Commentaries: Art. 41c

In the space provided for waters, only fixed installations serving the public interest such as footpaths and hiking trails, run-of-river power plants or bridges may be built. The authority may authorise the following installations provided there are no overriding interests to the contrary: in densely built-up areas, installations that meet zoning requirements; a^bis.^^¹^ installations that meet zoning requirements outside densely built-up areas on individual plots of ground that have not been built on within a series of several plots of ground that have been built on;
1. agricultural and forestry tracked and gravel paths with a distance of at least 3m from the shoreline of the waters if topographically limited spatial conditions pertain;
2. fixed parts of installations that aid water withdrawal or discharge;
3. ² small installations that serve the use of the waters.³
The continued existence of installations and permanent crops in terms of Article 22 paragraph 1 letters a–c, e and g–i of the Agricultural Terms Ordinance of 7 December 1998⁴in the space provided for waters that are lawfully constructed and useable as intended is in principle protected.⁵
No fertilisers and plant health products may be used in the space provided for waters. Individual treatments of problem plants are permitted outside a 3-metre-wide strip along the bank where these cannot be controlled mechanically at a reasonable cost.
The space provided for waters may be used for agricultural purposes if it is used in accordance with the requirements of the Direct Payments Ordinance of 23 October 2013⁶as straw fields, hedgerows, field or riparian woodland, riparian meadow, extensively used meadow, extensively used pasture ground or wooded pasture ground. These requirements also apply to the use of areas outside the agricultural land in use.⁷ 4bis. If in the case of roads and paths with a base layer or railway lines that run alongside waters the space provided for waters on the land side extends only a few metres beyond the transport infrastructure, the authority may authorise exceptions from the management restrictions in paragraphs 3 and 4 for the part on the land side provided no fertilisers or plant health products can enter the water.⁸
Measures against natural erosion of the banks of a watercourse are permitted only if required for protection against flooding or to prevent an unreasonable loss of agricultural land.
The following do not apply:
1. paragraphs 1–5 to that part of the space provided for waters that exclusively serves to guarantee the use of the waters;
2. paragraphs 3 and 4 to the space provided for culverted waters.

Inserted by No I of the O of 22 March 2017, in force since 1 May 2017 (AS 2017 2585). ↩
Inserted by No I of the O of 22 March 2017, in force since 1 May 2017 (AS 2017 2585). ↩
Amended by No I of the O of 4 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 4791). ↩
SR 910.91 ↩
Amended by No I of the O of 4 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 4791). ↩
SR 910.13 ↩
Amended by No IV of the O of 2 Nov. 2022, in force since 1 Jan. 2023 (AS 2022 737). ↩
Inserted by No I of the O of 22 March 2017, in force since 1 May 2017 (AS 2017 2585). ↩

Art. 41c

Footnotes

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