Regulation on the Protection of the Widen Floodplain and Other Habitats along the Furkareuss between Realp and Hospental - Protection Goals

1. This regulation aims to ensure the unimpaired preservation and long-term promotion of

a) the natural river dynamics in the floodplain area, to maintain existing floodplain-specific habitats such as gravel and sandbanks as well as eroded riverbanks, and to allow for the creation of additional ones

b) the valuable tree stands (Laurel Willow floodplain), peat bogs, dry meadows or pastures, amphibian spawning waters, as well as the veteran willow stands along the Furkareuss between Realp and Hospental as habitats for protected, endangered, and rare animal and plant species, animal communities, and plant communities, and as elements of a diverse and dynamic landscape

c) the bird species typical of floodplain breeding

1. Partial Plan West: Realp to Steinbergen

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2. Partial Plan East: Steinbergen to Zumdorf

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1. The following objects of protection (areas and individual objects) listed in the cantonal protection inventory are components of these regulations

Inventory No., Name, Significance

NS.1210.01, Riparian Zone Widen / Zumdorf, national (No.108)

NS.1210.04, Dry Meadow Schmidiger Tristel, national (No.10442)

NS.1210.11, Dry Meadow Orthalden, regional

NS.1210.22, Dry Pasture Ober Leh, regional

NS.1210.23, Fen Oberboden, regional

NS.1210.24, Dry Meadow or Pasture Waldi, regional

NS.1210.25, Amphibian Spawning Area Schmidigen Boden, regional

NS.1210.26, Amphibian Spawning Area Zumdorf, regional

NS.1212.01, Riparian Zone Widen near Realp, national (No.108)

NS.1212.07, Dry Meadow Steinegg (Part of Tristel), national (No.10442)

NS.1212.38, Dry Meadow Diepelingen, regional

NS.1212.39, Fen Mitschen, regional

NS.1212.40, Dry Meadow Eigen, regional

NS.1212.41, Dry Meadow Flesch, regional

NS.1212.42, Riparian Zones between Village Realp and Lieg, regional

NS.1212.43, Dry Meadow or Pasture Mitschen, regional

NS.1212.44, Fens Hinter Schmidigen, regional

NS.1212.45, Amphibian Spawning Area Steinbergen, regional

NS.1212.46, Fen Flesch, regional

NS.1212.47, Amphibian Spawning Area Flesch, regional

NS.1212.48, Amphibian Spawning Area Unter Eigen, regional

NO.1212.01, Tree Population Diepelingen (Ancient Willow Stand), regional

1. The protected area is divided into the following protection zones

a) Core Zone Floodplain Area I

b) Core Zone Floodplain Area II

c) Core Zone Dry Meadow or Pasture

d) Core Zone Fen

e) Core Zone Amphibian Spawning Area

f) Natural Object Mature Willow Stands

g) Surrounding Area I

h) Surrounding Area II

i) Recreation Zone

j) Additional Zone

2. The location and boundaries of the protection zones are derived from the protection zone plans in the appendix, which are components of this regulation.

3. The core zones aim for the unimpaired preservation and long-term promotion of the floodplain areas, dry meadows or pastures, fens, and amphibian spawning areas with their specific animal communities, plant societies, and ecological conditions. Additionally, the core zones aim to protect the landscape.

4. The "Core Zone Amphibian Spawning Area" aims to preserve and promote habitats and breeding waters for amphibians.

5. The "Natural Object Mature Willow Stands" aims for the unimpaired and sustainable preservation of mature willow stands.

6. The "Surrounding Area I" aims to secure the core zones against unwanted impacts, connect habitats, protect the landscape, and preserve the habitat for endangered species in the transition area between agriculturally used land and the core zones.

7. The "Surrounding Area II" aims to prevent intensive agricultural cultivation, ensure adapted agricultural management, connect habitats, and protect the landscape.

8. The "Recreation Zone" serves for relaxation and visitor management.

9. The "Additional Zone" is for agricultural use.

1. Prohibited activities, measures, constructions, and facilities in the entire protected area include any that

a) endanger or impair the protection objectives

b) affect animals or plants

c) negatively alter the natural conditions

d) visibly disrupt the landscape

2. Specifically, it is prohibited to

a) make alterations to the ground; including depositing, digging, and removing material

b) impair, alter, or destroy notable structural elements such as field hedges, rock blocks, stone piles, and additional small structures

c) disturb, capture, injure, or kill endangered or protected wildlife

d) pick, dig up, or destroy endangered or protected plants

e) introduce non-native animals and plants

f) light fires; except in designated resting areas

g) store, pitch tents, or camp

h) leave any kind of waste

i) drive motorized vehicles in the area; except bicycles, for delivery services, maintenance, care, and agricultural use

3. Dogs must be kept on a short leash (leash requirement). Outside the "core zone of floodplain area I," dogs belonging to the property owner, farm dogs, cattle driving dogs, and guard dogs are exempt from the leash requirement.

4. Existing impairments that contradict the protection objectives must be reversed or reduced as far as possible whenever opportunities arise.

1. Measures for the protection of people and significant assets from natural hazards remain permissible. The protection objectives of this regulation must be taken into account to the greatest extent possible.

2. During flood events that endanger the safety of people and significant assets, emergency measures for the immediate mitigation of danger are permitted. The Department of Nature and Landscape must subsequently be notified.

3. Cleanup activities on meadow and pastureland after avalanches or debris flows (known as "beautification") are allowed, considering the protection objectives.

1. For roads and paths, unsealed natural surfaces with inconspicuous location-appropriate materials are to be used.

2. The maintenance and renewal of lawfully constructed buildings and facilities, as well as supply and disposal lines, are permissible with the utmost protection of the conservation zones. Where possible, impairments to the conservation objectives should be rectified.

3. The operation and maintenance of hiking, biking, and agricultural paths according to the plans in the annex remain permissible. The left bank footpath along the "Core Zone Floodplain Area I" shall no longer be maintained.

4. The operation and maintenance of the biathlon facility as well as the cross-country ski trail on the existing trail network according to the plans in the annex remain permissible with sufficient snow depth. Changes to the trail routes within the conservation zones are only allowed with the consent of the Department of Nature and Landscape and in consultation with the respective municipality.

5. The trail may be artificially snowed if a concept approved by the Department of Nature and Landscape is in place. Duration, period, and method of snowmaking must be aligned with the conservation objectives as best as possible in the concept. The so-called "snow farming" in conservation zones is prohibited.

6. Extensive and radiating (external) lighting should be avoided.

1. In the "Core Zone Floodplain Area I" it is additionally prohibited, in accordance with the general protection provisions under Section 2

a) to enter, drive through, and use floating devices in the area; exceptions include on marked paths, access by the property owners, or for the proper, contractually agreed maintenance of the forest edge

b) any agricultural and forestry use

2. In the months of April, May, June, and July, a general prohibition on entering the "Core Zone Floodplain Area I" is in effect to protect the riverbank runners.

3. Measures against natural hazards solely for the protection of property values are not permissible.

4. Clearance work after storms is only permissible with the consent of the Department of Nature and Landscape and in consultation with the respective municipality.

1. In the "Core Zone Floodplain Area II," in addition to the general protection provisions according to Section 2, it is prohibited

a) any agricultural and forestry use that contradicts the protection objectives

b) to use plant protection products, fertilizers, and similar products

2. Measures necessary for flood protection, in particular clearing of channels, as well as measures for avalanche protection, are permissible with the approval of the Department of Nature and Landscape.

3. Clearing work after storms is only permissible with the approval of the Department of Nature and Landscape and in consultation with the respective municipality.

4. Maintenance of vegetation to protect important infrastructure facilities (road, railway, paths) from flooding is always allowed. The Department of Nature and Landscape can request a maintenance plan to ensure vegetation management along infrastructure facilities is as compliant as possible with protection objectives. A maintenance plan must be approved by the Department of Nature and Landscape.

5. Extensive grazing in the transitional area between parcels Hospental 546 and 550 is permitted.

1. In the "Core Zone of Dry Meadow or Pasture," it is prohibited, in addition to the general protection provisions under Section 2, to

a) irrigate the area

b) use plant protection products, fertilizers, and equivalent products

1. In the "Core Zone Fen," in addition to the general protective provisions pursuant to Section 2, it is prohibited to

a) drain the area

b) graze the area, except for extensive grazing for conservation purposes and extensive overgrazing as per paragraph 2

c) use plant protection products, fertilizers, and equivalent products

d) enter the zone outside the paths and roads marked in the plan according to the annex, unless for maintenance and usage purposes in accordance with this regulation

2. Extensive overgrazing is permitted as follows

a) in May and June for a total of no more than two days

b) from August 15 to November 30

3. A permit is required for ditch maintenance. The Canton can create brochures for ditch maintenance in fens. A permit can be granted if at least one of the following criteria is met

a) the management of the fen is no longer reasonable without ditch maintenance

b) the ditch maintenance is carried out manually by hand

c) the condition of the fen should be improved compared to the current condition

d) the ditch maintenance is necessary for maintaining the long-term biotope quality

1. In the "Core Zone Amphibian Spawning Area," in addition to the general protection provisions under Section 2, it is prohibited to

a) Drain the area.

b) Use pesticides, fertilizers, and equivalent products.

c) Graze amphibian spawning waters and their surroundings within a radius of 2 meters; extensive grazing for nature conservation purposes is excluded.

2. The periodic maintenance of amphibian spawning waters is permissible with the consent of the Department of Nature and Landscape.

1. In the "Natural Object: Frost Pastures and Old-Growth Forest," damage to trees through injuries to the trunk or root area is prohibited.

2. If necessary, departing trees will be replaced on site by the Department of Nature and Landscape.

1. In the "Surrounding Zone I," in addition to the general protection provisions under Section 2, it is prohibited to

a) drain or irrigate the area

b) use plant protection products, fertilizers, and equivalent products

2. The individual plant control of the species "Broadleaf Dock" (Rumex obtusifolius) and "Alpine Dock" (Rumex alpinus) must be carried out mechanically.

1. In the "Periferal Zone II," in addition to the general protection provisions of Section 2, it is prohibited to

a) drain or irrigate the area

b) use plant protection products, fertilizers, and similar products; with the exception of manure within the scope of low-intensity use according to the Direct Payment Ordinance (SR 910.13)

2. The individual stock control of the plant species "Broad-leaved Dock" (Rumex obtusifolius) and "Alpine Dock" (Rumex alpinus) is permitted. The approved active substances for herbicide use in biodiversity promotion areas by the Federal Office for Agriculture (FOAG) are applicable.

1. The construction of recreational facilities is permissible with the approval of the Department of Nature and Landscape.

1. In the "additional zone," there are no restrictions on fertilization or specific management requirements. The general provisions of the Direct Payments Ordinance (SR 910.13) apply.

1. The protected zones shall be managed and maintained professionally and appropriately according to their location. All maintenance and care work must align with the conservation objectives. The necessary measures for this purpose are exempt from the prohibitions of this regulation. The Department of Nature and Landscape, in consultation with the landowners, can determine the necessary measures in a management plan.

2. If affected landowners or managers do not personally ensure the maintenance and care work of the protected zones, they are obligated to tolerate maintenance and care by the canton or its appointed agents without compensation.

1. **Property Owners or Managers' Right to Compensation**

Property owners or managers are entitled to appropriate compensation based on Article 18c, paragraph 2 of the Federal Act on the Protection of Nature and Cultural Heritage (NHG), if they must restrict their current use or perform a service without corresponding economic benefit in the interest of conservation objectives.

2. **Contracts for Maintenance and Management of Protected Areas**

The Department of Nature and Landscape may, within the scope of available credits, enter into contracts with the managers or property owners for the maintenance and management of protected areas.

1. Forestry interventions in the woodland area shall be carried out following prior consultation with the relevant forestry authorities.

2. Amphibian breeding waters are to be maintained according to the guidelines of the Department of Nature and Landscape.

3. Any potentially invasive neophytes must be controlled.

4. The control of green alder (Alnus viridis) to keep agricultural land open is permitted.

1. The Department of Nature and Landscape marks the boundaries of the protected zones, the management units, and the paths accessible to the public on the terrain in consultation with the landowners, insofar as this is necessary for protection.

2. Ordered fencing work to achieve the protection objectives in the core zones is funded by the canton.

1. The Department of Nature and Landscape enforces this regulation, unless otherwise stipulated. It monitors the protection objectives, supervises the protection zones, and periodically assesses the ecological value of the protected area through success controls.

2. The supervisory authorities according to the legislation on nature and heritage conservation, hunting, fishing, water protection, and forestry monitor compliance with the provisions of this regulation.

3. The Department of Nature and Landscape may, under conditions and stipulations and in consultation with the landowners, grant exceptions to individual protection regulations if special circumstances exist and this does not contradict the protection objectives or if overriding public interests require it.

4. The Directorate of Justice issues a concept for visitor management.

1. The punishment for violations of this regulation and the restoration of the lawful condition are governed by the NHG and the relevant cantonal provisions.

1. This regulation shall enter into force on October 1, 2024.