Forest Ordinance (ForO)
Amended by No I 21 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823).
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 General Provisions
(Art. 35 ForA)
Amended by No 1 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 Programme Period 2016–2019, in force since 1 Jan. 2016 (AS 2015 427).
Art. 38 General precondition for awarding federal assistance
(Art. 35 para. 2 ForA) Financial assistance and compensatory payments are only provided by the Confederation if: a. the measures comply with the forestry planning; b. the measures are necessary and appropriate; c. the measures satisfy the applicable technical, economic and ecological requirements; d. the other requirements of federal law are fulfilled; e. coordination with the public interests of other sectors is ensured; f. further maintenance is guaranteed.
Art. 38a Allowable costs
1 In order to receive compensatory payments, costs are allowable only if they are actually incurred and are directly required for the proper fulfilment of the task for which a contribution is due. 2 The costs of the following are allowable for compensatory payments pursuant to Articles 39 paragraphs 1 and 2 and 40 paragraph 1 letter c: a. compiling the basic data and planning measures; b. implementing measures; c. acquiring land, easements and formal and de facto expropriation; d. marking. 3 The following in particular are not allowable with regard to compensatory payments pursuant to Article 39 paragraphs 1 and 2: a. any fees incurred; b. costs that can be passed on to the person responsible for the cost being incurred; c. the cost of creating significant added value that is generated independently of the protection against natural events provided by the measures; d. the cost of measures that improve the protection of national roads against natural events and are already covered by th
Art. 38a — Inserted by No 1 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 Programme Period 2016–2019 (AS 2015 427). Amended by Annex No 4 of the Hydraulic Engineering Ordinance of 25 June 2025, in force since 1 Aug. 2025 (AS 2025 450).
Section 2 Measures
Art. 39 Protection against natural events
1 Compensatory payments for compiling basic data and for the measures, with the exception of payments under paragraph 2, are allocated on a global basis. The level of the global compensatory payments shall be specified by the FOEN and the canton concerned in programme agreements and is based on: a. the risk of natural events; b. the extent, impact and quality of the measures. 2 Compensatory payments may be awarded on a case-by-case basis if the measures: a. have a supracantonal dimension; b. concern protected areas or objects listed in national inventories; c. require particularly complex or expert assessment due to the possible alternatives or for other reasons; or d. were an unforeseeable necessity. 3 The contribution to the allowable costs of compiling basic data amounts to 50 per cent. 4 The contribution to the allowable costs of measures amounts to between 35 and 45 per cent and is dependent on: a. the work involved in compiling the basic data; b. the extent, impact and quality of
Art. 39 — Amended by Annex No 4 of the Hydraulic Engineering Ordinance of 25 June 2025, in force since 1 Aug. 2025 (AS 2025 450).
Art. 40 Protective forest
(Art. 37 ForA) 1 The level of the global compensatory payments awarded for measures required to enable the protective forest to fulfil its protective function is based on: a. hazard and damage potential; b. the number of hectares of the protective forest to be maintained; c. the scope and the planning of the infrastructure required for the maintenance of the protective forest; d. the quality of the services provided. 2 The amount is negotiated between the FOEN and the canton concerned. 3 The contribution awarded by ruling to the costs of projects resulting from exceptional natural events shall not exceed 40 per cent of the costs and shall be in accordance with paragraph 1 letters a, c and d.
Para. 3 — Inserted by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).
Art. 40a Measures against forest damage outside the protective forest
(Art. 37a ForA) 1 The level of the global compensatory payments for measures to prevent and mitigate forest damage outside the protective forest is determined by: a. the degree of threat to forest functions; b. the number of hectares over which measures are taken; c. the quality of the services. 2 The FOEN and the cantons concerned shall negotiate the amount. 3 Compensatory payments may be made in individual cases in which the measures were unforeseeable and particularly costly. The amount shall not exceed 40 per cent of the costs and is determined in accordance with paragraph 1 letters a and c.
Art. 40a — Inserted by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215). See also the transitional provisions to these amendments at the end of this text.
Art. 40b Compensation of costs
(Art. 37b ForA) 1 Compensation may be paid in cases of hardship if individuals are particularly badly affected and cannot be expected to meet the cost of the damage themselves. 2 Applications for compensation are to be submitted, with reasons given, once the damage has been ascertained but no later than one year after the measures have been put in place by the competent cantonal authorities. 3 No compensation is paid for loss of yield or immaterial damage. 4 The Confederation shall reimburse the cantons between 35 and 50 per cent of the cost of compensation in accordance with the provision on global compensatory payments in Article 40a.
Art. 40b — Inserted by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).
Art. 41 Biological diversity of the forest
(Art. 38 para. 1 ForA) 1 The level of global financial assistance for measures that contribute to the maintenance and improvement of the biological diversity of the forest is based on: the number of hectares of forest reserves that are to be designated and maintained; [tab] b. ... c. the number of hectares of habitats to be maintained, in particular the forest margins, which provide habitat connectivity; d. the extent and quality of the measures for the promotion of animal and plant species, the conservation of which is a matter of priority for biological diversity; e. the number of hectares outside forest reserves to be designated as areas with a high proportion of old wood and deadwood or with sufficient trees demonstrating characteristics that are of particular value to biological diversity (biotope tree); f. the number of hectares of the forms of forest cultivation to be maintained, such as wooded pastures, coppices with standards and coppice forests and chestnut or walnut groves;
Art. 41 — Amended by No 1 5 of the O of 17 Aug. 2016, with effect from 1 Jan. 2017 (AS 2016 3215). Para. 1 let. tab — Repealed by No 1 5 of the O of 17 Aug. 2016, with effect from 1 Jan. 2017 (AS 2016 3215). Para. 1 let. e — Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215). Para. 4 — Repealed by No 1 5 of the O of 17 Aug. 2016, with effect from 1 Jan. 2017 (AS 2016 3215).
Art. 42
Repealed by No 1 5 of the O of 17 Aug. 2016, with effect from 1 Jan. 2017 (AS 2016 3215).
Art. 43 Forest management
(Art. 38a ForA) 1 The level of global financial assistance for measures to improve the cost-effectiveness of forest management is determined as follows: a. for cantonal planning bases: by the size of the forest area in the canton and the size of forest area included in the plan or an impact assessment; b. for the improvement of management conditions in forestry operations: by the scale and quality of the optimisation measures planned and implemented by the canton; c. for the storage of wood in cases of exceptional wood supply: by the volume of wood that the market is temporarily unable to absorb; d. by the quality of the services provided; e. for promoting the training of forest workers: by the number of days attended on courses run by federally certified course providers; f. for the practical training of forestry specialists at university level: by the number of training days attended; g. for young forest maintenance: by the number of hectares of young forest requiring maintenance; h.
Art. 43 — Amended by No 1 5 of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215). Para. 1 let. a — 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 1 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 Programme Period 2016–2019, in force since 1 Jan. 2016 (AS 2015 427). Para. 1 let. e — Inserted by No 1 5 of the O of 17 Aug.
Art. 44 Promotion of education and training
(Art. 39 ForA) 1 ... 2 The Confederation shall award financial assistance in compensation for the occupation-specific costs arising from the on-site practical training of forestry personnel in the form of a flat-rate payment of 10 per cent of the training costs of the schools for forest wardens and of the courses. 3 The Confederation shall award financial assistance for the creation of teaching material for forestry personnel, on a case-by-case basis and amounting to a maximum of 50 per cent of the recognised costs. 4 ...
Para. 1 — Repealed by No 1 5 of the O of 17 Aug. 2016, with effect from 1 Jan. 2017 (AS 2016 3215). Para. 4 — Repealed by No 1 5 of the O of 17 Aug. 2016, with effect from 1 Jan. 2017 (AS 2016 3215).
Art. 45 Research and development
(Art. 31 ForA) 1 The Confederation may award financial assistance to research and development projects that it has not commissioned itself, on a case-by-case basis and amounting to a maximum of 50 per cent of the project costs. 2 It may award financial assistance to organisations for the promotion and coordination of research and development, on a case-by-case basis and equal to at most the funding provided by third parties, provided it receives an adequate right of co-decision in these organisations.
Section 3 Procedure for Granting Global Compensato
Art. 46 Application
1 The canton shall submit the application for global compensatory payments or financial assistance to the FOEN. 2 The application shall contain details of: a. the programme objectives to be achieved; b. the measures probably required to achieve the objectives and their implementation; c. the effectiveness of the measures. 3 In the case of measures that affect more than one canton, the cantons shall ensure the coordination of the applications with the other cantons concerned.
Art. 47 Programme agreement
1 The FOEN shall enter into a programme agreement with the competent cantonal authority. 2 The subject matter of the programme agreement is in particular: a. the strategic programme objectives to be jointly achieved; b. the services to be provided by the canton; c. the contribution to be paid by the Confederation; d. controlling. 3 The programme agreement shall have a maximum term of four years. 4 The FOEN shall issue guidelines on the procedure for programme agreements and on the information and documents required in connection with the subject matter of the programme agreement.
Art. 48 Payment
Global compensatory payments or financial assistance are paid in instalments.
Art. 49 Reporting and controlling
1 The canton shall provide the FOEN with a report each year on the use of the global subsidies. 2 The FOEN shall control by random sample: a. the implementation of individual measures in accordance with the programme objectives; b. the use of the subsidies paid.
Art. 50 Substandard fulfilment and non-intended use
1 The FOEN shall withhold the instalment payments during the programme in full or in part if the canton: a. fails to comply with its reporting obligation (Art. 49 para. 1); b. culpably causes serious disruption to its own services. 2 If it becomes apparent after the programme that the services provided are substandard, the FOEN shall require the canton to rectify the defects; it shall allow the canton an appropriate period within which to do this. 3 If installations or equipment for which financial assistance or compensatory payments have been provided are used for a purpose other than that intended, the FOEN may require the canton to arrange for the non-intended use to be stopped or reversed within a reasonable period. 4 If the defects are not rectified or the non-intended use is not stopped or reversed, the recovery of the payments made is governed by Articles 28 and 29 of the Subsidies Act of 5 October 1990.
Para. 4 — SR 616.1
Section 4 Procedure for Providing Compensatory Pay
Art. 51 Applications
1 Applications for compensatory payments or financial assistance in specific cases without the involvement of a canton must be submitted to the FOEN; all other applications must be submitted to the canton. 2 The canton shall examine the applications that it receives and pass them on to the FOEN with a justified proposal, the cantonal authorisations already available and the cantonal decision on the subsidy. 3 The FOEN shall issue guidelines on the information and documents required in connection with the application.
Art. 52 Granting and payment of subsidies
1 The FOEN shall issue a ruling determining the amount of the compensatory payment or the financial assistance or shall enter into an agreement with the recipient of the subsidy. 2 Payment of subsidies shall be dependent on the progress made with the measures.
Art. 53 Substandard fulfilment and non-intended use
1 If, despite receiving a warning, a recipient, whose application for compensatory payments or financial assistance has been approved, fails to carry out the measures or carries them in a substandard manner, the compensatory payments or financial assistance shall not be paid out or shall be reduced. 2 If compensatory payments or financial assistance have been paid out and if, despite receiving a warning, the recipient fails to carry out the measures or carries them out in a substandard manner, the recovery of the payments made is governed by Article 28 of the Subsidies Act of 5 October 1990. 3 If installations or equipment for which compensatory payments or financial assistance have been paid out are not used for the intended purpose, the FOEN may require the canton to arrange for the non-intended use to be stopped or reversed within a reasonable period. 4 If the non-intended use is not stopped or reversed, the recovery of the payments made is governed by Articles 28 and 29 of the Subs
Para. 2 — SR 616.1
Art. 54 Reporting and controlling
Article 49 applies by analogy to reporting and controlling.
Art. 55–59
Repealed