Parks Ordinance (ParkO)

By Steph2
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In The Matter OfParks Ordinance (ParkO)
Exhibit A
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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 High Natural and Landscape Values

Art. 15

1 The territory of a park of national importance shall be characterised by its high natural and landscape values, and in particular by: a. the diversity and rarity of the indigenous animal and plant species as well as their habitats; b. the exceptional beauty and the character of the landscape; c. a low level of disturbance, by buildings, installations and uses, of the habitats of indigenous animal and plant species as well as of the landscapes and sites of local character. 2 The territory of regional natural parks and of buffer zones in national parks shall also be characterised by the uniqueness and special quality of the cultural landscape as well as by historically significant sites and monuments.

Section 2 National Parks

Art. 16 Area

1 The area of the core zone of a national park shall amount to at least: a. 100 km2 in the Alpine foothills and Alps; b. 75 km2 in the Jura and on the south side of the Alps; c. 50 km2 on the Swiss Plateau (Mittelland). 2 The core zone may be made up of unconnected sub-areas provided: a. the total surface area of the core zone exceeds the minimum area in terms of paragraph 1 by at least 10 per cent; and b. free natural development is guaranteed. 3 At least 25 km2 of the core zone shall be located below the tree line. 3bis Part of the core zone may lie in a neighbouring foreign country provided half of the minimum area is located in Switzerland and the other requirements of this Article for the core zone are met. 4 The buffer zone shall, as far as possible, surround the core zone completely. It shall have an area that is in appropriate proportion to the area of the core zone.

Para. 3bis — Inserted by No I of the O of 21 Feb. 2018, in force since 1 April 2018 (AS 2018 959).

Art. 17 Core zone

1 To enable free natural development, the following are prohibited in the core zone: a. leaving the paths and routes provided, and bringing in animals; b. the use of any vehicles; c. taking-off or landing using any civilian, manned aircraft, unless authorisation has been granted under Article 19 paragraph 3 letter a or 28 paragraph 1 of the Off-Airport Landing Ordinance of 14 May 2014. cbis. the operation of unmanned civilian aircraft; d. the construction of buildings and installations as well as terrain modification; e. use for agriculture or forestry, with the exception of traditional grazing use in clearly defined areas; f. fishing and hunting, with the exception of the regulation of stocks of game species in order to prevent significant damage caused by game; g. the collection of rocks, minerals, fossils, plants and fungi as well as the trapping of animals. 2 Derogations from the regulations in paragraph 1 are permitted, provided they are minor and are made for good cause. 3 The co

Para. 1 let. c — Amended by Annex No 1 of the Off-Airport Landing Ordinance of 14 May 2014, in force since 1 Sept. 2014 (AS 2014 1339). Para. 1 let. c — SR 748.132.3 Para. 1 let. cbis — Inserted by No I of the O of 21 Feb. 2018, in force since 1 April 2018 (AS 2018 959). Para. 4 — Repealed by No I of the O of 21 Feb. 2018, with effect from 1 April 2018 (AS 2018 959).

Art. 18 Buffer zone

1 Within the buffer zone, for the maintenance and near-natural management of the countryside and for its protection against detrimental intrusions: a. the ecological functions of the areas used for agriculture, the forest and the watercourses must be preserved and encouraged; b. use for the purposes of tourism and recreation must be organised in an ecological manner; c. the landscapes and sites of local character must be preserved and as far as possible enhanced; d. the habitats of indigenous animal and plant species that are worthy of protection must be enhanced and linked; e. in the case of new buildings, installations and uses, the character of the landscapes and sites of local character must be preserved and enhanced; f. existing disturbances to the landscapes and sites of local character by buildings, installations or uses must be minimised or eliminated when the opportunity arises. 2 The sustainable use of the natural resources of the buffer zone must be encouraged.

Section 3 Regional Nature Parks

Art. 19 Area

1 The area of a regional natural park shall amount to at least 100 km2. 2 It shall include the entire territory of the communes concerned. Derogation from this principle is permitted if: a. a large area that is delimited naturally is being incorporated into the area of a regional nature park; b. the rural part of an extended agglomeration commune with urban residential character contributes to rounding off the area of a regional nature park.

Art. 20 Preservation and enhancement of nature and landscape

In a regional natural park, in order to preserve and enhance the quality of nature and the landscape: a. the diversity of the indigenous animal and plant species, the types of habitat as well as the landscapes and sites of local character must be preserved and as far as possible enhanced; b. the habitats of indigenous animal and plant species that are worthy of protection must be enhanced and linked; c. in the case of new buildings, installations and uses, the character of the landscapes and sites of local character must be preserved and enhanced; d. existing impairments to the landscapes and sites of local character by buildings, installations or uses must be minimised or eliminated when the opportunity arises.

Art. 21 Encouraging sustainable business activities

In regional nature parks, in order to encourage sustainable business activities, the following shall be required in particular: a. the use of local natural resources in an environmentally sound manner; b. the strengthening of regional production and of the marketing of products produced in the park; c. the encouraging of services directed towards near-natural tourism and environmental education; d. support for the use of environmentally sound technologies.

Section 4 Nature Discovery Parks

Art. 22 Area and location

1 The area of the core zone of a nature discovery park shall amount to at least 4 km2. 2 The core zone may be composed of unconnected sub-areas provided: a. the total surface area of the core zone exceeds the minimum area in terms of paragraph 1 by at least 10 per cent; and b. free natural development is guaranteed. 3 The transition zone shall, as far as possible, surround the core zone completely. It shall have an area that is in appropriate proportion to the area of the core zone. 4 A nature discovery park shall be located within a maximum radius of 20 kilometres from the centre of an agglomeration and at a similar elevation. 5 It shall be easily accessible using public transport.

Art. 23 Core zone

1 To enable free natural development, the following are prohibited in the core zone: a. leaving the paths and routes provided and bringing in animals, with the exception of dogs, which must be kept on a leash; b. the use of any vehicle with exception of non-motorised vehicles on routes marked in accordance with Article 54a of the Road Signs Ordinance of 5 September 1979; c. the construction of buildings and installations as well as terrain modification; d. use for agriculture or forestry; e. fishing and hunting, with the exception of the regulation of stocks of game species in order to prevent significant damage caused by game; f. the collection of rocks, minerals, fossils, plants and fungi as well as the trapping of animals. 2 Derogations from the regulations in paragraph 1 are permitted, provided they are minor and are made for good cause. 3 The continued existence of existing buildings and installations is guaranteed. If an existing building or installation is not in the public inte

Para. 1 let. b — SR 741.21

Art. 24 Transition zone

In the transition zone, to make it possible for nature to be experienced and to ensure that the transition zone fulfils its buffer function in relation to the core zone: a. suitable measures must be taken for the environmental education of the visitors; b. agricultural and forestry uses as well as new buildings and installations that prejudice the development of unspoiled habitats for indigenous animal and plant species are prohibited; c. habitats for indigenous animal and plant species that are worthy of protection must be enhanced and linked; d. access must be limited and the collection of rocks, minerals, fossils, plants and fungi as well as the trapping of animals must be restricted if this is required to protect indigenous animal and plant species.

Section 5 Long-Term Guarantee

Art. 25 Park authority

1 The park authority must have the legal form, organisation and financial resources that guarantee the establishment, operation and quality assurance of the park. 2 Communes located within the perimeter of the park must be properly represented in the park authority. 3 In relation to the establishment and management of the park, the park authority must: a. guarantee the participation of the local population; b. enable the participation of interested businesses and organisations in the region.

Art. 26 Charter

1 The park authority and the communes concerned must, in consultation with the canton, draw up and implement a charter on park management and quality assurance. 2 The charter shall regulate: a. the maintenance of the natural, landscape and cultural values of the park; b. the enhancement and development measures in the territory of the park; c. the alignment of activities carried out by the communes and that affect land use with the requirements to be fulfilled by the park; d. the investment planning for the provision of human and financial resources as well as the required infrastructure for park management and quality assurance. 3 The charter must be concluded for a term of at least ten years.

Art. 27 Spatial planning safeguards and co-ordination of activities affecting land use

1 The park must be marked on the structure plan approved in accordance with Article 11 paragraph 1 of the Spatial Planning Act of 22 June 1979. 2 The authorities responsible for planning matters under the Spatial Planning Act of 22 June 1979 must: a. adapt the land use plans in accordance with the Spatial Planning Act to the extent required by the guarantee of the fulfilment of park requirements; b. publicise in an appropriate manner the regulations on the protection of core zones of national parks and nature discovery parks.

Para. 1 — SR 700