Ordinance on Landowner Contributions for the Correction or Engineering of Public Waters (Perimeterverordnung) - Principle

1. To the extent that the costs of correcting or constructing a public watercourse and the maintenance of a construction work are not covered by subsidies from the federal government, the canton, and the municipalities, the landowners are required to contribute pursuant to the provisions of this regulation.

1. Liable to contribute are all owners of properties or parts of properties that are situated within the protection area defined by a perimeter and who derive an advantage from the expansion of the watercourse. Such an advantage is presumed if a danger can be averted or usage possibilities can be improved.

2. The obligation to contribute also includes industrial facilities within the protection area, such as roads, railways, and above-ground and underground pipelines.

3. Public properties and industrial facilities are treated equally to private ones.

4. Under the terms of Article 8, paragraph 3, holders of water use rights may also be obliged to contribute.

1. Contributions shall be calculated based on the advantages derived by the properties or installations deemed subject to obligation within the perimeter from the construction works.

2. The advantage is determined according to the size or value of the properties or installations, the expected benefit, the extent of the averted danger, and the existing maintenance obligations.

3. The total sum of all contributions, together with the services provided by the public authorities or third parties, must not exceed the total cost of the construction.

1. For the calculation of contributions, the total costs of the construction are decisive, including expenses for shoreline design, land acquisition, compensation, planning, construction management, and construction interest.

2. Contributions from public authorities and third parties are to be deducted, as well as additional contributions from the canton for extraordinarily extensive measures to secure or restore the riverbed.

3. If the construction segment is divided into individual sections, the construction cost accounting must be prepared by sub-segments. In such cases, separate perimeter procedures will be carried out.

1. If maintenance work or other structural measures are carried out on constructions or structural parts within the scope of development that do not serve development purposes, the costs shall be borne by the owners. Such constructions or structural parts are particularly considered to be

a) Bridges including abutments, pillars, wing walls along with the corresponding foundations;

b) Walls for the protection of buildings, forecourts, or other facilities;

c) Stream coverings;

d) Pipelines and canals in or over the body of water;

e) Ponds, reservoirs, weirs, and other artificially created capture and utilization facilities.

2. If the relevant constructions also serve development purposes, a corresponding share of the construction costs is to be allocated to the perimeter company.

1. Basis for the Calculation of the Proportional Amount of Each Contribution

a) Area or Estimated Value;

b) Frontage Length;

c) Hazard Zone.

1. Contribution Calculation

The basis of contribution calculation shall, at the discretion, be either the land area or an estimated value, depending on which method allows for a more balanced distribution of contributions. The same calculation bases shall be applied throughout the entire procedure.

2. Consideration of Land Area

If the land area is considered, the existing and future possible use must be taken into account in an appropriate manner. Liable work facilities must be assessed according to comparable valuation standards.

3. Calculation Based on Estimated Value

If the contribution calculation is based on an estimated value, the liable properties or work facilities, including their components, must be assessed based on uniform criteria; potential uses resulting from zoning regulations must be taken into account.

1. Adjoining property owners, responsible for the ordinary maintenance of the banks, can be obliged to bear a fixed share of the fortification costs attributable to liable parties. The share of each individual property owner is determined by the length of their adjoining property. The condition of the bank, as well as any bank protections executed by those responsible for maintenance, must be appropriately taken into account.

2. The total of these contributions may constitute up to 30 percent of the costs attributable to the liable parties, depending on the average condition of the bank.

3. If the maintenance of the bank is specifically regulated by water rights concessions, the obligation to contribute pursuant to paragraph 1 falls upon the concession holder.

1. The chargeable properties and installations are classified into different zones with graduated contribution rates based on their risk level.

2. In determining these zones, the following factors must be particularly considered

a) Location and distance from the water body;

b) Topography;

c) Condition of the bank;

d) Existing protective structures and bank reinforcements;

e) Possible water levels and flow during floods;

f) Soil composition.

3. Generally, no more than three zones should be created.

1. The cantonal government may commission the canton, the involved municipalities, or a water construction cooperative to carry out the fortification.

2. The perimeter procedure is conducted by a perimeter commission (Art. 11).

1. The five-member Perimeter Commission is appointed by the District Government (Regierungsrat). Three members, including the chairperson, shall be elected from the three districts, and the remaining members shall be chosen upon the proposal of the municipality in which the construction project is carried out. If several municipalities are involved, the number of members may be increased. Members originating from the districts may be designated as permanent members.

2. The Department of Construction and Economic Affairs handles the secretarial functions.

3. The Perimeter Commission is responsible for all decisions to be issued based on this regulation, unless otherwise specified.

1. The Perimeter Commission prepares a cost distribution at the time the construction project is publicly filed, which contains the following information

a) Decision of the Government Council regarding the construction execution and initiation of the perimeter procedure;

b) Amount of the estimated total costs, the contributions from the federal government, canton, and municipality, any preliminary services, and the total share of costs attributable to the contributors based on the cost estimate;

c) Justification of the calculation method and indication of the main criteria for the classification of danger zones;

d) Perimeter plan with the delineation of the perimeter area and the individual danger zones;

e) Complete perimeter table with the proportional contributions in percentages and francs according to the cost estimate.

2. The entity responsible for the perimeter project must be given an opportunity to provide feedback before the cost distribution is filed.

1. The cost distribution plan shall be made available for inspection in all municipalities involved in the development project for a period of 20 days.

2. The availability for inspection must be publicly announced and communicated in writing to the parties liable for contributions, with an indication of the possibility to file an objection.

1. During the publication period, the obligated contributors may file an objection against the cost distribution. The objections must be submitted in writing to the municipal office for the attention of the perimeter commission. They must contain a request and a justification.

2. If the objections cannot be settled amicably, the commission shall make a decision. If changes to the cost distribution are made in the objection procedure, parties significantly affected by these changes must be granted party rights.

3. An appeal against an objection decision can be lodged with the Government Council within 14 days.

1. Construction work may not commence until the cost distribution has become legally binding.

2. If the implementation of the construction project is urgent, the governing council may permit the start of construction before the cost distribution has become legally binding. However, upon the disclosure of the construction project, at least a provisional perimeter plan delineating the properties or facilities likely to be subject to contributions must be available.

1. The legally binding obligation to contribute to the construction work shall be noted in the land register upon the application of the entity responsible for the perimeter project.

1. If the actual circumstances change, the Perimeter Commission shall make the necessary adjustments to the cost distribution. The enterprise's administration must be consulted beforehand.

2. The affected parties shall be given the opportunity to file an objection against the changes within a period of 30 days. In all other respects, the procedure shall be governed by Art. 14.

3. An amendment to the cost distribution may be requested by those liable to contribute and by the administration of the perimeter enterprise.

4. If the actual circumstances within the protected area of the development have significantly changed due to structural measures, it may be requested that the cost distribution be adjusted and reissued.

1. The operator of the perimeter company shall issue the contribution decree (invoice) to the contributors based on the cost distribution after the completion of the construction billing. Any deviations from the cost estimate must be briefly justified.

2. An appeal against the contribution decree can be lodged with the Government Council within 14 days. The legally binding cost distribution can no longer be contested.

1. In the case of extended construction time, progress payments may be requested.

1. Debtor of the Determined Perimeter Contribution is the person who, at the time of the issuance of the contribution order, is the owner of the property or facility subject to the contribution.

1. The contributions are owed to the entity responsible for the perimeter undertaking.

2. They become due for payment 60 days after the delivery of the contribution notification.

3. From the due date, default interest is payable, the rate of which is generally determined by the government council.

4. Filing an appeal does not exempt one from paying default interest on the amount recognized as legally valid in the objection or appeal proceedings.

1. Upon a justified request, installment payments can be permitted or contributions can be deferred in cases of hardship.

1. For the legally established contributions, there exists, based on Art. 234 para. 1 lit. b of the Introductory Act to the Civil Code (ZGB), a statutory lien that takes precedence over all registered encumbrances without entry in the land register.

2. The final contribution decision constitutes a definitive title for legal enforcement according to Art. 80 para. 2 of the Federal Act on Debt Enforcement and Bankruptcy of April 11, 1889.

1. The Perimeter Commission shall be granted unrestricted access to the land register for the entire perimeter procedure.

2. All land register transactions, including transcripts and copies, shall be exempt from fees in connection with a perimeter procedure.

3. The land registry office must inform the secretariat of the Perimeter Commission of all changes in the land register within the perimeter area so it can be updated accordingly.

1. The obligation to contribute to the maintenance of protective structures is determined by the maintenance perimeter. This perimeter corresponds to the construction perimeter, unless a different protection area is established due to special circumstances.

2. Those obligated to contribute should, if possible, form a water construction cooperative.

3. The supervision of the maintenance of protective structures falls under the responsibility of the canton.

1. The contributions to the maintenance costs are determined according to the cost distribution plan created for the development, unless the perimeter commission establishes a different distribution plan.

2. The procedure is otherwise subject to the provisions applicable to the development, subject to Article 28.

1. The maintenance perimeter can be extended to include additional constructed sections of a water body if this allows for a maintenance regulation to be achieved for a continuous stretch.

1. If maintenance work becomes necessary on the protective structures, the entity responsible for the perimeter management must inform the contributors about the scope of the construction work, the anticipated costs, as well as the contributions from public funds, and must also notify them of the contribution amount specified in the cost distribution plan.

2. The cost distribution plan must be adjusted based on the changes in the land registry.

3. A deadline must be set for the contributors to submit requests for changes in accordance with Article 17.

1. The execution of this regulation is the responsibility of the Government Council. It may, in particular, issue guidelines concerning the calculation of contributions.

1. This regulation shall apply to all development projects that have been commenced or completed at the time of its entry into force, provided that the parties liable for contribution have been notified of the implementation of a perimeter procedure.

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