Ordinance on Hydraulic Engineering (WBauV) - Waterbody Register (WBAUV)

1. The water register depicts the courses of public waters; the representation corresponds to that in the cadastral plans.

2. Bodies of water contained in the water register are presumed to be public waters insofar as their legal nature has not yet been legally established.

1. The Department of Construction and Economic Affairs is responsible for the continuation of program agreements with the federal government, provided they do not entail additional services from the canton.

1. Property owners shall be timely informed about upcoming maintenance measures on their properties.

2. For monitoring purposes, the temporary use of private properties, roads, and paths is permitted at any time, even without prior notification.

3. Any damage resulting from the temporary use of private properties must be fully repaired or compensated.

1. Periodic, minor maintenance measures such as stand care or debris removal can be carried out by the specialist office without the notifications required under the Perimeter Ordinance. The cost distribution is not affected by this.

1. The Department of Construction and Environment decides on water construction projects with new expenditures up to 250,000 Swiss francs and with committed expenditures up to 1,000,000 Swiss francs.

1. The project documents for public disclosure generally contain

a) a technical report;

b) site plan, planting plan, longitudinal, cross, and standard profiles;

c) a cost estimate;

d) updated hazard basis with the hazard situation before and after the execution of the project (informative);

e) updated watercourse boundaries (informative);

f) plans regarding the permanent and temporary encroachment on private rights.

1. The project will be staked out on the site during the public display in the following cases

a) Alteration of the alignment of a body of water;

b) Exposure of a body of water;

c) Modification of the shoreline.

1. Administrative Law Contracts with Owners of Properties Adjacent to Water Bodies Can Be Noted in the Land Register.

1. Public display and approval may be waived for

a) * minor expansion measures and disclosures;

b) * rectification of major damage to protective structures;

c) * replacement of existing protective structures;

d) * immediate measures to limit damage.

2. If all entitled parties agree, the project may commence before the expiration of the objection periods.

1. The following do not require water construction police approval

a) minor maintenance work on existing utility facilities (e.g., utility lines, walls, culverts, bridges);

b) minor construction projects serving normal maintenance, such as repairs or renovations;

c) construction projects in hazard areas with low risk that do not affect hazard-sensitive objects.

1. The following documents must be submitted with the concession application

a) Description of all essential parts of the project;

b) Overview map 1:25,000;

c) Site plan 1:5,000;

d) Longitudinal profile 1:10,000/1,000;

e) Hydrological report.

2. The competent authority may require additional documents such as detailed plans or geological reports.

1. The concession application shall be publicly displayed for 30 days. During this period, any person affected by the concession project and having a legally protected interest in its implementation, prevention, or modification may file an objection with the Government Council.

2. The Department of Construction and Economic Affairs shall attempt to resolve objections through conciliation. In the event of significant changes, the public display must be repeated.

1. The government council decides on pending objections of public law nature within the context of the decision on the granting of concessions.

2. Objections of private law nature are referred to civil proceedings.

1. The right of expropriation under Article 26, Paragraph 5 of the Act pertains to the property ownership indispensable for the execution of the project, to necessary limited rights in rem, as well as to existing private law and granted usage rights which conflict with the exercise of the concession.

2. Disputes concerning the obligation to cede are decided by the Government Council. The jurisdiction of the Federal Court remains reserved.

3. Furthermore, the expropriation is to be carried out in accordance with the Federal Act on Expropriations.

1. Concession Provisions such as Content, Duration, Renewal, Forfeiture, and Consequences of the Expiration of the Concession are determined by the government council on a case-by-case basis in compliance with the provisions of federal legislation.

1. Construction work may only commence once the building permit has been legally obtained.

2. Jurisdiction and procedure for issuing the building permit are governed by the Law on Spatial Planning and Building Law.

3. The concession and building permit procedures must be coordinated in substance. The construction decisions by the municipality and the canton are issued simultaneously with the concession decision of the government council. The unified legal appeal instance for all procedures is the Higher Court.

1. The fee for water withdrawals requiring approval from bodies of water is CHF 0.40/m³.

1. Applications pursuant to Article 26, paragraph 2 of the Act are only made publicly available when third parties are affected. In such cases, an objection period of 20 days applies.

2. Furthermore, the provisions regarding the licensing procedure are applicable mutatis mutandis.

1. The regulation enters into force with the law.