Forest Ordinance (ForO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Deforestation
Art. 4 Definition
(Art. 4 and 12 ForA) The following are not defined as deforestation: a. the use of forest land for forestry buildings and installations and for small structures and installations not used for forestry purposes; b. the allocation of forest to a protection zone in accordance with Article 17 of the Spatial Planning Act of 22 June 1979 (SPA), if the protection objective is compatible with forest conservation.
let. b — SR 700
Art. 5 Deforestation application, publication and consultation
1 In the case of works for which the Confederation is the competent authority, the deforestation application must be submitted to the lead federal authority, and in the case of works for which the canton is the competent authority, the deforestation application must be submitted to the competent authority under cantonal law. 2 The authority shall publish the application and provide access to the files for consultation. 3 The Federal Office for the Environment (the FOEN) shall issue guidelines on the contents of a deforestation application.
Art. 5 — Amended by No II 17 of the O of 2 Feb. 2000 (Coordination and Simplification of Decision-Making Procedures), in force since 1 March 2000 (AS 2000 703). Para. 3 — The designation of the administrative entity was amended according to Art. 16 para. 3 of the Publication Ordinance of 17 Nov. 2004 (AS 2004 4937). Para. 3 — Name in accordance with No I 5 of the O of 28 Jan. 2015 on the Amendment of Ordinance Law on the Environment, in particular with regard to the programme agreements for the
Art. 6 Cooperation between the federal authority and the cantons
1 If the Confederation is responsible for the deforestation permit, the cooperation between the FOEN and the cantons is subject to Article 49 paragraph 2 ForA. The cantons shall support the federal authorities in the clarification of the facts. 2 Included in the calculation of the deforestation area, based on which the obligation to hear the FOEN (Art. 6 para. 2 ForA) is determined, are all deforestation areas that: a. are included in the deforestation application; b. were deforested for the same works in the 15 years previous to the submission of the deforestation application, or for which deforestation is still allowed.
Art. 6 — Amended by No II 17 of the O of 2 Feb. 2000 (Coordination and Simplification of Decision-Making Procedures), in force since 1 March 2000 (AS 2000 703).
Art. 7 Deforestation decision
1 The deforestation decision covers the following: a. the areas in which deforestation is authorised or refused and the affected plots with specification of the coordinates; b. the nature and scope of the compensatory measures and the affected plots with specification of the coordinates; c. the deadlines for the use of the deforestation permit and for the fulfilment of the obligations associated with the deforestation, in particular those involving compensatory measures; d. the unresolved objections; e. any further conditions and requirements. 2 The FOEN shall keep statistics on the deforestation projects authorised by the Confederation and the cantons. The cantons shall make the necessary information available to the FOEN.
Para. 2 — Inserted by No II 17 of the O of 2 Feb. 2000 (Coordination and Simplification of Decision-Making Procedures), in force since 1 March 2000 (AS 2000 703).
Art. 8 Compensation in kind
(Art. 7 para. 1 ForA) 1 Compensation in kind is made by creating an area of forest of the same size in a location offering qualitatively similar conditions to the deforested area. 2 Compensation in kind includes the acquisition of the land, the planting and all of the measures necessary for the long-term safeguarding of the compensatory area. 3 Areas in which forest is expanding and voluntarily afforested areas which have not yet become forest may be recognised as compensation in kind.
Art. 8 — Amended by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
Art. 8a Areas with increasing forest area
(Art. 7 para. 2 let. a ForA) The cantons shall designate areas with increasing forest area after consulting the FOEN. Their boundaries shall be based on federal and cantonal surveys, in principle following topographical features and taking account of existing settlements and uses.
Art. 8a — Inserted by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
Art. 9 Conservation of arable land and areas of ecological or landscape value
(Art. 7 para. 2 let. b ForA) 1 Compensation in kind may be dispensed with in particular in the case of crop rotation areas. 2 Areas of particular ecological value are, in particular: a. biotopes in accordance with Article 18 paragraph 1bis of the Federal Act of 1 July 1966 on the Protection of Nature and Cultural Heritage; b. areas designated as nature protection areas in accordance with Article 17 SPA. 3 Areas of particular landscape value are, in particular: a. objects of national importance in accordance with the Ordinance of 10 August 1977 on the Federal Inventory of Landscapes and Natural Monuments of National Importance; b. mire landscapes of outstanding beauty and national importance in accordance with Article 24sexies paragraph 5 of the Federal Constitution of the Swiss Confederation; c. areas designated as landscape protection zones in accordance with Article 17 SPA.
Art. 9 — Amended by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983). Para. 1 — Amended by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983). Para. 2 let. a — SR 451 Para. 2 let. b — SR 700 Para. 3 let. a — [AS 1977 1962, 1983 1942, 1996 3264, 1998 788, 2010 1593 Annex No 2. AS 2017 2815 Art. 11]. See now: the O of 29 Mrch 2017 (SR 451.11). Para. 3 let. b — [BS 1 3; AS 1988 352]. The specified provision now corresponds to Art. 78 para. 5 of the Fede
Art. 9a Dispensing with compensation for deforestation
(Art. 7 para. 3 let. b ForA) Compensation for deforestation may be dispensed with in the case of projects to guarantee flood protection and the rehabilitation of waters in particular in the case of areas that can no longer be stocked as forest.
Art. 9a — Inserted by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
Art. 10
Repealed by No I of the O of 14 June 2013, with effect from 1 July 2013 (AS 2013 1983).
Art. 11 Record in the land register and notification
1 At the request of the competent cantonal forest authority, a record must be made in the land register of the obligation to provide: a. compensation in kind or measures for the benefit of nature and landscape conservation; b. retrospective compensation for deforestation in the event of a change of use in accordance with Article 7 paragraph 4 ForA. 2 The cantons shall monitor all compensatory measures and notify the FOEN of the final approval of the works.
Para. 1 — Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215). Para. 1 let. b — Amended by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
Section 2 Declaration as Forest
Amended by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
Art. 12 Ruling on declaration as forest
(Art. 10 para. 1 ForA) 1 The ruling on declaration as forest records whether a stocked or unstocked area is a forest or not and specifies its coordinates. 2 It specifies on a map the location and size of the forest and the location of the affected plots.
Art. 12 — Inserted by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
Art. 12a Specification of static forest boundaries outside development zones
(Art. 10 para. 2 let. b ForA) Areas where the canton wants to prevent an increase in forest must be specified in the cantonal structure plan.
Art. 12a — Inserted by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
Section 3 Motorised Vehicular Traffic
(Art. 15 para. 1 ForA)
Art. 13
1 Forest roads may be accessed by motorised vehicular traffic for the following purposes: a. for rescue and recovery purposes; b. for police controls; c. for military exercises; d. for the implementation of measures for the protection against natural events; e. for the maintenance of the network lines of the providers of telecommunications services. 2 The rest of the forest may only be accessed by motorised vehicular traffic if such access is unavoidable for the fulfilment of a purpose in accordance with paragraph 1. 3 Events involving vehicular motorised traffic are prohibited on forest roads and in the rest of the forest.
Para. 1 let. e — Amended by No II 61 of the O of 1 Dec. 1997, in force since 1 Jan. 1998 (AS 1997 2779).
Section 4 Buildings and Installations in the Fores
Amended by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
Art. 13a Forest structures and installations
(Art. 2 para. 2 let. b and 11 para. 1 ForA) 1 Forest structures and installations, such as forest maintenance depots, log stores, covered wood fuel stores and forest roads may be constructed or altered with official permission in accordance with Article 22 SPA. 2 A requirement for permission is that: a. the structures and installations facilitate regional forest management; b. a need is proven for the structures and installations, their location is suitable and their size is adapted to regional conditions; and c. there is no overriding public interest in refusing permission. 3 Other requirements under federal or cantonal law also apply.
Art. 13a — Inserted by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983). Para. 1 — SR 700 Para. 1 — Amended by No I of the O of 12 May 2021, in force since 1 July 2021 (AS 2021 294).
Art. 14 Consultation of the cantonal forest authority
(Art. 11 para. 1 and 16 ForA) 1 The granting of permission for the construction of forestry buildings or installations in the forest in accordance with Article 22 SPA is subject to a hearing of the competent cantonal forestry authority. 2 Exceptional permission for the construction of small structures and installations in the forest that are not used for forestry purposes in accordance with Article 24 SPA may only be granted in agreement with the competent cantonal forestry authority.
Art. 14 — Inserted by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983). Para. 1 — SR 700