Deforestation is the permanent or temporary change of use of forest land.

¹ Deforestation is prohibited.

² In exceptional cases a deforestation permit may be granted if the applicant proves that there are important reasons for the deforestation that outweigh the interest of forest conservation and, furthermore, the following conditions are fulfilled:

a.

the proposed site must be essential to the works for which the deforestation is to be carried out;

b.

the works must essentially fulfil the spatial planning requirements;

c.

the deforestation does cause any serious threat to the environment.

³ Important reasons do not include financial interests, such as the potentially profitable use of the land or the low-cost acquisition of land for non-forestry purposes.

^3bis If the authorities have to decide whether to grant permission for the construction of installations for the generation of renewable energies and for energy transportation and distribution, when weighing up interests the national interest in constructing such installations is to be considered equal to other national interests.⁴

⁴ The protection of nature and cultural heritage must be taken into account.

⁵ A time limit shall be set for deforestation permits.

¹ Exceptional permits are granted by:

a.

the federal authorities, if they are competent to decide on the construction or alteration of works, for which deforestation is to be carried out;

b.

the cantonal authorities, if they decide on the construction or alteration of works, for which deforestation is to be carried out.

² Before the cantonal authority decides on a derogation, it shall hear the Federal Office for the Environment⁶ (Federal Office), if:

a.

the area to be deforested exceeds 5000 m²; if several deforestation applications are made for one and the same project, the total area is decisive;

b.

the forest to be deforested is located in several cantons.

¹ For all deforestation, compensation in kind must be provided in the same region and with species that are predominantly suited to the location.

² Measures may be implemented for the benefit of nature and landscape conservation instead of compensation in kind:

a.

in areas with increasing forest area;

b.

in other areas by way of exception in order to conserve arable land and areas of ecological or landscape value.

³ Compensation for deforestation may be dispensed with in the case of deforestation:

a.

of areas that have grown in the last 30 years in order to reclaim arable land;

b.

to guarantee flood protection and to rehabilitate waters;

c.

for the preservation and improvement of biotopes in accordance with Articles 18a and 18b paragraph 1 of the Federal Act of 1 July 1966⁸ on the Protection of Nature and Cultural Heritage.

⁴ If arable land that has been reclaimed in accordance with paragraph 3 letter is given a different use within 30 years, the compensation for deforestation must be provided retrospectively.

The cantons shall ensure that considerable benefits arising from deforestation permits that are not covered by Article 5 of the Federal Act on Spatial Planning of 22 June 1979¹⁰ are adequately compensated for.

¹ Any person who can demonstrate a legitimate interest may have the canton declare whether a plot of land is a forest.

² When enacting and revising land-use plans in accordance with the Federal Act of 22 June 1979¹¹ on Spatial Planning declaration as forest must be ordered in locations:

a.

in which development zones border the forest or will border it in the future;

b.

outside development zones where the canton wants to prevent an increase in forest.¹²

³ If a request for declaration as forest is made in association with an application for deforestation, responsibility is governed by Article 6. The competent federal authority decides at the request of the competent cantonal authority.¹³

¹ The deforestation permit does not exempt its holder from the obligation to obtain planning permission as stipulated in the Spatial Planning Act of 22 June 1979¹⁴.

² Should a construction project require both a deforestation permit and an exceptional permit to build outside the building zone, the latter may only be granted in agreement with the competent authority as stated in Article 6 of this Act.

The allocation of forest to a zone requires a deforestation permit.

¹ Forest boundaries declared as such under Article 10 paragraph 2 shall be entered in the land-use plans.¹⁶

² New wooded areas outside these boundaries are not considered forest.

³ Forest boundaries may be reviewed in the forest declaration procedure under Article 10 if the land-use plans are revised and the actual circumstances have changed substantially.¹⁷

¹ The cantons ensure that the forest is accessible to the general public.

² Where necessary for the conservation of the forest or other public interests, such as the protection of wild flora and fauna, the cantons shall:

a.

restrict accessibility to certain forest areas;

b.

subject the staging of major events in the forest to obtaining a permit.

¹ Forests and forest roads may only be accessed by motorised vehicular traffic for forestry purposes. The Federal Council regulates the exceptions to be made for military and other public tasks.

² The cantons may authorise access to forest roads for other purposes if this does not jeopardise forest conservation or other matters of public interest.

³ The cantons provide traffic signals and signs and the necessary controls. If signals, signs and controls are not sufficient, barriers may be installed.

¹ Uses that do not constitute deforestation as defined in Article 4, but which endanger or interfere with the functions or management of the forest are unlawful. Rights of use in such cases shall be revoked, if necessary by compulsory purchase. The cantons shall enact the necessary provisions.

² The competent authorities may authorise such uses for important reasons subject to certain conditions and requirements.¹⁸

¹ Buildings and installations are only admissible in the vicinity of the forest if they do not interfere with its conservation, maintenance and use.

² The cantons shall specify a suitable minimum distance for buildings and installations from the forest edge. They shall take the location and expected stand height into consideration in the specification of this distance.

³ The competent authorities may authorise constructions at less than the minimum distance if important reasons are given and subject to certain conditions and requirements.¹⁹

The use of environmentally hazardous substances in the forest is prohibited. Exemptions from this provision are regulated by the environmental protection legislation.

¹ The forest shall be managed in such a way that it can fulfil its functions without interruption or restriction (sustainability).

² The cantons shall enact planning and management regulations; in doing this, they shall take into account the requirements of wood supply, near-natural silviculture and the protection of nature and cultural heritage.

³ Should the state of the forest and forest conservation allow it, the maintenance and use of the forest may be dispensed with entirely or in part for ecological and landscape reasons.

⁴ The cantons may delimit suitable areas as forest reserves for the conservation of the species diversity of flora and fauna.

⁵ Where required by the protective function of the forest, the cantons ensure a minimum level of maintenance.

Any person who wishes to fell trees requires a permit issued by the forestry service. The cantons may provide for exemptions.

In order to ensure worker safety, contractors engaging in wood harvesting in the forest must demonstrate that the workers employed have completed a federally recognised course on the dangers of forestry work.

¹ Clearcutting and forms of wood harvesting that have effects similar to clearcutting are prohibited.

² The cantons may authorise exemptions to allow special silvicultural measures to be carried out.

¹ Should gaps arise in the forest due to interventions or natural events which endanger the stability or protective function of a forest, their restocking shall be ensured.

² If this does not occur through natural regeneration, the gaps must be planted with tree and shrubs that are suited to the location.

¹ Only reproductive material and plants that are healthy and suited to the location may be used for forest planting.

² The Federal Council issues regulations on the origin, use, trading and safeguarding of forest reproductive material.

¹ The alienation of forest in the ownership of communes and corporations and the division of forests requires the authorisation of the canton. This may only be granted if the functions of the forest are not impaired as a result.

² If the alienation or division also requires authorisation in accordance with the Federal Act of 4 October 1991²² on Rural Land Rights, the cantons shall ensure that the authorisation processes procedures are combined and concluded by joint decision.

¹ The Federal Council shall enact regulations on measures for the prevention and remediation of damage that arises as a result of natural disaster or harmful organisms and that could pose a threat to the function of the forest;

² In order to protect against harmful organisms, it may ban or limit certain organisms, plants or products, or introduce requirements to authorise, report, register or document them.

³ The Confederation shall establish measures at the national borders and ensure that the cantons set and coordinate trans-cantonal measures within the country's borders.

⁴ It maintains a federal plant protection service whose forest section is subordinate to the federal office.

¹ Subject to Article 26, the cantons shall take any measures necessary to prevent the causes and consequences of damage that could compromise the functions of the forest. In particular, they monitor their area for harmful organisms.²⁴

² They shall regulate wild animal populations in such a way that forest conservation, in particular natural regeneration with tree species suited to the location, is guaranteed without protective measures. Where this is not possible, they undertake measures to prevent damage caused by wild animals.

¹ Persons handling plants must observe the principles of plant protection.

² The Confederation, in cooperation with the cantons concerned, shall establish strategies and guidelines on measures to be taken against harmful organisms that may considerably compromise forest functions. The measures ensure that:

a.

newly identified harmful organisms are destroyed in a timely manner;

b.

established harmful organisms are contained if the expected benefits outweigh the costs of control;

c.

harmful organisms found outside of the forest area are also monitored, destroyed or contained in order to protect the forest.

³ Owners of trees, shrubs, other plants, cultures, plant material, means of production and objects that are infested or could be infested with harmful organisms, or are themselves harmful organisms, must carry out or allow monitoring, isolation, treatment or destruction thereof in conjunction with the relevant authorities.

In the event of forest disasters, the Federal Assembly may undertake measures, by means of a general federal decree not subject to a referendum, that specifically serve the preservation of the forestry and timber sector.

The Confederation and cantons shall take measures to provide sustainable support to the forest in its functions, even under changed climatic conditions.

¹ The Confederation shall coordinate and promote forestry education and training.²⁷

² In conjunction with the cantons, it shall provide theoretical and practical training and continuing education in forestry at tertiary level.²⁸

³ …²⁹

⁴ The legislation on vocational and professional education and training applies to the training of forestry personnel. The Federal Council shall specify the forestry education and training areas, in which the Federal Department of the Environment, Transport, Energy and Communications implements this legislation.³⁰

The cantons shall ensure the training of forestry workers and the provision of advice to forest owners.

¹ The Confederation may commission or provide financial assistance for the following purposes:

a.

research on the forest;

b.

research and development of measures for the protection of the forest against harmful effects;

c.

research and development of measures aimed at protecting human life and significant material assets against natural events;

d.

research and development of measures to boost the market for wood and the use of wood.

² It may establish and operate research institutes.

¹ The Confederation may entrust national organisations with duties relating to forest conservation and provide financial assistance to them for this purpose.

² It may also entrust to cantonal or regional associations duties of particular significance for certain regions, in particular in the mountain areas.

¹ The Confederation shall ensure that periodic surveys of the locations, functions and state of the forest, of the production and use of wood and of the structures and economic situation of the forestry sector are carried out. The forest owners and the management bodies of forestry and timber enterprises must provide the authorities with the information required and, if necessary, acquiesce in the conduct of enquiries.

² All of those responsible for carrying out or evaluating surveys are bound by official secrecy.

The Confederation and cantons shall ensure that the authorities and public are informed about the significance and state of the forest and about the forestry and timber sector.

The Confederation shall promote the marketing and use of sustainably produced timber, in particular by supporting innovative projects.

¹ The Confederation shall encourage the use of sustainably produced timber where appropriate in the planning, construction and operation of its own buildings and installations.

² When purchasing wood products, it shall take account of factors such as sustainable and near natural forest management and the aim of reducing greenhouse gas emissions.

¹ Subsidies paid in accordance with this Act is granted within the scope of the authorised credits under the condition that:

a.

the measures are cost effective and carried out professionally;

b.

the measures are assessed in conjunction with those of other Federal Acts both collectively and according to their actions in combination;

c.

the beneficiary makes a contribution that is proportionate to its economic performance, the other sources of finance and reasonable self-financing measures;

d.

third parties, who are beneficiaries or originators of damage, are called on for co-financing;

e.

a permanent resolution of conflicts that is beneficial to forest conservation is reached.

² The Federal Council may require that subsidies are only paid to beneficiaries who participate in self-financing measures by the forestry and timber sector.

¹ The Confederation grants to the cantons on the basis of programme agreements global compensatory payments for measures that protect human life and significant material assets against natural events, in particular for:³³

a.³⁴

the erection, maintenance and replacement of protective structures and installations;

b.

the creation of forest with special protective function and the corresponding young forest maintenance;

c.

the compilation of hazard registers and hazard maps, the establishment and operation of monitoring stations and the development of early-warning services to secure settlements and transport routes.

² By way of exception, it may provide financial assistance by means of a ruling for projects that require an individual assessment by the Confederation.³⁵

³ The amount of financial assistance provided is determined by the risk posed by natural events and the cost and effectiveness of the measures.³⁶

¹ The Confederation grants to the cantons on the basis of programme agreements global financial assistance for measures necessary for the fulfilment of function of the protective forest, in particular for:

a.

the maintenance of the protective forest, including the prevention and remediation of forest damage that endanger the protective forest;

b.

the guaranteeing of the infrastructure for the maintenance of the protective forest insofar as it takes the forest as a natural community into account.

^1bis By way of exception, it may provide financial assistance by means of a ruling for projects that originate as the result of an extraordinary natural event.³⁸

² The amount of financial assistance is determined by the protective forest area to be maintained, the risk to be hindered and the impact of the measures.

¹ The Confederation shall grant the cantons on the basis of programme agreements global financial assistance for measures to prevent and mitigate forest damage outside the protective forest which is caused by natural events or harmful organisms.

² By way of exception, it may provide financial assistance by means of a ruling for individual projects that require an assessment by the Confederation.

³ The amount of financial assistance is determined by the risk to be hindered and the impact of the measures.

¹ Those required to take measures against harmful organisms in accordance with Article 27a paragraph 3 may be suitably reimbursed for any costs of prevention, control and re-establishment that are not borne under Article 48a.

² The amount to be reimbursed is set by the competent authority in a procedure that is as simple as possible and free of charge to the person who has incurred costs.

¹ The Confederation shall provide financial assistance for measures that contribute to the conservation and improvement of biological diversity in the forest, in particular for:⁴²

a.

the protection and maintenance of forest reserves and other ecologically valuable forest habitats;

b.⁴³

the fostering of biodiversity and genetic diversity of the forest;

c.

the connectivity of forest habitats;

d.

the conservation of traditional forms of forest management;

e.⁴⁴

…

² …⁴⁵

³ The level of the financial assistance is based on the significance of the measures in relation to biological diversity and the effectiveness of the measures.

¹ The Confederation provides financial assistance for measures that improve the profitability of sustainable forest management, in particular for:⁴⁸

a.

interoperational planning bases;

b.

measures to improve the management conditions of the forestry operations;

c.

temporary joint measures by the forestry and timber sector for advertising and marketing promotion in the case of exceptional wood supply;

d.

the storage of wood in the case of exceptional wood supply;

e.⁴⁹

promoting the training of forestry workers and the practical training of forestry experts at university level;

f.⁵⁰

measures that support the forest in being able to fulfil its functions even under changed climatic conditions, in particular for the management of young forest and propagation of plant material;

g.⁵¹

adaptation or reconstitution of public infrastructure facilities, insofar as these are necessary as part of an overall forest management concept and take account of the forest as a near-natural habitat, and overdevelopment is avoided.

² It provides financial assistance:

a.⁵²

for measures under paragraph 1 letters a, b and d-g: as global subsidies on the basis of programme agreements concluded with the cantons;

b.

for measures under paragraph 1 letter e: by a ruling of the Federal Office.

³ The level of the financial assistance is based on the effectiveness of the measures.

¹ The Confederation provides subsidies for the education and training of forestry personnel according to Articles 52-59 of the Vocational and Professional Education and Training Act of 13 December 2002⁵³.⁵⁴

² In derogation from paragraph 1 it assumes up to 50 percent of the occupation-specific costs, in particular for the on-site practical training of forestry personnel and creation of teaching material for forestry personnel.⁵⁵

³…⁵⁶

¹ The Confederation may grant interest-free or low-interest repayable credits:

a.

as building loans;

b.⁵⁷

for the financing of the residual costs of measures eligible for subsidy under Articles 36, 37 and 38a paragraph 1 letter b;

c.

for the acquisition of forestry vehicles, machines and equipment and for the creation of forestry installations.

² The loans are limited in term.

³ Loans are only granted on the application of the canton. If a debtor does not meet his repayment obligation, the relevant canton shall assume responsibility for the repayment in his place.

⁴ Repayments shall be used to fund new investment credits.

¹ The Federal Assembly shall approve by simple federal degree a temporary four-year guarantee credit⁵⁹ for the provision of subsidies and credits.

² Subsidies for the response to extraordinary natural events are limited in time according to the duration of the corresponding measures.

¹ The Federal Council may issue regulations on the voluntary declaration of origin of forest products and their processed products in order to promote quality and sales.

² The registration and protection of labels and the procedures are governed by the Federal Act of 29 April 1998⁶¹ on Agriculture.

¹ Appeal proceedings are governed by the general provisions on the administration of federal justice.⁶⁷

^1bis and ^1ter ... ⁶⁸

² The Federal Office⁶⁹ has the right of appeal under federal and cantonal law against rulings by the cantonal authorities made on the basis of this Act and its implementing provisions.

³ The right of appeal of the cantons, communes and organisations concerned with the protection of nature and cultural heritage is based on Articles 12-12g of the Federal Act of 1 July 1966⁷⁰ on the Protection of Nature and Cultural Heritage.⁷¹ It is also accorded against rulings made on the basis of Articles 5, 7, 8, 10, 12 and 13 of this Act.

⁴ The Federal Council may provide for appeal proceedings against first instance rulings in the implementing legislation.⁷²

Authorisations and orders in terms of this Act only become effective when they come into force. This is subject to Article 12e of the Federal Act of 1 July 1966⁷³ on the Protection of Nature and Cultural Heritage.⁷⁴

¹ If required by forest conservation measures or the erection of structures and installations for protection against natural hazards, the cantons may acquire the necessary landed property and any associated easements through compulsory purchase.

² The cantons may declare the Compulsory Purchase Act of 20 June 1930⁷⁵ to be applicable in their implementing provisions whereby the cantonal government shall rule on any objections that remain in dispute. If the object of the compulsory purchase extends over the territory of more than one canton, the Compulsory Purchase Act applies.

The costs of measures that the authorities introduce or order to prevent immediate threat or detriment to the forest and to ascertain and mitigate such threat or detriment shall be transferred to the culpable originator.

¹ The Confederation supervises the enforcement of this Act and implements the duties directly assigned to it by this Act.

^1bis It coordinates its enforcement measures with those of the cantons.⁷⁸

² Before a federal authority issues a ruling on the basis of the Forest Act based on another Federal Act or an international agreement, it shall consult the cantons concerned. The Federal Office and the other federal agencies concerned cooperate in accordance with Articles 62a and 62b of the Government and Administration Organisation Act of 21 March 1997⁷⁹ in relation to enforcement.

³ The Federal Council enacts the implementing provisions. It may delegate the issuing of provisions of a primarily technical or administrative nature to the Federal Department of the Environment, Transport, Energy and Communication or its agencies and to subordinated federal offices.⁸⁰

¹ The cantons enforce this Act and enact the necessary regulations; Article 49 is reserved.

² The cantonal authorities shall undertake immediately the measures necessary to redress unlawful situations. They are authorised to collect security deposits and impose substitutive execution.

The enforcement authorities may commission and remunerate public or private agencies to conduct controls and other enforcement measures.

¹ The cantons ensure the appropriate organisation of the forestry service.

² They divide their territory into forest districts and forest areas. These are managed by forestry experts with tertiary-level education and practical experience.⁸²

The cantonal implementing provisions on Articles 16 paragraph 1, 17 paragraph 2 and 20 paragraph 2 require the approval of the Confederation to be valid.

¹ All cantonal implementing provisions must be made known to the Federal Office prior to their entry into force.

² The Federal Department of the Environment, Transport, Energy and Communications stipulates which cantonal provisions and decisions must be made known to the Federal Office.