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454.001 CH-AI

Resolution of the Standing Commission on the Mire Landscapes of Schwägalp and Fähnerenspitz - Purpose and Scope

24 Articles / Provisions · Switzerland · Canton of Appenzell Innerrhoden
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Table of Provisions (24)

Art. 1 Decision of the Cantonal Commission on the Moor Landscapes of Schwägalp and Fähnerenspitz Art. 2 Decision of the Cantonal Commission regarding the Moorland Landscapes of Schwägalp and Fähnerenspitz - Protection Objectives Art. 3 Resolution of the Cantonal Commission regarding the Moorlands Schwägalp and Fähnerenspitz - Supervision and Enforcement Art. 4 Cantonal Commission Decision on the Moors Schwägalp and Fähnerenspitz - Buildings and Facilities Art. 5 Decision of the Cantonal Commission on the Moor Landscapes Schwägalp and Fähnerenspitz Art. 6 Decision of the Cantonal Commission on the Moorland Landscapes Schwägalp and Fähnerenspitz Art. 7 Decision of the Cantonal Commission regarding the Moorland Regions Schwägalp and Fähnerenspitz Art. 8 Decision of the Cantonal Commission on the Moorland Landscapes of Schwägalp and Fähnerenspitz - Stocked Pastures Art. 9 Decree of the Cantonal Commission regarding the Moorlandscapes Schwägalp and Fähnerenspitz Art. 10 Decision of the Cantonal Commission on the Moorland Landscapes Schwägalp and Fähnerenspitz Art. 11 Decision of the Cantonal Commission on the Moor Landscapes Schwägalp and Fähnerenspitz - Protected Forest Vegetation Art. 12 Resolution of the Cantonal Commission on the Moorlandscapes Schwägalp and Fähnerenspitz Art. 13 Decision of the Cantonal Commission on the Moorland Landscapes Schwägalp and Fähnerenspitz - Flat Bogs Art. 14 Decree of the Cantonal Commission regarding the Moorland Landscapes of Schwägalp and Fähnerenspitz - Poor Locations and Pastures Art. 15 Resolution of the Cantonal Commission on the Moorland Landscapes of Schwägalp and Fähnerenspitz Art. 16 Decision of the Council of States on the Moorlandscapes Schwägalp and Fähnerenspitz Art. 17 Resolution of the Cantonal Commission on the Moor Landscapes Schwägalp and Fähnerenspitz Art. 18 Decision of the Cantonal Commission on the Moorland Landscapes Schwägalp and Fähnerenspitz Art. 19 Decision of the Cantonal Commission on the Moorland Landscapes of Schwägalp and Fähnerenspitz Art. 20 Decision of the Cantonal Commission regarding the Moorland Landscapes of Schwägalp and Fähnerenspitz Art. 21 Decree of the Cantonal Commission on the Moorlands of Schwägalp and Fähnerenspitz Art. 22 Resolution of the Cantonal Commission on the Moor Landscapes Schwägalp and Fähnerenspitz Art. 24 Decree of the Cantonal Commission on the Moorland Landscapes Schwägalp and Fähnerenspitz Art. 25 Decision of the Cantonal Council concerning the Moorland Landscapes Schwägalp and Fähnerenspitz

Statutory Text (24 Articles)

General Provisions

1. This Decision of the Council of State aims to preserve the moorlands in the Canton of Appenzell Innerrhoden and ensures an adapted agricultural and forestry use of this area.

2. It applies to the perimeters designated in the associated plans "Moorland Schwägalp" (Plan date: 31 October 2000) and "Moorland Fähnerenspitz" (Plan date: 31 October 2000).

General Provisions

1. The landscape character and natural value of the moorlands are to be preserved and must not be diminished by either permanent or temporary interventions.

2. If disturbances have arisen due to previous interventions or independent developments, these are to be remedied while maintaining proportionality.

3. The impairment or removal of geological landscape elements such as glacial erratics, sinkholes, or other geomorphological objects is impermissible.

General Provisions

1. Oversight is exercised by the Department of Agriculture and Forestry (hereinafter referred to as the Department).

2. Implementation, unless otherwise specified by this decision of the Cantonal Commission, is the responsibility of the districts.

General Protection Provisions

1. Structural changes of any kind as well as repairs of facilities require approval from the cantonal authorities in accordance with the construction laws.

2. Approval for buildings and facilities can only be granted if they do not conflict with the federal legislation on nature and heritage protection.

3. Prohibited are, in particular

a) Buildings and facilities, unless they are necessary for an adapted use;

b) The removal or deposition of materials not related to approved construction projects or legally constructed paths;

c) The creation of new access routes and the application of hard surfaces on unpaved access routes; the State Commission may permit the application of hard surfaces in exceptional cases;

d) The establishment of campsites.

4. The maintenance and renovation of existing buildings and facilities must take into account landscape conservation values.

General Protection Provisions

1. The use of moorlands for recreational purposes is permissible, provided that they are not impaired or damaged. Consideration must be given to animals and plants.

2. New, organized, and regularly occurring recreational activities and their facilities, as referred to in Paragraph 3 of this Article, require a permit from the Department.

3. Traditionally held sporting events or already established routes and designated areas, such as those for mountain biking, hang gliding, winter sports, and the like, may continue to be operated and maintained in their existing form.

4. Camping is prohibited.

5. Open fires are not permitted outside of designated areas.

General Protection Provisions

1. Sources and watercourses, standing bodies of water, as well as groundwater resources, may neither be altered nor may their quality be impaired.

2. Water extractions are permissible only if they do not contradict the protection objectives or are necessary for management adapted to the protection objectives.

3. The creation of new area drainage and drainage systems is prohibited. The rehabilitation of existing drainage systems requires approval. Approval may be refused if it can enhance the natural value of an area.

General Protection Provisions

1. Forestry interventions shall be carried out in accordance with the management principles set forth in the cantonal forest legislation.

2. Layered forest edges with herbaceous borders, shrub belts, and forest mantles are to be preserved and promoted. The length of the forest edges shall not be reduced.

3. Hunting shall remain guaranteed within the existing framework.

3. Protective Provisions in Detail - Landscape Elements

1. The following applies to wooded pastures

a) The ratio of wooded to grazed area should be maintained as much as possible;

b) Felling trees requires a forestry permit in every case;

c) The construction of new buildings and facilities is not permitted.

Protection Provisions in Detail - Landscape Elements

1. The designated area is protected as an object pursuant to Art. 29 et seq. of the Cantonal Ordinance on Nature and Heritage Protection of March 13, 1989 (NPO).

**Protection Provisions in Detail - Natural Elements**

1. The forests within the core habitat area shall be designated as forest reserves in accordance with the provisions of the forestry legislation within the framework of forest development planning.

2. They are to be preserved in their typical structure as habitats for disturbance-sensitive wildlife species.

3. Management must be carried out in accordance with the conservation objectives.

4. The core areas may only be accessed via existing paths. The construction of new paths or the expansion of existing paths is prohibited.

5. Organized events, sports competitions, and the like are not permitted. Article 5, paragraph 3 of this decision remains applicable to traditionally occurring events and the forest lake service, as well as the use of already established routes.

**Protection Provisions in Detail - Natural Elements**

1. The woodland vegetation worthy of protection is to be designated within the framework of forest development planning.

2. The biodiversity and the bog-typical vegetation are to be preserved.

3. The management must be carried out in accordance with the conservation objectives.

Specific Protective Provisions - Natural Elements

1. Raised bogs are protected as nature conservation zones according to Art. 9 et seq. VNH.

2. The management of the raised bogs may only occur based on an appropriate management agreement.

3. The use of fertilizers, herbicides, and the like, as well as drainage, is prohibited.

4. Necessary measures may be ordered for protection against the encroachment of shrubs.

**Protection Provisions in Detail - Natural Elements**

**1. Flat Bogs are Protected as Nature Conservation Zones under Art. 9 et seq. VNH.**

2. They must be managed. Typically, management involves an annual cut in late summer.

3. The cut material must be removed as quickly as possible.

4. Flat bogs must be protected from trampling damage.

5. The use of fertilizers, herbicides, and similar substances, as well as drainage, is prohibited.

Specific Protective Provisions - Natural Elements

1. Poor sites and grazing lands are designated as nature conservation zones pursuant to Article 9 et seq. of the VNH and are accordingly protected.

2. Poor grazing lands may only be grazed under suitable weather conditions; soil damage due to trampling must be avoided. Grazing with sheep is prohibited.

3. The application and spreading of fertilizers and similar substances is prohibited.

4. The use of herbicides and similar substances must be limited to the absolute necessity. Weed control should be carried out on an individual plant basis.

**Protection Provisions in Detail - Natural Elements**

1. The designated hedges, individual trees, as well as field and bank vegetation are protected as objects pursuant to Art. 29 et seq. of the VNH.

2. The remaining bank vegetation is protected pursuant to Art. 15 et seq. of the VNH.

Specific Protective Provisions - Natural Elements

1. The designated standing waters are protected as objects pursuant to Art. 29 et seq. VNH.

2. The shore vegetation is protected according to Art. 15 et seq. VNH.

Protection Provisions in Detail - Cultural Elements

1. The designated cultural elements are protected as objects under Art. 29 et seq. of the VNH.

Protection Provisions in Detail - Development Measures

1. To protect valuable biotopes from nutrient input or other disturbances that diminish the ecological or landscape value of these areas, buffer zones must be designated by the end of 2002 in the size specified by the development measures in the conservation plan.

Protection Provisions in Detail - Development Measures

1. To protect valuable biotopes from nutrient input or other impairments that reduce the ecological or scenic value of these areas, as a guideline, no active fertilization is allowed within a distance of 20 meters above and alongside the protected areas (high and low moors, nutrient-poor sites and pastures) and 5 meters below them. However, extensive use of these buffer strips, such as grazing by cattle, remains assured.

Protection Provisions in Detail - Development Measures

1. For the purpose of ecological enhancement of the moorland, these areas are to be extensified and, if necessary, re-wetted.

Final Provisions

1. The compensations are governed by the nature and cultural heritage protection legislation of the Confederation and the Canton.

Final Provisions

1. For permits under the provisions of this Commission's resolution, fees ranging from CHF 60 to CHF 500 shall be levied.

Final Provisions

1. Violations of this resolution by the Cantonal Commission as well as orders issued based on it will be punished with a fine in accordance with the criminal procedure law.

Final Provisions

1. This resolution comes into effect following approval by the Council of State.

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