.

**3. The Contribution Rates Correspond to:**

a) For area contributions, at most the contribution rates of the federal direct payment ordinance for comparable areas;

b) For compensating time expenditure, at most the hourly rate according to the respective tariff of the Federal Agroscope Research Institute Reckenholz Tänikon (ART tariff).

1. The canton and the district of the location of the object each undertake half of the cantonal contribution required to trigger federal contributions in accordance with the Federal Act on the Protection of Nature and Cultural Heritage of July 1, 1966 (NHG).

2. The contribution prerequisites and the procedure are governed by the relevant federal provisions. Applications for contributions must be submitted to the district authorities once the cost estimate is available, but no later than at the time of submitting the building application. These applications are then forwarded by the district authorities to the state commission with a recommendation.

1. Contributions as referred to in Article 40 paragraph 3 of this regulation may in particular be allocated to the following measures

a) special design-related, voluntary, or authority-imposed expenses for constructions that are not registered as cultural objects;

b) protection and maintenance of registered natural objects.

2. The contributions amount to

a) up to 80 percent of the additional costs compared to conventional construction methods for contributions as referred to in paragraph 1 of this Article;

b) up to 20 percent of the total costs in other cases.

3. When assessing the contributions, the financial capacity of the recipient must be taken into account. The canton and the district where the object is located shall each bear half of the contributions.

4. Applications for contributions must be submitted to the district authorities in good time before the commencement of the work, and in cases where a building permit is required, no later than with the submission of the building application. The district authorities will then forward them with a recommendation to the governing council.

1. If extraordinary circumstances exist, and if neither public nor neighboring interests are significantly affected, the Cantonal Commission or the competent department, in accordance with Art. 77 of the Building Act, may grant exceptions to the provisions of this ordinance or orders based on it.

1. Violations of this ordinance shall be punishable by a fine in accordance with Art. 91 of the Construction Act.

2. In the event of damage to or destruction of a protected object, the district shall arrange for its restoration, provided that this is still possible or reasonable. The costs shall be borne by the party responsible. If this party is unknown, the public authorities shall cover the restoration costs.

3. ...

1. Until legally binding nature protection zones within the meaning of this ordinance are established, the resolution by the Commission for Standards regarding the provisional establishment of nature protection zones dated December 18, 1984, shall remain in effect.

2. Until legally binding protective measures within the meaning of this ordinance are established or if existing measures are revised, planning zones may be enacted. Competence, legal effects, and procedure shall be governed by Article 57 of the Building Act.

3. The protection zones and the registered individual objects may be depicted in a separate protection zone plan.

4. Agreements between landowners and managers and the districts regarding the protection of nature protection zones, concluded based on the law in effect before the enactment of the Grand Council's resolution on the amendment of the Ordinance on Nature and Heritage Protection dated December 5, 2016, shall remain valid at the latest until the enactment of the Grand Council's resolution.

1. This regulation enters into force upon adoption by the Grand Council.