Regulations on the protection of fens on the Oberalp Pass in the municipality of Andermatt - Protection Objectives

1. This regulation aims at the long-term, unimpaired, and comprehensive preservation and promotion of the fens on the Oberalp Pass as a habitat for protected, endangered, and rare animal and plant species, animal communities, and plant societies, as well as an element of a diverse landscape.

2. The maintenance and management are to be aligned with the respective nature and landscape conservation goals to be pursued.

1. Protection Zone Plan


1. The following protection object (area) listed in the cantonal protection inventory, consisting of the fens in the areas "Oberalppass" and "Hinter Satz," is part of these regulations

Inventory No.: NS.1202.02

Name: Fen Oberalppass

Significance: National (No. 1643)

1. Protection Zone Plan with the Scope of the Transitional Provisions


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

a) Core Zone Fenland I

b) Core Zone Fenland II

c) Surrounding Zone

2. The location and boundaries of the protection zones are determined by the protection zone plan in Appendix 1, which forms part of these regulations.

3. The "Core Zone Fenland I" and "Core Zone Fenland II" aim to preserve and promote the fens, along with their site-specific animal communities and plant societies, as well as their ecological conditions, without compromise.

4. The "Surrounding Zone" aims to secure the core zones from undesirable impacts, protect the landscape, and maintain the habitat for endangered species in the transition area between agriculturally utilized alpine areas and the core zones.

1. Prohibited within the entire protected area are all activities, measures, constructions, and facilities that

a) endanger the protection objectives

b) impair the protected object

c) affect animals or plants

d) adversely alter the natural conditions

e) appear disruptive in the landscape

2. It is particularly prohibited

a) to erect any kind of constructions and facilities, unless they serve the protection objectives

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

c) to drain or irrigate the area

d) to alter the water quality or chemistry, or to discharge sewage

e) to use plant protection products, fertilizers, or products equivalent to them

f) to disturb, capture, injure, or kill wild animals; the exceptions are approved hunting and fishing

g) to pick, uproot, or destroy endangered or protected plants

h) to introduce non-native animals or plants

i) to ignite fires

j) to store, to set up tents, or to camp

k) to leave litter of any kind

l) to enter or drive in the area outside of official paths; except with snow sports devices, with motor vehicles for grooming approved ski slopes as well as for maintenance and care

3. Dogs must be kept on a short leash (leash obligation). Exempt from the leash obligation are farm dogs, cattle driving dogs, and herd protection dogs.

4. Existing impairments are to be reversed or reduced as much as possible whenever the opportunity arises.

5. The implementation of the measures approved in various plan approval decisions for the project "Ski Infrastructure Urserntal - Oberalp" remains permissible, subject to the imposed conditions.

6. The maintenance of existing pipelines remains permissible.

7. It is permitted to use the cattle-drive path on the old Oberalp Pass road as access for cattle to the grazing areas.

1. In the "Core Zone Fen I," in addition to the general protection provisions under Article 4, grazing is prohibited in the area.

2. Short-term access for cattle via the cattle drive path to the pastures in the "Seeplangge" area south of the Oberalpsee is permitted under personal supervision.

**1. In the "Core Zone Fen II", in addition to the general protection provisions under Article 4, grazing is restricted. Only extensive grazing is permitted, provided that it does not cause trampling damage to the fen areas.**

1. The protected area shall be managed and maintained in a professional manner appropriate to the location. All maintenance and care work must align with the protection objectives. The necessary measures for this purpose are exempt from the prohibitions of this regulation. The Department of Nature and Landscape may, after consulting the affected landowners, determine the necessary measures in a maintenance plan.

2. Within the available budget, the Department of Nature and Landscape may enter into contracts with the managers or landowners for the management and maintenance of the protection zones to ensure the appropriate care of the protected area.

3. Landowners or managers are entitled to reasonable compensation under Article 18c, Paragraph 2 of the Nature and Heritage Act (NHG) if, in the interest of the protection objectives, they must limit their previous use or provide a service without corresponding economic return.

4. If the affected landowners or managers do not themselves ensure the maintenance and care of the protection zones, they are obliged to tolerate maintenance and care by the canton or its agents without compensation.

5. The Department of Nature and Landscape, together with the affected landowners and managers, monitors the protected area every two years. In particular, the "Core Zone Flat Moor II" should be checked for treading damage, and any necessary hay cutting should be determined. If unauthorized changes are detected, the Department of Nature and Landscape may, after consulting the affected landowners and managers, establish measures to mitigate the damage.

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

2. The Department of Nature and Landscape installs information boards about the protected area at suitable locations in consultation with the property owners.

3. Ordered fencing works to achieve the protection objectives in the core zones are financed by the canton.

1. The Department of Nature and Landscape enforces these regulations. It oversees the conservation objectives, supervises the protection zones, and periodically evaluates the ecological value of the protected area through success monitoring.

2. The Department of Justice, in collaboration with the affected landowners, the municipality of Andermatt, and "Andermatt-Urserntal Tourism Ltd.", develops and implements a visitor management concept.

3. The supervisory authorities, in accordance with the legislation on nature and heritage conservation, hunting, fishing, and water protection, monitor compliance with the provisions of these regulations.

4. The Department of Nature and Landscape may, after consulting the Ursern Corporation, grant exceptions to individual protection provisions under conditions and requirements if special circumstances exist, and this does not conflict with the conservation objectives or if overriding public interests require it.

**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.

1. The "Enhancement Area" and "Gravel Area East" as defined in Annex 2 outline the scope of the planned enhancement measures within the "Core Zone Fen I".

2. In the "Enhancement Area" and "Gravel Area East," through the partial dismantling of the existing old Oberalppass road and the occasional removal of soil, the fens on the slope and in the plain are to be reconnected. For this purpose, comprehensive ecological enhancement measures are permissible in this area.

3. The "Gravel Area East" is to be dismantled and ecologically enhanced as soon as a permanent use similar to the previous usage of "Gravel Area East" (e.g., camping operation or temporary parking spaces) or any other permanent use is approved on Parcel No. 1007 in Andermatt.

4. In the "Enhancement Area," the special protection provisions of the "Core Zone Fen I" are applicable only after the enhancement measures according to paragraph 2 are completed.

5. In the area of "Gravel Area East," all protection provisions of this regulation are applicable only after the enhancement measures according to paragraph 2 are completed.