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10.5106 BLNR CH-UR

Regulation on the Ordinance on Contributions for Agricultural Nature Conservation (BLNR) (BLNR)

29 Articles / Provisions · Canton of Uri — Cantonal Legislation
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Table of Provisions (29)

Statutory Text (29 Provisions)

**General Provisions - Purpose**

1. This regulation implements the Ordinance on Contributions for Agricultural Nature Conservation (BLNV).

General Provisions - General Jurisdictions

1. In the area of agricultural land (AL), the Directorate of Economic Affairs exercises supervision over the implementation of legislation concerning subsidies for agricultural nature conservation. It concludes the management contracts.

General Provisions - General Jurisdictions

1. In the area of other surfaces (non-agricultural use areas, non-LN), the Department of Justice exercises oversight over the implementation of legislation regarding contributions for agricultural nature conservation. It is responsible for concluding management agreements.

General Provisions - General Jurisdictions

1. The Office for Agriculture executes the BLNV and this regulation, insofar as these decrees do not assign tasks to another authority or specialized agency.

General Provisions - General Jurisdictions

1. The Department of Nature and Heritage Protection is the specialist authority for the protection of nature and landscapes. It assumes the responsibilities expressly assigned to it by this regulation.

Special Provisions - Contribution Objects and Their Definition

1. The following are considered contribution objects according to Article 5 of the BLNV, provided they meet the requirements of the regulation, in particular

a) extensively used meadows (poor meadows)

b) wild hay areas

c) less intensively used meadows

d) extensively used pastures (poor pastureland)

e) litter areas

f) hedges, field and bank groves

g) restoration areas

h) new plantations

i) riparian meadows along flowing waters

j) region-specific biodiversity areas

2. The objects mentioned in paragraph 1 letters a, c, d, g, h, i, and j must constitute agricultural utilized areas within the meaning of the Agricultural Terminology Ordinance (SR 910.91).

3. Areas of additional landscape elements such as dry stone walls, stone piles, and so on, are attributed to the contribution objects if they are located in or adjacent to an object according to paragraph 1 letters a to f and meet the requirements of Article 5 BLNV.

4. The contribution objects according to paragraphs 1 to 3 are only eligible for contributions if they are located in a legally binding protection zone according to the cantonal structure plan or the municipal land use plan.

Special Provisions - Contribution Objects and Their Definition

1. The terms for extensively used meadows (poor meadows), less intensively used meadows, extensively used pastures (poor pastureland), litter areas, and riparian meadows along flowing waters are determined according to the Ordinance on Direct Payments (SR 910.13).

Special Provisions - Contribution Objects and Their Definition

1. Areas considered wild hayfields are those hay meadows in summering regions that have traditionally been cultivated as such and are typically not mowed annually.

Special Provisions - Contribution Objects and Their Definition

1. A hedge is considered a dense strip of woodland only a few meters wide that is not subject to forest legislation. The hedge consists of native shrub and tree species appropriate to the site. Along the hedge, there must be at least one side with a herbaceous strip at least 3 meters wide, which may only be managed extensively.

Special Provisions - Contribution Objects and Their Definition

1. Areas for Restoration are considered to be nutrient-rich meadows that are intended to be restored into a meadow or litter meadow according to Article 6. These areas must be particularly suitable for restoration in terms of location and soil conditions.

Special Provisions - Contribution Objects and Their Definition

1. New plantations are recognized as standard apple trees (pome fruit, stone fruit, and nut trees) and other free-standing, site-appropriate individual trees (especially oaks, lindens, maples), groups of trees, and hedges.

2. New plantations are only eligible for benefits if they enrich or enhance an ecologically valuable habitat.

Special Provisions - Contribution Objects and Their Definition

1. Region-specific biodiversity areas are agricultural lands that are managed in such a way to serve the conservation and promotion of certain target species.

Special Provisions - Contribution Requirements

1. Eligible for contributions are areas that are located within protection objects of local, regional or national significance according to the Law on Nature and Heritage Protection (RB [10.5101](https://rechtsbuch.ur.ch/data/10.5101/de)) or that are part of a priority area under the cantonal nature and landscape protection concept.

2. Within this framework, the Office for Nature and Landscape Protection assesses the worthiness of protection of an object. The criteria considered include in particular

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| a) | the size of the object | | |

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| b) | the quality of the object (rarity of the habitat and the animal and plant species occurring there) | | |

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| c) | the function of the habitat (e.g., linking function between two or more areas worthy of protection, buffer zones of nature reserves, habitat for rare animal species) | | |

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| d) | the diversity of the habitat | | |

Special Provisions - Contribution Requirements

1. Objects under Article 6 letters a, c, d, e, g, and i, for which contributions are applied for, must have a minimum contiguous area of 10 ares. In justified cases, particularly in buffer zones, the Department of Economic Affairs may allow exceptions to this minimum area requirement.

2. A single wild hay area must encompass a minimum contiguous area of 50 ares. In cantonal and national priority areas, the minimum area size is 25 ares.

3. Hedges must have a minimum length of 20 meters.

4. Contributions for new plantings are granted if

a) at least five new trees are planted, or

b) the new hedge meets the minimum requirements according to paragraph 3.

**Special Provisions - Contribution Requirements**

1. Exceptions under Article 9 Paragraph 2 BLNV are only permissible

a) for objects according to Article 6 Letters a to g and i, which are located in a landscape of national importance under the Nature and Heritage Protection Act

b) for new plantings

Special Provisions - Types and Amount of Contributions

1. Area contributions are provided for contribution objects according to Article 6, Paragraph 1, letters a to g.

2. A one-time planting contribution is paid for new plantings.

3. In the case of new plantings and reconversion areas, temporary compensations for reduced yields (loss of income compensations) can also be provided.

Special Provisions - Types and Amounts of Contributions

1. The area contribution consists, including the direct payments under the Federal Act on Agriculture (SR 910.1), of a basic contribution and supplements.

2. For hedges, the area contribution is paid as a lump sum.

Special Provisions - Types and Amount of Contributions

1. The basic contribution is considered to be the contributions according to the Ordinance on Direct Payments (SR [910.13](https://db.clex.ch/link/Bund/910.13/en)).

2. For objects pursuant to Article 6 letters a, b, c, e, g, and i without contributions according to the Ordinance on Direct Payments, a maximum of 21 francs per are and year is paid out as a basic contribution.

3. The following surcharges to the basic contribution are paid out per are and year

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| a) | for areas with significant management difficulties (such as mowing obstacles, difficult transportation, manual work, difficult access, additional requirements): | | maximum 9 francs |

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| b) | for specific conservation measures: | | based on effort |

4. For agreed extraordinary maintenance interventions, measures to reduce excessive shrub encroachment, and maintenance measures on particularly costly and essential infrastructures for management (such as paths and haylines), the canton may grant one-time financial support. These are compensated according to effort.

5. The Directorate of Economic Affairs, in consultation with the Department for Nature and Landscape Protection, issues guidelines for calculating the surcharges according to paragraph 3 letter a.

Special Provisions - Types and Amount of Contributions

1. Compensation for any potential loss of income or additional expenditure is determined by the amount of the reduced income or the extra expenses. The exact amount will be specified in the management contract.

Special Provisions - Types and Amounts of Contributions

**1. The Assured Total Contribution**

The assured total contribution shall automatically be reduced to the extent that the federal government reduces its contribution. The management contract must explicitly refer to this.

**Specific Provisions - Procedural Regulations**

1. Applications for agricultural conservation contributions must be submitted to the Office of Agriculture using the official form by the specified deadline.

Special Provisions - Procedural Rules

1. The Office of Agriculture reviews the agricultural prerequisites according to the Direct Payment Ordinance (SR 910.13). The Office of Agriculture then forwards the application to the Specialist Agency for Nature and Landscape Protection.

2. The Specialist Agency for Nature and Landscape Protection assesses whether there is a contribution object under Article 5 BLNV and maps the areas. It determines the exact amount of the contribution and the management regulations. It communicates the result to the Office of Agriculture.

Special Provisions - Procedural Rules

1. Based on the assessments according to Article 22, the Department of Economic Affairs (LN) or the Department of Justice (Non-LN) enters into the corresponding management contract with the applicant.

Special Provisions - Procedural Rules

1. The Office for Agriculture prepares the payment lists for the agricultural area (LN).

2. The Specialist Office for Nature and Landscape Protection prepares the payment lists for the non-agricultural area (Non-LN).

3. The Office for Agriculture and the Specialist Office for Nature and Landscape Protection obtain the federal shares from the competent federal offices.

4. As soon as the federal contributions have been transferred, the competent office pays the contributions to the operator according to these regulations.

Special Provisions - Procedural Rules

1. The Office for Agriculture and the Specialist Department for Nature and Landscape Conservation periodically review whether the ecological value of a subsidized object is being impaired due to improper management.

Special Provisions - Procedural Rules

1. The Office of Agriculture demands the repayment of contributions that were unjustly received in accordance with Article 17 of the BLNV.

Special Provisions - Procedural Rules

1. The Office for Nature and Landscape Protection maintains a registry in accordance with Article 18 of the BLNV.

Final Provisions

1. The Regulation of March 27, 1995, on the Ordinance Concerning Contributions for Agricultural Nature Conservation (BLNR) is repealed.

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