Ordinance
on Forest
(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.

of 30 November 1992 (Status as of 1 July 2021)


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Art. 39 Protection against natural events 62

(Art. 36 ForA)

1 Com­pens­at­ory pay­ments for the meas­ures and the com­pil­a­tion of ba­sic doc­u­ment­a­tion on nat­ur­al events are nor­mally al­loc­ated on a glob­al basis. The level of the glob­al com­pens­at­ory pay­ments is ne­go­ti­ated between the FOEN and the can­ton con­cerned and is based on:

a.
the haz­ard and dam­age po­ten­tial;
b.
the scope and the qual­ity of the meas­ures and of their plan­ning.

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 un­fore­see­able.

3 The con­tri­bu­tion to the costs of the meas­ures in ac­cord­ance with para­graph 2 amounts to 35 to 45 per cent of the cost of the meas­ures and is based on:

a.
the haz­ard and dam­age po­ten­tial;
b.
the de­gree of im­ple­ment­a­tion of a com­pre­hens­ive risk as­sess­ment;
c.
the scope and the qual­ity of the meas­ures and of their plan­ning.

4 If a can­ton in­curs con­sid­er­able ex­penses due to ex­cep­tion­al pro­tect­ive meas­ures, in par­tic­u­lar fol­low­ing dam­age caused by bad weath­er, the con­tri­bu­tion un­der para­graph 3 may be in­creased ex­cep­tion­ally to a max­im­um of 65 per cent of the cost of the meas­ures.

5 No com­pens­at­ory pay­ments are awar­ded for:

a.63
meas­ures re­quired for the pro­tec­tion of build­ings and in­stall­a­tions which at the time of con­struc­tion:
1.
were in already des­ig­nated haz­ard zones or known haz­ard areas, and
2.
are not ne­ces­sar­ily at­tached to that loc­a­tion;
b.
meas­ures for the pro­tec­tion of tour­ist build­ings and in­stall­a­tions, such as cable­ways, ski lifts, ski runs or hik­ing trails, that are situ­ated out­side of the in­hab­ited area.

62 Amended by No I 3 of the O of 2 Feb. 2011 (De­vel­op­ment of Pro­gramme Agree­ments in the En­vir­on­ment Sec­tor), in force since 1 March 2011 (AS 2011 649).

63 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).

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