Regulations on the protection of the Unteralptal landscape in the municipality of Andermatt - Protection Objectives

1. This regulation aims to ensure the long-term, unimpaired, and comprehensive preservation and promotion of the natural and cultural landscape of the Unteralp Valley. The valuable fens, dry meadows and pastures, floodplain areas, amphibian spawning waters, and structurally diverse and mosaic-like areas are to be preserved and promoted as species-rich habitats for protected, endangered, and rare animal and plant species, animal communities, and plant societies. Furthermore, location-adapted agriculture and alpine farming should be supported.

2. Maintenance and management shall align with the respective nature and landscape conservation objectives to be pursued.

1. Overview Plan


1. The following protected objects (areas and individual objects) listed in the cantonal protection inventory are components of this regulation

Inventory No. | Name | Significance

--- | --- | ---

LS.1202.02 | Landscape Unteralp | regional

NS.1202.01 | Alluvial Zone Unteralp | national (No. 356)

NS.1202.03 | Fen Sunnsbiel | national (No. 2562)

NS.1202.04 | Fen Zu den Staflen | national (No. 2561)

NS.1202.12 | Fen Lehn (Unteralp) | regional

NS.1202.13 | Fen Portgeren | regional

NS.1202.14 | Fen Spannmatt/Tross (Unteralp) | regional

NS.1202.31 | Fen Fruttli | regional

NS.1202.32 | Fen Steinbrunnen | regional

NS.1202.33 | Fen Riedboden | regional

NS.1202.35 | Fen Wildenmattensee | regional

NS.1202.37 | Fen Schöni Unter Laub | regional

NS.1202.45 | Fen Sunnsbüel | regional

NS.1202.46 | Alluvial Zone Vermigel | regional

NS.1202.47 | Dry Meadow Rohrbrunnen / Hüendersedel | regional

NS.1202.48 | Fen Rohr | regional

NO.1202.15 | Watercourse Bortwasser with Tributary Streams | regional

NO.1202.17 | Unteralpreuss including Riparian Vegetation | regional

NO.1202.19 | Oberalpreuss including Riparian Vegetation | regional

NO.1202.23 | Amphibian Spawning Water Lehn (Unteralp) | regional

NO.1202.24 | Amphibian Spawning Water Fruttli | regional

1. Overview Plan of Protection Zones


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

a) Alpine Quiet Zone

b) Subalpine Landscape Protection Zone

c) Core Zone Fen

d) Core Zone Floodplain Area

e) Core Zone Dry Meadow or Pasture

f) Natural Object Amphibian Spawning Waters

g) Surrounding Zone

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

3. The "Alpine Quiet Zone" aims to preserve the naturalness and tranquility of alpine landscapes. It offers animals, plants, and those seeking recreation a high degree of naturalness, characterized by minimal noise pollution, few buildings and installations, as well as extensive or no land use.

4. The "Subalpine Landscape Protection Zone" aims to preserve the subalpine cultural landscape and largely natural landscape elements. In particular, it aims to preserve and promote a natural floodplain landscape in the valley floor, fens, dry meadows or pastures, a location-adapted diverse agriculture and alpine farming, as well as the preservation of extensive recreational use.

5. The "Core Zone Fen" aims for the uncurtailed preservation of fens with their site-specific animal communities and plant societies.

6. The "Core Zone Floodplain Area" aims for the uncurtailed preservation and restoration of floodplain dynamics and floodplain areas with their site-specific animal communities and plant societies.

7. The "Core Zone Dry Meadow or Pasture" aims for the uncurtailed preservation of dry meadows or pastures with their site-specific animal communities and plant societies.

8. The "Natural Object Amphibian Spawning Waters" aims to preserve and promote habitats and spawning areas for amphibians.

9. The "Surrounding Zone" aims to protect the core zones from undesirable impacts and to preserve the habitat for endangered species in the transition area between the core zones and agriculturally used alpine areas.

1. Subplan I, Core Zones North


**1. In the entire protected area, all activities, measures, constructions, and installations are prohibited that:**

a) endanger or impair the objects of protection

b) affect animals or plants

c) adversely alter the natural conditions

d) appear disruptive to the landscape

**2. In particular, it is prohibited to:**

a) alter the terrain; specifically to deposit, excavate, or remove material

b) erect temporary constructions and installations; except for site-adapted alpine agricultural use

c) drive vehicles or bicycles in the area outside the official paths; except for maintenance, care, and agricultural management

**3. Existing impairments are to be reversed or minimized as far as possible at every available opportunity.**

**4. Permissible remain, in particular:**

a) the authorized hunting and fishing with the associated care and management

b) the authorized radiation

c) ski touring as well as snowshoe walking

d) the site-adapted alpine agricultural use

e) the maintenance and use of existing spring catchments

f) the existing water use for electricity generation by SBB and the Ursern electric utility and the associated renovation and maintenance work on constructions and installations

g) the implementation of the measures approved in the various plan approval decisions for the "Ski Infrastructure Urserntal - Oberalp" project in compliance with the imposed conditions

**5. In the wildlife rest zone "Egerten-Rossboden," the additional provisions issued by the governmental council regarding wildlife rest zones apply.**

1. Subplan II, Core Zones Center


1. In all core zones, in addition to the general protection provisions under Article 4, the following activities are prohibited

a) Draining fens, floodplain areas or amphibian spawning waters, as well as irrigating dry meadows or pastures; except for the enhancement of the respective core zone

b) Grazing in the core zones in such a way that it affects the fens, floodplain areas, or dry meadows or pastures

c) Disturbing, capturing, injuring, or killing wild animals; except for authorized hunting and fishing

d) Picking, digging up, or destroying endangered or protected plants

e) Introducing non-native animals or plants

f) Using plant protection products, fertilizers, or equivalent substances

g) Driving in the core zones outside of official paths; except when there is sufficient snow cover and for maintenance purposes

h) Entering fens away from existing paths; except when there is sufficient snow cover and for maintenance purposes

i) Storing goods, pitching tents or camping

2. Dogs must be kept on a short leash (leash requirement). Exceptions to the leash requirement are farm dogs, cattle driving dogs, and livestock guardian dogs.

1. Subplan III, Core Zones South

1. In the "Natural Object Amphibian Breeding Waters," in addition to the general protection provisions pursuant to Article 4, grazing of amphibian breeding waters and their surroundings within a radius of 2 meters is prohibited.

2. The creation of new amphibian breeding waters and their proper maintenance in the region of the fens "Lehn" and "Fruttli" is permissible with the consent of the Department of Nature and Landscape.

1. In the "Buffer Zone," in addition to the general protection provisions under Article 4, it is prohibited to

a) alter the terrain, particularly to deposit, excavate, or remove material; except for the enhancement of the respective core zone

b) drain or irrigate the area; except for the enhancement of the respective core zone

c) use pesticides, fertilizers, or equivalent products

1. The construction of new buildings and facilities remains possible under the Federal Act on Spatial Planning (SR [700](https://db.clex.ch/link/Bund/700/de)), provided that they do not contradict the protection objectives.

2. The use, maintenance, and modification of existing buildings and facilities are possible under the Federal Act on Spatial Planning (SR [700](https://db.clex.ch/link/Bund/700/de)), insofar as they do not contradict the protection objectives.

3. Protective measures in the event of an incident for the benefit of the Unteralp Road are permissible, subject to the protection objectives.

4. Small quantities of gravel for the annual maintenance of the Unteralp Road may be temporarily stored along the road's course (outside the protection zones according to Art. 3 para. 1 letters c to g). These quantities must not exceed the amount necessary for annual maintenance.

5. A gravel depot is permitted at the "Tross Stall" location.

6. The conduct of public events requires a permit from the Directorate of Justice. This is subject to the approval of the Ursern Corporation or potential consent from the landowners according to civil law.

1. The protected area shall be managed and maintained appropriately and in accordance with the site conditions. All maintenance and care activities must align with the protection objectives. The measures required for this purpose are exempt from the prohibitions of this regulation. The Department of Nature and Landscape may determine the necessary measures in a maintenance concept after consulting the affected landowners.

2. If the affected landowners or managers do not personally ensure the maintenance and care of the protection zones, they are obligated to tolerate the maintenance and care conducted by the canton or its representatives, without any compensation.

1. Landowners or operators are entitled, pursuant to Article 18c paragraph 2 NHG, to appropriate compensation if they are required to restrict previous usage or perform a service without corresponding economic return in the interest of protection objectives.

2. The Department of Nature and Landscape may, within the scope of available funds, enter into agreements with operators or landowners regarding the management and maintenance of protected zones to ensure the proper upkeep of the protected area.

3. The Department of Nature and Landscape inspects the core zones every two years in conjunction with the affected landowners and operators. If unauthorized changes are identified, the Department of Nature and Landscape may, following consultation with the affected landowners and operators, establish measures to mitigate the damage.

4. The guidelines for maintaining amphibian spawning waters are set by the Department of Nature and Landscape after consultation with the Ursern Corporation.

1. The Department of Nature and Landscape, in consultation with the landowners, marks the boundaries of the protection zones, management units, and official paths in the field as far as is necessary for protection.

2. Ordered fence work to achieve protection goals in the core zones is financed by the canton. The fences must be removed during the winter and properly stored.

1. The Department of Nature and Landscape enforces this regulation. It oversees the protection goals, supervises the conservation zones, and periodically reviews the scenic and ecological value of the protected area through efficacy assessments.

2. The Department of Nature and Landscape may, after consulting with the Corporation of Ursern, grant exceptions to specific protection provisions under conditions and requirements if there are special circumstances and if this does not contradict the protection goals or if overriding public interests necessitate it.

1. The Temporal Validity of the "Alpine Quiet Zone" as a Landscape Conservation Zone According to Article 3 Paragraph 1 Letter a Corresponds to

a) the duration of the framework concession as well as the detailed concessions granted by the Ursern Corporation to Andermatt Sedrun Sport AG for the construction and operation of the cable car facilities Hinter Bördli - Strahlgand, Vordere Felli - Schneehüenerstock, Oberalp - Platte - Schneehüenerstock, and

b) the duration of the concessions granted by the Federal Office of Transport for the facilities mentioned in letter a.

2. Paragraph 1 also applies in the event that the mentioned concessions of the Ursern Corporation and the responsible federal authorities are extended or transferred to a legal successor.

3. The "Alpine Quiet Zone" can be annulled if

a) no concessions in the sense of Paragraphs 1 and 2 exist anymore, and

b) all facilities mentioned in Paragraph 1 Letter a constructed on corporation land have been dismantled and the claimed area has been restored, and

c) all above-ground parts of ancillary facilities (such as slopes, snow-making facilities, pumping works, remote detonation facilities, buildings, and other installations, etc.) that were approved in the planning approval process by the competent authorities of the federal, cantonal, or municipal levels have been dismantled, and the claimed area has been restored. The dismantling of underground facility parts (e.g., pipelines) is only included to the extent that it is ordered by the competent authorities based on the submitted dismantling application.

4. The "Subalpine Landscape Conservation Zone" according to Article 3 Paragraph 1 Letter b, the core zones, and the surrounding zones according to Article 3 Paragraph 1 Letters c, d, e, f, and g apply indefinitely.

**1. The Penal Provisions and the Restoration of the Lawful State**

The penal provisions and the restoration of the lawful state shall be governed by the NHG and the relevant cantonal regulations.