Roads Act (StrG) - Scope (STRG)

1. This law regulates the use, construction, maintenance, and cost allocation of public roads throughout the entire canton. They are considered public if they are dedicated to common use.

2. Roads, as defined in this law, also include pathways unless special provisions apply. This law applies analogously to public squares.

3. This law only applies to non-public roads (private roads) insofar as this law prescribes. They are regarded as structures within the meaning of the building law. Otherwise, they are subject to private law.

4. This law does not apply to footpaths and hiking trails as defined by the legislation concerning footpaths and hiking trails.

5. The special legal provisions remain reserved for roads of rural cooperatives and road corporations as well as rural and forest roads.

6. This law also applies to all existing railway crossings that do not comply with the railway ordinance and need to be adjusted or removed, and it regulates the contributions made by the canton and municipalities.

1. Roads constructed for public use that are owned by the canton and municipalities are considered dedicated to public use.

2. Private roads are dedicated to public use by the responsible municipal authority with the express consent of the owner or by the establishment of an easement according to Art. 781 of the Swiss Civil Code in favor of the public.

3. Roads of community associations under Art. 167 et seq. of the Act on the Introduction of the Swiss Civil Code, as well as by corporations under Art. 25 et seq. of the Enactment to the Swiss Civil Code, which serve general traffic, are considered dedicated to public use with the approval of the statutes by the competent authority.

4. The competent municipal authority shall record public paths as mentioned in paragraphs 2 and 3 in the land register.

5. For the abolition and relocation of public roads (decommissioning), the objection procedure according to Art. 37 et seq. must be conducted accordingly.

1. Roads must be planned, designed, constructed, and maintained according to their purpose and function. The road network serves the requirements-based access of the canton and the municipalities.

2. In doing so, the following principles must especially be appropriately considered

a) traffic safety;

b) the protection of vulnerable road users;

c) the needs of public transport;

d) the concerns of spatial planning and environmental protection;

e) the requirements of established settlements and local aesthetics, as well as nature and landscape.

3. For the technical design of transport facilities, the recognized standards of road construction technology must be adhered to, particularly the norms of the Swiss Association of Road Engineers.

4. The canton and municipalities coordinate their projects with other spatially relevant tasks of the Confederation, the canton, and the municipalities, and harmonize them with one another.

1. The Government Council exercises supreme oversight over the implementation of this law.

2. The Department of Construction and Economic Affairs exercises oversight over the implementation of this law. It may issue binding directives to authorities to ensure correct and uniform application of the law.

3. The Civil Engineering Office implements this law and the ordinances based on it, insofar as no other competencies are established.

4. The Municipal Council implements the tasks assigned to the municipalities, unless other competencies are specified by communal regulation. It is responsible for the supervision of municipal roads and public roads in private ownership.

5. Traffic police responsibilities remain reserved.

1. Cantonal Roads, together with National Roads, form the overarching road network. They are functionally differentiated as follows

a) High-Performance Roads (HLS);

b) Major Traffic Roads (HVS);

c) Regional Connectivity Roads (RVS);

d) Local Connectivity Roads (LVS).

2. High-Performance and Major Traffic Roads are classified as main roads under the road traffic legislation.[10]

1. Municipal roads as well as public roads in private ownership form part of the municipality's road and pathway network. They are functionally differentiated as follows

a) Collector roads (CR);

b) Access roads (AR);

c) Agricultural and forestry access roads (AFR);

d) Paths (P);

e) Bicycle paths (BP);

f) Squares and parking areas (S).

2. The Executive Council may further subdivide the road classes.

1. Public roads are categorized into respective classes according to their function and traffic significance, as per Articles 6 and 7.

2. The responsibility for classification lies with

a) the Cantonal Council for cantonal roads;

b) the relevant municipal authority for municipal roads as well as public roads under private ownership.

3. The canton and municipalities maintain a public register of the roads under their jurisdiction, indicating the classification.

4. The procedure for issuing and amending the municipal road register shall be carried out in accordance with the plan submission process pursuant to Articles 37 et seq. It requires the approval of the Department of Construction and Economic Affairs.

5. Prior to the classification of cantonal roads, the affected municipalities shall be consulted.

6. Roads must be reclassified into a different category if their function and traffic significance have changed.

1. The decision regarding the transfer and surrender of roads between the canton and municipalities is made by the Government Council or the Municipal Council.

2. The transfer or surrender is carried out without compensation, provided that the road meets all the requirements imposed by traffic. Otherwise, the road owner must repair the road in advance or provide compensation. The Government Council may regulate further conditions in the ordinance.

3. The municipalities regulate in a bylaw under what conditions public roads in private ownership and private roads are taken over by the municipality.

1. Components of the Road Infrastructure are

a) Carriageways; sidewalks; footpaths, cycle paths, as well as combined cycle/footpaths, insofar as they are associated with the road and run parallel to it; passing places, stopping bays for public and private transportation, parking bays, bus lanes;

b) all structures and facilities inside and outside the road property that serve the technical design, maintenance, and protection of the roads and traffic, especially engineering structures, road drainage systems, lighting installations, verges, protective installations, as well as embankments whose management cannot reasonably be expected from the adjoining landowners;

c) Signals, markings; traffic mirrors, traffic guidance devices, and systems of all kinds; structural installations for traffic calming; traffic police inspection systems; plantings;

d) Measures according to environmental protection law, insofar as they are implemented on the road.

2. Ancillary facilities of roads are structures and installations that predominantly serve the tasks of road maintenance, such as workshops, roadman's huts, salt silos, storage areas, and snow deposit areas.

1. Cantonal roads are under the jurisdiction and ownership of the canton.

2. Municipal roads are owned by the municipality, and public roads in private ownership are owned by road corporations, field cooperatives, or private individuals. They fall under the jurisdiction of the municipality.

3. Sidewalks, pedestrian and bicycle paths, as well as public parking and stopping bays located within towns along cantonal roads, once constructed by the canton, including the associated structures and embankments, transfer to the ownership of the municipality.

4. Embankments along roads are to be taken over as part of the road by the road owner if their management cannot reasonably be expected of the adjoining property owners or if the existence of the road facility may be compromised.

1. The municipalities shall enact the necessary regulations. In particular, they shall regulate

a) the conditions for the adoption of public roads in private ownership and private roads by the municipality;

b) the municipality's contributions to the maintenance of public roads in private ownership;

c) the share of contributions from property owners towards the new construction and expansion costs of municipal roads;

d) the technical standards for municipal roads, public roads in private ownership, and private roads.

2. The municipal road and parking regulations must be submitted to the Department of Construction and Economic Affairs for preliminary examination. For their validity, they require the approval of the Government Council.

1. Public roads may be used by everyone within the scope of their intended purpose and in accordance with the applicable regulations.

2. Public use may be restricted or revoked in the public interest.

1. Whoever excessively dirties a road must warn the road users and promptly clean the road at their own expense.

2. If the perpetrator fails to fulfill the duty to clean the road despite being requested, the road owner is entitled to carry out the cleaning at the perpetrator's expense.

3. Whoever damages or excessively uses a road must repair the damage in consultation with the road owner or provide corresponding compensation.

1. Permanent Traffic Restrictions and Orders: On cantonal roads, these are issued by the Department of Construction and Economic Affairs, while on municipal roads and public traffic areas owned by private entities, they are issued by the competent municipal authority with the consent of the Cantonal Police.

2. Temporary Traffic Restrictions and Orders: In case of traffic accidents, natural events, and events, these are issued by the Cantonal Police; for construction and maintenance work on cantonal roads, they are issued by the Cantonal Civil Engineering Office, and on municipal roads and public roads owned by private entities, by the competent municipal authority.

3. The procedure is otherwise governed by the federal road traffic legislation.

1. Municipalities may impose a fee requirement for the short-term and long-term parking of vehicles on public roads through regulations, and may also subject long-term parking to a permit requirement. For cantonal roads, the approval of the Department of Construction and Economic Affairs is required.

2. The assessment basis and the amount of the fees, as well as the method of collection, are to be determined by the municipality in regulations. The revenue from the fees is earmarked for use in managing stationary traffic.

3. The competent municipal authority may, with the approval of the Department of Construction and Economic Affairs, impose parking restrictions along cantonal roads in accordance with Art. 15.

4. The government council shall issue an ordinance concerning parking on cantonal parking lots.

1. Any use of a public road beyond the general usage requires a permit. The following are particularly subject to the permit requirement

a) Events, parades, and other occasions;

b) Street cafés and similar establishments;

c) Temporary storage of materials and installation of sales and information stands;

d) Temporary construction installations, scaffolding, and construction dumpsters.

2. The permit is issued by the Department of Construction and Economy for cantonal roads, and by the respective municipal authority for other roads. The authority to grant permits can be delegated to a subordinate body or the cantonal police. Deviating competencies under cantonal law remain reserved.

3. The permit is granted if traffic safety is ensured and no other overriding public or private interests are opposed. If the road is privately owned, the consent of the respective owner, or in the case of roads owned by rural cooperatives and road corporations, the consent of the board is additionally required. This consent must be provided by the applicant.

4. The permit can be limited in time and subject to conditions and requirements. Securities or advance payments may be required.

5. For events with significant traffic volume, the issuance of the permit may be made contingent on the submission of a traffic concept.

6. The permit can be revoked without compensation if regulations, conditions, and requirements are not complied with or if important public or private interests necessitate it.

1. The special use of public roads generally requires a concession. Concessions are particularly necessary for permanent structures and facilities on, in, or above the road. The competent authority may exceptionally grant a real right, provided that public interest is not violated.

2. The concession is granted by the Department of Construction and Economic Affairs for cantonal roads, and by the competent municipal authority for other roads.

3. The concession may be granted if a need is demonstrated and there are no overriding public or private interests opposing it. If the road is privately owned, the consent of the respective owner or, for roads of local land associations and road corporations, the consent of the board is additionally required. This consent must be provided by the applicant.

4. The concession must be limited in time and be subject to the necessary stipulations and conditions, particularly the technical minimum requirements and adjustment costs. Securities or advances may be required.

5. The concession can be revoked during its validity only for reasons stated in the concession or through expropriation.

1. The utilization of public roads by utility lines for supply and disposal requires a permit.

2. The permit is granted by the civil engineering office for cantonal roads, and by the competent municipal authority for other roads.

3. Article 18 paragraphs 3 and 4 as well as Article 17 paragraph 6 apply mutatis mutandis.

1. Authorized and licensed constructions and facilities are the property of the entitled parties.

2. The entitled parties shall bear all costs arising from the construction and operation of their constructions and facilities. In particular, they shall

a) maintain their constructions and facilities at their own expense;

b) adapt their constructions and facilities at their own expense to new conditions in the event of structural and operational changes to the road, in particular to relocate them, or, in the event of the need for renovation of the constructions and facilities, to renew them upon request of the road owner;

c) bear the additional costs of road construction and maintenance arising from their constructions and facilities;

d) implement necessary safety measures for traffic safety, such as barriers, signage, and lighting.

1. Fees may be levied for intensified public use and special use.

2. The fees are determined particularly based on the intensity of use, the duration of use, and the economic benefit for the entitled parties.

1. No fees shall be charged for

a) Structures and facilities of public transport;

b) Events and parades as well as the collection of signatures for initiatives, referenda, and similar activities without special installations.

2. In individual cases, the imposition of a fee may be waived if

a) The intensity and duration of use are minimal,

b) The beneficiary gains only an insignificant economic advantage,

c) This promotes a charitable purpose, or

d) There is a predominant public interest in the use of public land.

1. Road construction specifically includes

a) the construction of new roads and the expansion of existing roads;

b) the complete renewal of roads;

c) structural measures for traffic calming or traffic management;

d) structural measures outside of the road property for the protection of roads;

e) environmental protection measures required by law in relation to roads;

f) the construction of facilities necessary for road operation, specifically for lighting or drainage of roads;

g) all necessary adjustments to adjacent properties as a result of the measures in points a-f.

2. Road construction encompasses planning, design, and execution, including associated traffic concepts and mobility management.

3. Where the law differentiates between roads within urban areas and those outside, the boundary is indicated by the signs "City Boundary Start" and "City Boundary End."

1. The construction of cantonal roads is the responsibility of the canton.

2. The construction of municipal roads is the responsibility of the municipality.

1. Slow Traffic (ST) includes pedestrian traffic, hiking, cycling, and movement with vehicle-like devices.

2. The Government Council designates a specialized office for slow traffic.

3. For matters related to slow traffic, the canton and municipalities may involve private specialized organizations and contractually assign them specific tasks.

1. The canton plans the cycling routes of national and regional interest and coordinates these with the municipalities and neighboring cantons. It covers the costs for the signage material.

2. The municipalities are responsible for the signage and navigability of the cycling routes of national and regional interest. In particular, they signalize the cycling routes and ensure, within their jurisdiction, that the facilities can be used as safely as possible and that public access is legally secured. The provisions of Articles 14-17 of the Ordinance on the Implementation of the Federal Act of October 4, 1985, on footpaths and hiking trails are applicable mutatis mutandis.

1. New construction and expansion projects, as well as the intended acquisition or transfer of roads, must be included in the cantonal or municipal spatial planning.

2. Such projects must be taken into consideration within the framework of local planning.

1. The Government Council decides on a multi-year road construction and investment program, which designates all new construction and expansion projects that are to be carried out or continued during the program period. The construction program must be revised at least every four years. Any changes or additions must be newly decided upon.

2. Before its enactment, the affected municipalities and any other interested parties must be consulted.

3. The road construction and investment program is to be submitted to the Cantonal Council for information.

1. To ensure the availability of road space for the construction and expansion of cantonal and municipal roads, the relevant authority may establish planning zones according to Articles 34 and 35.

2. Planning zones become effective with public disclosure and end with the finalization of the road construction project or alignment plan, but no later than three years after their announcement. This period can be extended by two years for important reasons.

3. For the issuance, revocation, and extension of the period of a planning zone, the planning submission procedure according to Articles 37 et seq. is applied mutatis mutandis.

4. Within the area covered by the planning zone, nothing may be undertaken that could impair the purpose of the planning. Construction projects are permitted only with the approval of the competent authority. Approval is granted if the road construction is neither hindered nor made more expensive.

1. For the future construction of roads, the canton and municipalities may provisionally acquire land.

2. The final competent authority is the government council for cantonal roads, and the municipal council for municipal roads.

1. Road construction projects for cantonal roads are prepared by the Department of Construction and Economic Affairs, while for municipal roads, they are prepared by the competent municipal authority.

2. The preparation of projects by third parties is reserved under the provisions of the construction legislation concerning access roads.

1. The Road Construction Project Includes Specifically

a) the project plans and project description, but at least a site plan;

b) any potential land acquisition plans;

c) any applicable building lines;

d) the proposed road classification;

e) any applicable perimeter documents.

1. New construction, expansion, and complete renovation projects of the Canton are to be submitted for consultation to the affected municipalities, the cantonal police, as well as the relevant cantonal offices.

2. Road construction projects of the municipalities are to be submitted for consultation to the cantonal police, the relevant cantonal offices, and neighboring municipalities.

1. Road construction projects of the canton are decided by the Government Council. The project decision is made subject to the credit decision of the body competent according to cantonal law.

2. For road construction projects of minor importance, this competence lies with the Department of Construction and Economic Affairs.

3. With the project decision, approval for public display is granted.

4. For projects subject to an environmental impact assessment under Article 9 of the Environmental Protection Act, the competent authority simultaneously reviews the environmental compatibility with the project decision.

1. Road construction projects of the municipality are decided by the competent municipal authority, subject to the credit decision of the organ responsible under municipal law.

2. If multiple municipalities are involved in the construction of a road and cannot reach an agreement, the Department of Construction and Public Economy will decide.

1. For road construction projects, the planning submission procedure is conducted.

2. For public roads on private property, the building permit procedure under the Construction Law may be conducted instead of the planning submission procedure, if all landowners on whose land the road is to be built agree to the project.

3. The project's approval by the municipality requires the consent of all relevant cantonal offices. The specific responsibilities are determined by this law as well as by special legislation, particularly those concerning spatial planning and construction law, footpaths and hiking trails, water protection, environmental protection, water engineering, or forestry.

1. The road construction project must be made publicly available for inspection in the affected municipalities for a period of 30 days and announced through a public notice.

2. The directly adjacent property owners must be notified in writing about the public inspection.

3. Those who need to cede private rights will be informed of the public inspection and the expropriation request through a written notice. The personal notice is considered the initiation of the expropriation procedure.

4. Those who are required to make perimeter contributions will be informed of the public inspection and the perimeter contribution plan through a written notice.

5. At the latest, at the start of the public inspection, the project must be staked out or marked, where technically possible. For small and insignificant projects, the staking can be waived.

1. In the case of small and insignificant projects that affect only a few landowners, do not impinge on the legitimate interests of third parties, and do not have a significant impact on space and the environment, the public notice can be dispensed with.

2. Directly adjoining landowners are to be notified in writing.

3. If all directly adjoining landowners agree to the project, the written notification requirement can be waived.

1. During the objection period, a written objection can be filed with the competent authority. The objection must be accompanied by a specific and reasoned request.

2. The standing to file an objection is determined by Art. 111 of the Building Act[27].

3. An objection can be filed against

a) the project;

b) the admissibility of the expropriation and its extent;

c) the allocation of the road by the municipality.

4. An objection against the perimeter contribution plan must be filed separately. It is subject to the regulations concerning the perimeter procedure.[28]

1. If the objection meets the formal requirements, the competent authority shall attempt to reach an agreement with the objecting party.

2. If the objection cannot be amicably resolved, the competent authority shall decide on the objection in accordance with Articles 34 and 35, simultaneously with any potential project modifications.

3. The settlement of any compensation claims, notably for claims regarding the affected private rights arising from the cantonal expropriation law, shall be conducted through the appraisal procedure according to the Expropriation Act.

1. The plan submission procedure pursuant to Article 37 et seq. must be conducted anew if the submitted project is substantially altered or significantly supplemented.

2. If the project alteration is minor, the affected property owners and any potential third parties shall be informed with written notification, initiating an objection period of 20 days. Personal notification may be waived if the affected parties have provided written consent to the project alteration.

3. If the circumstances have significantly changed since the approval of the project, the approved project must be reviewed and, if necessary, adjusted or revoked in the plan submission procedure by the issuing authority.

1. The procedure for laying out plans shall be formally and materially coordinated with any other relevant procedures in accordance with the applicable provisions of cantonal law, particularly the Building Act, as well as federal legislation, specifically the legislation concerning environmental impact assessments.

2. If required by the principles of procedural coordination, the competent authority shall simultaneously initiate, as per Articles 34 and 35, all other necessary permits and decrees related to the same matter from other cantonal or municipal authorities and establish the necessary, mutually consistent conditions and requirements.

3. Coordination conflicts arising from this provision shall be conclusively decided by the Department of Construction and Economic Affairs.

1. Upon the final and binding completion of the plan submission process, the authority is granted the right of expropriation for the land required as well as the other rights. The Expropriation Act shall apply unless this law provides otherwise.

2. The right of expropriation is vested in the canton for cantonal roads and in the municipality for municipal roads. The municipal council may also grant this right to private developers of public roads.

3. The affected landowners may, after ten years from the public submission of the road construction project or the building line plan, request that the authority acquires the private rights needed for the execution of the project, provided that the project is not repealed.

1. The land required for road construction, as well as other rights, shall primarily be acquired through private negotiation, otherwise through land consolidation or expropriation.

2. If the parties cannot agree on compensation, the appraisal procedure according to the Expropriation Act shall be conducted.

3. Land consolidation may be ordered by the Department of Construction and Economic Affairs for cantonal roads, and by the municipal council for municipal roads. The provisions of the Construction Act shall apply mutatis mutandis to the land consolidation procedure.

**1. Construction may commence if**

a) the project is legally binding,

b) the transfer of private rights is settled, or the parties obligated to transfer have given their written consent to the commencement of construction,

c) those obligated to contribute to the perimeter have been personally informed of the perimeter plan, and

d) the credit resolution is available.

**2. The authorities responsible under Art. 34 and 35 may permit the early commencement of construction for undisputed components of the road construction project, provided that the disputed components are not prejudiced and only financial matters remain unresolved.**

1. Street Maintenance Includes Operational and Structural Maintenance

2. Operational maintenance encompasses the necessary measures for the operation of the streets. This expressly includes cleaning, winter services, lighting operation, repair of minor damages, maintenance of green areas owned by the municipality, installation and renewal of signals and markings, safety-relevant maintenance within the street clearance area, including maintaining clearance profiles in forests, as well as the restoration of streets after extraordinary events.

3. Structural maintenance includes all measures to preserve the streets. This expressly includes the rectification of major damages, including natural phenomena damages, as well as the restoration, renewal, and improvement of the road structure, drainage systems, constructions, and traffic regulation installations.

1. Winter Service includes snow removal, snow clearance, ice control, protection of roads against snowdrifts, and special marking of road edges. It is carried out according to the available technical and personnel resources, and insofar as it is economically and ecologically justifiable.

2. The competent authority determines which roads are to be kept open during winter.

1. Public roads shall generally be adequately illuminated within urban areas, on stretches outside urban areas with significant pedestrian traffic, and at important traffic junctions. In doing so, particular consideration shall be given to traffic safety, cost-effectiveness, and energy savings.

1. Cantonal roads shall be maintained by the canton, subject to Article 50, paragraph 2.

2. Additionally, the canton is responsible for the following along cantonal roads

a) The repair of landslides on the mountain and valley sides which cannot be attributed to inadequate maintenance by adjacent property owners, nor to construction measures or soil changes, provided there is an immediate threat to the existence of the road;

b) The structural maintenance of embankments, walls, and overhangs on sidewalks, pedestrian, and bicycle paths owned by the municipalities.

3. Contradictory agreements remain reserved.

4. The canton may fully or partially transfer the maintenance of specific stretches of cantonal roads to municipalities or third parties, or may fully or partially take over the maintenance of roads owned by municipalities or third parties. The details, particularly the content and scope of services as well as compensation, shall be regulated by agreement.

1. The municipal roads are maintained by the municipality.

2. Additionally, the municipality is responsible for the following along the cantonal roads

a) the cleaning of roadways within urban areas;

b) the care and planting of green spaces within urban areas;

c) the operational and structural maintenance of lighting installations both within and outside urban areas;

d) the operational and structural maintenance of sidewalks, pedestrian and bicycle paths owned by the municipality, both within and outside urban areas;

e) the operational and structural maintenance of public parking areas and stopping bays owned by the municipality within urban areas.

3. Deviating agreements remain reserved.

4. The municipality may transfer the maintenance of municipal roads in whole or in part to the canton or third parties, and it may also undertake the maintenance of roads owned by the canton or third parties in whole or in part itself. The details, in particular the content and scope of services as well as compensation, shall be regulated by agreement.

1. Public roads on private property, with the exception of winter services on public paths, are maintained by the property owners. Deviating agreements are reserved.

2. The municipality oversees the maintenance of public roads on private property. In the event of insufficient maintenance, the competent municipal authority can, after setting a prior deadline, order a substitute performance at the expense of those obligated to maintain.

1. Adjacent Properties May Be Claimed For

a) the absorption of naturally flowing, uncollected rainwater from the road;

b) the discharge and conveyance of rainwater originating from road drainage systems;

c) the installation of signals and other facilities for traffic management and safety;

d) trees and shrubs planted along the roadside due to aesthetic or traffic calming measures;

e) measures on roads in accordance with environmental protection legislation;

f) measures to avert dangers to roads and traffic.

2. Adjacent properties, as well as public and private roads, may be temporarily utilized for

a) measures related to planning and project preparation, such as inspections, land surveys, measurements, boreholes, and marking;

b) construction and maintenance measures, construction installations, material storage, creation of detour routes, access roads, and similar, as well as construction traffic for road construction sites;

c) measures to maintain traffic flow, such as temporary traffic detours in the event of road closures and interruptions;

d) snow removal and storage, as well as snow protection devices.

3. Property must be utilized with care. Adjacent property owners are to be notified in advance, provided it is practical and timely possible. The interests of the adjacent property owners must be appropriately considered.

4. Damages and significant impairments are to be compensated by the party responsible. If the parties cannot agree on the amount of compensation, the provisions of the Expropriation Act shall apply accordingly.

5. Divergent agreements remain reserved.

1. For the protection of roads, their surroundings, and traffic from adverse effects of natural events such as snow drifts, rockfalls, landslides, and floods, all necessary constructions and facilities may be erected, maintained, and operated outside the road property.

2. In the case of imminent danger, the necessary constructions and facilities may be constructed without project submission.

3. If third parties benefit from constructions and facilities within and outside the road property, they may be obliged to contribute to the costs of construction and maintenance.

4. Otherwise, Articles 52 paragraphs 3 and 4 apply mutatis mutandis.

1. Installations along roads that endanger or impair the road or traffic safety, particularly buildings and facilities, changes in terrain, enclosures, and plants, are prohibited.

2. Snow and ice from adjoining properties must not be thrown or deposited onto the road installation. Where such deposition is unavoidable, the responsible party must ensure the immediate clearing of the road.

3. Installations along roads must be maintained and cared for in such a way that they pose no disadvantages or dangers to the road and traffic. In particular, plants must be pruned in a timely manner, and trees or branches must be removed if they interfere with the clearance profile or could fall onto the road.

4. Anyone causing an impairment must take the necessary measures to remedy it at their own expense. If the responsible party fails to comply with this obligation despite being prompted, the road owner is entitled to carry out substitute performance at the responsible party's expense.

1. If public roads are constructed or structurally altered, the road owner is required to carry out the necessary adjustments to the adjoining properties at their own expense.

2. If a significant benefit is conferred upon an adjoining property from the adjustment works or from the road facility which necessitates the adjustment, the property owner is obliged to contribute an appropriate share towards the adjustment costs.

3. If structural changes on adjoining properties lead to adjustments on public roads, the owner of the relevant property must bear the adjustment costs.

1. Public entities are liable for damage caused to adjacent properties during road construction and maintenance.

2. Impairments such as residential and business inconveniences due to noise, vibrations, dust exposure, restricted access, traffic diversions, road closures, and the like must generally be tolerated by neighboring property owners without compensation.

3. All reasonable measures must be taken to avoid excessive impairments during the construction period.

1. Street Distance is the minimum distance to the street. Street distance regulations take precedence over general distance regulations.

2. Distances are measured from the edge of the carriageway on streets.

3. Along streets with sidewalks, pedestrian, or bicycle paths, the distances according to Art. 58 para. 1 lit. c-f apply from the edge of these facilities.

4. For trees and other plants, the distances apply up to the center of the trunk.

5. Heights are measured from the level of the edge of the carriageway or the edge of the sidewalk, pedestrian, or bicycle path.

1. In the absence of specific regulations, the following road distances apply to

a) Buildings and installations

1. 6 m on cantonal roads outside built-up areas;

2. 5 m on cantonal roads within built-up areas and on collector roads;

3. 4 m on access roads;

4. 3 m on paths;

b) High-stemmed trees and trees in forests

1. 5 m on cantonal roads outside built-up areas;

2. 3 m on cantonal roads within built-up areas, as well as on collector and access roads;

3. 2 m on paths within the construction zone;

c) Hedges, ornamental trees, shrubs, and the like: 1 m, with additional height above 1.20 m requiring the additional height measurement; hedges must be trimmed back so that they maintain a distance of 0.50 m from the edge of the carriageway or sidewalk;

d) Enclosures such as walls, fences, and the like

1. 0.80 m on cantonal roads outside built-up areas, with additional height above 0.90 m requiring the additional height measurement;

2. 0.50 m on cantonal roads within built-up areas, as well as on collector and access roads, with additional height above 1.20 m requiring the additional height measurement;

e) Retaining walls and slopes: 0.50 m;

f) Deposits, such as building materials, wood, and the like: 1 m, with additional height above 1.20 m requiring the additional height measurement.

2. Municipalities can establish smaller or larger road distances for municipal roads and public roads in private ownership through regulations.

1. For uninhabitable small structures and temporary buildings, as well as smaller installations up to 2 meters in height, the road distance is set at 2 meters, provided that neither traffic overview nor other public interests are impaired.

2. When garage entrances and similar openings are directed towards the street, a forecourt with a minimum depth of 6 meters must be established, without claiming sidewalk or roadway surfaces. Municipalities may establish smaller forecourt depths by regulation.

3. Projections such as roof overhangs, canopies, balconies, and similar structures along cantonal roads may extend up to a maximum of 1 meter, and stair projections up to 1.50 meters, into the road distance or building line.

4. For buildings and installations with significant feeder traffic, greater road distances may be prescribed on a case-by-case basis.

1. No Distances Apply to

a) Constructions serving public transportation;

b) Facilities serving private and public transportation;

c) Trees and other plants used for the design of the road space and are components of the road installation according to Art. 10, provided traffic safety is not impaired.

2. Along sidewalks, pedestrian and bicycle paths within urban areas, enclosures and retaining walls can be placed at the edge of these installations, as long as neither traffic safety nor other public interests are impaired. This provision applies mutatis mutandis to hedges. The government council regulates the details.

1. Exceptions to the compliance with street distance regulations may be granted by the Department of Construction and Economy for cantonal roads, and by the respective municipal authority for other public roads, if

a) neither traffic safety nor future road construction is impaired;

b) objects for protection under the Building Act are to be preserved.

2. In any case, exceptions may only be granted if special circumstances are present and no further public interests are opposed.

3. Exception permits for buildings and facilities within the street distance may be associated with a capital appreciation or removal agreement. In this case, the exception permit shall be noted in the land register as a restriction of public law ownership at the expense of the landowner.

1. For existing buildings and structures that do not comply with the legal distance from the street, the provisions of the Building Act regarding the guarantee of existing conditions apply accordingly.

2. If buildings and structures described in paragraph 1 are voluntarily demolished or destroyed by natural disasters, fire, or explosion, the competent authority may require that any new construction maintain the proper distance from the street.

1. In road construction project plans or in special utilization plans (building line plans, neighborhood or design plans), building lines deviating from the statutory road distances may be established.

2. The issuance and amendment of special utilization plans by the municipality shall be governed by the Construction Act.

3. The Department of Construction and Economic Affairs shall issue or amend building line plans along cantonal roads. The provisions pursuant to Art. 37 et seq. shall apply mutatis mutandis.

1. On existing buildings and installations within the area of a building line, only those works required for maintenance and contemporary renovation may be carried out. More extensive structural alterations can only be approved if they are associated with a value-added or removal commitment. In this case, the requirement is to be noted as a public-law property restriction in the land register at the cost of the property owner.

2. If buildings and installations according to paragraph 1 are voluntarily demolished or destroyed by natural forces, fire, or explosion, any new construction must adhere to the building line distance.

3. Exceptions to compliance with building lines are determined analogously according to Article 61.

4. If a plot of land is divided by building lines in such a manner that the development of the remaining land areas is rendered impossible or excessively difficult, the property owner can demand that the entire plot be acquired for compensation. The obligation to acquire falls to the canton in the case of cantonal roads and to the municipality for municipal roads. This is subject to compensation for material expropriation according to the Expropriation Act, provided the property owner does not request acquisition.

1. The field of vision includes the area in which the unobstructed view of road users must be ensured for traffic safety reasons. The standards of the Swiss Association of Road Professionals and the road traffic legislation are decisive.

2. Regardless of the statutory road distance regulations or building lines, constructions and installations may neither be erected nor altered if this would impair the necessary visibility conditions of road users. This provision applies correspondingly to plants.

3. Anyone seeking approvals under this law must demonstrate the required field of vision. If the field of vision affects neighboring properties, the applicant must provide the written declaration of the affected landowners for keeping the field of vision clear and the consent to record it as a public-law property restriction. The field of vision is to be noted as a public-law property restriction on the affected properties at the applicant’s expense.

4. For reasons of traffic safety, fields of vision may be imposed on adjacent land at intersections, in curves, at driveways, and at road junctions in a road construction project, during the granting of approvals under this law, or by order in individual cases.

1. The clearance profile defines the space required for the safe and full use of the traffic area.

2. Plants may not protrude into the street's clearance profile. Property owners are obliged to keep the clearance profile constantly unobstructed. In forests, Article 46 paragraph 2 applies.

3. The clear height is

a) 5 m above traffic areas designated for motor vehicle traffic;

b) 2.50 m above traffic areas not designated for motor vehicle traffic, especially above sidewalks, pedestrian and bicycle paths.

4. Laterally, the clearance must be maintained up to 0.50 m from the edge of the roadway.

1. The creation or modification of private driveways and accesses, as well as street junctions into a road belonging to the canton or municipality, require a permit. A permit is also necessary if an existing driveway or street junction is to serve a significantly larger or different type of traffic than previously.

2. The authority responsible for granting the permit for cantonal roads is the Civil Engineering Office, while for municipal roads it is the competent municipal authority. If a road construction project envisions the junction of a public road into a cantonal road, the approval of the cantonal Civil Engineering Office must be obtained before the project approval.

3. The permit is granted if traffic safety and visibility fields are ensured and no significant traffic obstruction is to be expected.

4. Permits may be subject to conditions and stipulations. The permitting authority may, in particular, impose regulations regarding the location and design of the driveway, access, or street junction.

5. The issuance of the permit can be made contingent on the submission of a building line, district, or design plan.

6. To allow rear properties access to roads according to this law, the responsible authority may require the owners of the front properties to grant the necessary driving and passage rights or to transfer the necessary land as property, in exchange for full compensation. If no agreement on compensation is reached between the involved landowners, it will be determined upon request by the higher court after the relevant order has become final.

1. If an existing connection to a public road is significantly burdened by new constructions or changes in use, the competent authority may require the permit holder to adjust the connection to the changed conditions at their own expense.

2. If the permit holder and the affected landowners cannot agree on the adjustment of the connection, the competent authority may grant the permit holder the right of expropriation to acquire the land and rights needed to adapt such exits to the requirements of traffic.

1. In cases of unclear or dangerous driveways, entrances, and road junctions, the competent authority may require the adjacent property owners to improve visibility through appropriate measures.

2. Private driveways, entrances, and road junctions may be subsequently restricted or removed if traffic safety necessitates it or if an alternative access is safer. The removal of existing entrances, driveways, and road junctions without a replacement option is allowed only for important reasons and with appropriate compensation.

3. If the parties cannot agree on the compensation, the valuation procedure according to the Expropriation Act must be conducted.

1. The diversion of stormwater from adjoining properties onto the street or into the street drainage system requires a permit.

2. The authority responsible for granting the permit is the Civil Engineering Office for cantonal roads and the relevant municipal authority for municipal roads.

1. Fees for connection and usage must be paid for the discharge of stormwater from adjoining properties into the canton’s street drainage systems.

2. The municipalities collect the connection and usage fees for the canton according to the provisions of the Environmental and Water Protection Act and the municipal wastewater regulations. The municipality reimburses the canton for the fees, subject to reasonable compensation for expenses.

3. No fees are charged for the discharge of stormwater from public roads of the canton or the municipalities into the sewage systems of another community.

1. The placement and modification of street advertisements in accordance with Article 6 of the Road Traffic Act, as well as operational signposts, hotel signposts, tourist signals, and traffic mirrors, require a permit. The procedure is governed by building legislation.

2. For street advertisements within the visibility area of cantonal roads, an additional permit from the Civil Engineering Office is required.

3. For the application of the provisions regarding street advertisements under the Federal Signage Ordinance, the Department of Construction and Economic Affairs, in collaboration with the Cantonal Police, issues guidelines for street advertisements throughout the entire canton.

4. In areas of scenic conservation and on protected objects, street advertisements may be restricted or prohibited if they contradict the purpose of protection.

5. The property owners bear the costs of signals, traffic mirrors, and special signposts which are installed at their request and primarily serve their property.

1. Construction costs include all expenses for planning, designing, land acquisition, construction interest, construction work, construction management, marketing, and surveying of the roads.

2. Maintenance costs include all costs for operational and structural maintenance. Maintenance costs are considered as fixed expenditures.

**1. Costs for Construction and Maintenance of Cantonal Roads**

The costs for the construction and maintenance of cantonal roads are borne by the canton. Exceptions are reserved in Article 74 paragraph 2, Article 75, and Article 76.

**2. The municipalities bear:**

a) the maintenance costs according to Article 50 paragraph 2;

b) 50 percent of the maintenance costs for signals and markings within towns.

1. The municipalities shall contribute to the construction costs of projects on cantonal roads pursuant to Art. 23 para. 1 as follows

a) for sections within towns with two sidewalks: 25%;

b) for sections within towns with one sidewalk: 20%;

c) for sections within towns without sidewalks: 5%;

d) for sections outside towns with two sidewalks: 20%;

e) for sections outside towns with one sidewalk: 15%;

f) for sections outside towns without sidewalks: 5%;

g) for lighting installations: 50%;

2. If the construction costs for high-performance roads and engineering structures are extraordinarily high, the municipal contribution may be reduced by the competent cantonal authority pursuant to Art. 34.

3. For the construction costs of traffic junctions (intersections, roundabouts) as well as post bus and bus stop bays, para. 1 applies mutatis mutandis.

4. The construction costs for street space designs pursuant to Art. 23 para. 1 lit. c shall be allocated according to the interest.

5. The construction costs for environmental protection measures pursuant to Art. 23 para. 1 lit. e shall be borne by the polluter.

1. If constructions and facilities, such as shopping centers, leisure and recreational facilities, as well as heavy traffic hubs, result in significant traffic volumes, the canton may levy contributions toward the construction costs of cantonal roads when the traffic facility is predominantly constructed, expanded, or upgraded to a higher standard in the interest of a third party.

2. For constructions and facilities with significant traffic volumes, the maintenance costs incurred as a result may be wholly or partially imposed on the responsible parties.

1. The costs for construction and maintenance of municipal roads are borne by the municipalities. Subject to Article 77 paragraph 2, Article 78, and Article 79.

2. The costs for structural maintenance according to Article 49 paragraph 2 letter b are divided between the canton and the municipality in accordance with Article 75 paragraph 1.

1. The contributions from the canton to the municipalities for the construction and maintenance of public roads are governed by Art. 5 para. 2 of the Law on the State Road Account and the Performance-Related Heavy Vehicle Charge (52).

1. Property owners shall contribute to the construction costs for the new and expansion of municipal roads with the following contributions

a) for collector roads: maximum 50%;

b) for access roads: maximum 90%;

c) for agricultural and forestry service roads: maximum 90%;

d) for separate paths: maximum 20%.

2. The municipality shall determine the contributions in the regulations.

1. The costs for the construction and maintenance of public roads on private property shall be borne by the property owners, insofar as no contributions are available pursuant to Art. 81.

**1. The municipality shall contribute to the operational and structural maintenance of public roads on private property as follows:**

a) For collector roads: minimum 50%;

b) For access roads: minimum 15%;

c) For agricultural and forestry service roads: minimum 10%;

d) For separate paths: minimum 15%.

**2. The municipality shall determine the contributions in the regulation.**

1. In the perimeter procedure, the contributions of landowners to the construction costs for the new construction and expansion of municipal roads are apportioned by establishing a perimeter according to Article 79.

2. The perimeter procedure is conducted accordingly for contributions of landowners to the construction and maintenance costs of cantonal roads in the case of buildings and facilities that entail high traffic volumes.

1. Owners of real property who derive a special benefit are required to pay appropriate contributions.

2. Contributions may be levied on third parties, insofar as a special benefit accrues to them.

1. All properties that receive special benefits from a road construction project must be included in the perimeter.

2. The perimeter contributions shall be assessed in proportion to the economic benefits accruing to the properties liable for contributions. In their total amount, they must not exceed the construction costs.

3. The allocation of costs to the individual properties is based on the area and benefit principle.

4. The government council shall regulate the particulars of the perimeter procedure.

1. The costs for the adjustment or elimination of level crossings are to be borne by the railway company and the road owner in proportion to how the development of traffic on their installations necessitates them.

2. If the development cannot be determined, the canton and municipalities provide contributions according to Art. 86.

1. The canton contributes to the eligible costs of adjusting or eliminating existing railway crossings on municipal, corporate, and private roads in the amount of one-third. These contributions are charged to the state road account.

2. The local municipality contributes to the eligible costs of adjusting or eliminating existing railway crossings on corporate and private roads in the amount of one-third. These contributions are considered fixed if the canton provides contributions.

3. The governing council shall issue the necessary implementing regulations, particularly regarding the eligible costs and the procedure.

**1. The Government Council shall issue a fee schedule for the use of cantonal roads that exceeds general usage, as well as for permits issued by the canton under this law. The municipality shall issue a corresponding fee schedule for the remaining public roads.**

**2. When assessing the fees, consideration shall be given to the economic benefit associated with the permit, the extent, duration, and intensity of the use, the interest of the fee-paying parties, and the impact on the road.**

1. Appeals against orders and resolutions of the Municipal Council, issued in application of this law and the implementation decrees, can be filed with the Department of Construction and Economic Affairs within 20 days.

2. Otherwise, legal protection is governed, subject to federal legal provisions, by the Administrative Procedure Act.

1. If an order issued pursuant to this law is not followed, the competent authority may take the necessary measures at the expense of the obligated parties or have them carried out by third parties.

2. Except in urgent cases, substitute performance must be threatened by setting a reasonable deadline and indicating the expected costs. Otherwise, the procedure shall be governed by Art. 60 et seq. of the Administrative Procedure Act.

1. Anyone who intentionally or negligently violates this law or any decrees and orders based on it shall be punished with a fine ranging from 300 to 40,000 Swiss Francs. In particular, punishable offenses also include the use of roads beyond common use without authorization or concession, the excessive impairment or damage of roads, as well as the construction or modification of driveways and access to roads without permission.

2. Jurisdiction and procedures are governed by the Code of Criminal Procedure.

1. The Government Council issues the provisions necessary for the implementation of this law. It is particularly authorized to enact additional regulations regarding the use of roads by third parties, as well as supplementary road construction police regulations.

1. The Executive Council may enter into agreements with the Confederation and other cantons regarding the assumption and transfer of construction and maintenance of national and cantonal roads within the territory of the Canton of Appenzell Ausserrhoden and neighboring cantons.

1. Road Planning Zones, Road Construction Project and Building Line Plans, Exceptions for Deviation from Road Distances and Building Lines, as well as Administrative Contracts with Roadside Property Owners, can be noted in the Land Register.

1. The Law of April 30, 1972, on State Roads is repealed.

2. The Ordinance of February 26, 1973, relating to the Law on State Roads is repealed.

3. The Ordinance of May 29, 1973, concerning the Contribution of the Canton to the Municipal Expenses for Road Matters is repealed.

4. The Fee Schedule of January 13, 1997, relating to the Law on State Roads is repealed.

5. Articles 156-160 of the Law of April 27, 1969, on the Introduction of the Swiss Civil Code are repealed.

6. The Construction Law of May 12, 2003, is amended as follows

1. The classification of roads according to the previous law remains in effect until reclassification.

1. The street directory and the street regulations are to be made publicly available within three years after the enactment of this law. The Department of Construction and Economic Affairs may extend this deadline upon request.

1. Existing plants at the time of this Act's entry into force that do not comply with the written street distance must be removed insofar as they impair traffic safety.

2. Avenues may continue to exist insofar as traffic safety permits.

1. Upon the coming into force of this law, all projects requiring approval, for which a final decision has not yet been made, are to be assessed substantively according to the new regulations.

2. Authorities that are no longer competent under the new law must still complete the procedures pending before them. Any possible appeal shall be governed by the new jurisdictional rules.

1. The law is subject to an optional referendum.

2. The government council determines the commencement.