Ordinance on the Introduction of the Federal Act of 4 October 1985 on Footpaths and Hiking Trails - Purpose

1. The ordinance serves to implement the Federal Act on Footpaths and Hiking Trails. It regulates the competencies, procedure, and financing related to the planning, establishment, and maintenance of the footpath and hiking trail network.

1. The canton and the municipalities promote the planning, construction, and maintenance of interconnected footpath and hiking trail networks. In the fulfillment of their other tasks, they take into account the needs of pedestrians and observe traffic safety.

1. The pedestrian pathway network provides access to and connects, in particular, residential areas, workplaces, kindergartens and schools, public transport stops, public facilities, recreational areas, as well as shopping stores.

2. According to Art. 2 FWG, the pedestrian pathway network also includes paths outside of the settlement areas, especially if they connect permanently inhabited parts of the locality or hamlets with the village or primarily serve a health resort operation.

1. The hiking trail network opens up areas important for recreation and connects them with population centers, public transportation stops, larger parking facilities, and tourist amenities.

2. According to Art. 3 FWG, the hiking trail network also includes sections and parts of the footpath network within the settlement area if they connect hiking trails with each other or link to public transportation stops.

1. The municipalities shall issue a special master plan for footpaths and hiking trails within their area, pursuant to Art. 21 of the Cantonal Implementation Act to the Federal Spatial Planning Law (EG to RPG). Unless new installations are exceptionally necessary (see Art. 14), the network shall be based on existing public paths.

2. The master plan for footpaths and hiking trails shall be reviewed within the scope of the local planning revision and aligned with its instruments according to Art. 20 of the Cantonal Implementation Act to the Federal Spatial Planning Law (EG to RPG).

1. The Association for Appenzell A.Rh. Hiking Trails must be consulted in the planning, modification, and adjustment of the hiking trail networks.

1. The master plan for footpaths and hiking trails must be made public by the municipal council before its enactment. During a period of 30 days, anyone may submit written comments to the municipal council. These submissions will be addressed collectively and summarised.

1. The draft plan must be submitted to the Department of Construction and Economy for preliminary examination before the public announcement.

1. The enactment of the directive plan concerning footpaths and hiking trails is governed by the provisions of Art. 21 para. 3 of the Cantonal Implementing Law to the Federal Act on Spatial Planning (EG to RPG).

2. Before any potential amendments during the approval process by the Government Council, the affected parties must be heard.

1. Plan modifications include the creation, abolition, or relocation of footpaths and hiking trails.

2. The same procedure applies to plan modifications as to the enactment of a plan. Exempt are minor changes, which are conclusively decided by the municipalities. The changes must be reported to the Department of Construction and Economic Affairs. The municipalities may impose stipulations and conditions.

1. The master plans concerning footpaths and hiking trails are binding for the authorities.

1. The canton consolidates the municipal hiking trail networks into a cantonal plan of hiking trails in accordance with Article 4 of the Federal Hiking Trails Act (FWG).

1. The agency (cf. Art. 21 para. 2) establishes guidelines concerning the content of the plans.

1. As far as the paths do not already exist, the municipalities shall ensure the creation of the footpaths and hiking trails recorded in the plans.

1. The regular maintenance of footpaths and hiking trails is governed by the Implementing Act to the Swiss Civil Code. Municipalities determine, according to their needs and considering safety, which paths they will ensure snow removal for. In the event of neglect of regular maintenance, the municipality shall take the necessary measures or carry out the maintenance itself at the expense of the obligated party.

2. Municipalities are responsible for the repair of footpaths and hiking trails, insofar as such repairs exceed the regular maintenance duty in accordance with paragraph 1. Repair work includes, in particular: drainage, installation of steps, measures to secure facilities and their use, renewal of bridges and footbridges, as well as the rectification of damage resulting from natural events.

1. The municipalities are responsible for the marking and signaling of footpaths and hiking trails according to the regulations and guidelines of the federal government.

2. They involve the Association for Appenzell A.Rh. Hiking Trails for the marking of hiking trails and additional markings.

3. The municipalities can delegate the marking to suitable organizations.

4. Markings may be placed on private land or attached to buildings and enclosures. Legitimate interests of landowners and adjacent property owners must be taken into account as far as possible.

5. Markings must not be soiled, covered, obstructed, or otherwise impaired or damaged.

1. Municipalities shall ensure that footpaths and hiking trails can be used freely and as safely as possible.

2. They shall also ensure the legal security of public access by acquiring the necessary rights. If no voluntary agreement is reached, the municipality shall initiate expropriation proceedings.

3. Agricultural use shall remain safeguarded, but consideration must be given to public accessibility.

1. Interventions in the hiking trail network require a permit from the municipality, which obtains the approval of the office for pedestrian and hiking trails. The application must include a report from the Association for Appenzell A.Rh. Hiking Trails.

2. Interventions in the pedestrian path network require a permit from the municipality.

3. Interventions are particularly considered to be constructions, installations, and measures that are unsuitable for pedestrian and hiking trails and permanently impair them.

1. If an intervention in the footpath and hiking trail network gives rise to a duty of compensation in accordance with Article 7 of the FWG, the perpetrator of the intervention is generally liable for compensation.

2. The municipalities decide on the obligation to compensate.

3. They are authorized to undertake the substitution at the expense of the obligated party.

1. Planning, construction, and maintenance of footpaths and hiking trails are the responsibility of the municipalities.

1. The Department of Construction and Economic Affairs supervises the footpaths and hiking trails.

2. The specialist office for footpaths and hiking trails within the meaning of Art. 13 of the Hiking Trails Act is the cantonal Civil Engineering Office.

1. The Association for Appenzell A.Rh. Hiking Trails is recognized as a private expert organization in accordance with Art. 8 FWG.

2. It supports the offices of the canton and municipalities in the planning, establishment, maintenance, and replacement of the hiking trail network, particularly through expert consultation and the provision of foundational resources.

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3. The Association for Appenzell A.Rh. Hiking Trails receives an annual lump-sum contribution commensurate with its services for the hiking trail network.

1. Appeals against decrees issued by the municipalities and the Department of Construction and Economic Affairs may be lodged with the Government Council within 20 days.

1. The Association for Appenzell A.Rh. Hiking Trails is also authorized to file appeals concerning issues related to the network of hiking trails.

1. Any person who violates this ordinance or any orders issued based on it shall be punished with a fine of up to CHF 20,000.00.

1. With the entry into force of this regulation, all pending procedures concerning interventions in the footpath and hiking trail network shall be substantively assessed according to the new provisions.

2. Plans regarding the footpaths and hiking trails must be submitted to the Department of Economic Affairs for approval by the government council by the end of June 1990. Until approval by the government council, the master plan overview No. 2 established as a transitional regulation remains binding.

1. This ordinance comes into force upon adoption by the Cantonal Council.