¹ The Confederation establishes sectoral designs and plans to plan and coordinate those of its activities that have significant effects on the territory and the environment.

² In its designs and sectoral plans, the Confederation shows how it intends to make use of its freedom of assessment in the field of development; in particular it defines:

A.

The objectives in the field in question and how it intends to bring them into line with each other and with those of the organisation of the territory; and

B.

The priorities, modalities and means for carrying out its space-related activities.

³ The sectoral plans contain, in addition, concrete indications relating to space conditions and timing, as well as specific requirements to the attention of the relevant federal authorities.

¹ The concrete indications concerning space conditions are both a text and a map.

² The text and the maps contain binding indications which can be classified in the categories "resolved coordination", "coordination in progress" and "prior information" (Art. 5, para. 2); other information may be included as required. They also provide information on the spatial and sectoral data (basic data) needed to understand the binding indications.

³ A particular project cannot be stopped as "settled coordination":

A.

Whether it meets a need;

B.

Whether other locations have been examined and whether the preferred location is the best alternative;

C.

That if the major impact of the project on the territory and the environment can be assessed in a manner consistent with that level of planning; and

D.

If it appears to comply with the relevant legislation.

In the explanatory report, the relevant federal service provides information in particular on:

A.

The purpose and conduct of the planning;

B.

The manner in which the various interests were taken into account (s. 3);

C.

The results of the collaboration (art. 18) and consultation and participation procedures (art. 19).

¹ The competent federal service shall develop the sectoral designs and plans, their adaptations and the basic studies necessary in close cooperation with the ARE. In so doing, it takes into account the planning of the cantons.

² The ARE lends its good offices in case of differences of opinion between federal services or between the Confederation and the cantons. It sets out for the DETEC that presents the proposal if the conditions are met for the planning in question to be adopted as a design or sector plan within the meaning of s. 13 LAT.

³ The competent federal service and the ARE are jointly making available the financial and human resources required for this work according to a distribution key to be determined on a case-by-case basis.

⁴ When the circumstances have changed, new tasks arise or a solution can be found in the better set, the sectoral designs and plans are reviewed and, if necessary, completely reworked, or Adapted.

¹ In order to identify in time the conflicts that may arise during the planning process and to resolve them by mutual agreement, the appropriate federal service is committed to obtaining the collaboration as soon as possible:

A.

The relevant authorities of the Confederation, the cantons and regions bordering the neighbouring countries;

B.

Concerned organisations and persons of public law and private law who do not belong to the administration, when carrying out public duties.

² If a cantonal master plan in force prevents or disproportionately hampering the achievement of the objectives pursued by a sectoral plan, the canton and the competent federal service shall coordinate the procedures for adapting the management plan and Development of the sector plan.

¹ The competent federal service shall deliver the design or sectoral plan to the cantons concerned. It also indicates how to ensure the information and participation of the population by way of announcements in the official bodies for the elements of the sectoral plan which will concretely affect the site. ¹

² The cantonal organisation responsible for regional planning consults the cantonal, regional and local authorities concerned and ensures that adequate participation of the population is ensured.

³ The cost of advertising in the official bodies shall be borne by the competent federal service.

⁴ The design or sector plan project is subject to a public deposit for at least 20 days. The consultation procedure is in principle three months. In the case of adaptations of sectoral designs or plans, this time limit shall be reduced accordingly.

¹ Prior to the adoption of the design or sectoral plan by the Federal Council, the cantons are given the opportunity to identify the contradictions that still exist with the cantonal guidelines.

² If these contradictions cannot be eliminated, a conciliation procedure may be requested prior to the adoption of the sectoral design or plan.

³ The provisions relating to the conciliation procedure for cantonal management plans (Art. 7, para. 2, and 12 LAT; art. 13 OAT) shall apply mutatis mutandis. The procedure should be completed as soon as possible.

¹ The Federal Council shall adopt the sectoral designs and plans and their adaptations on the basis of a proposal from the relevant department.

² Within the limits of his freedom of assessment in the field of accommodation, he shall ensure in particular:

A.

The design or sector plan complies with the requirements of the land use and special duty law;

B.

Any inconsistencies with other sectoral designs and plans of the Confederation, as well as the existing cantonal management plans, have been eliminated;

C.

That the design or sector plan adequately takes into account the other spatial impact activities of the Confederation and the cantons.

³ It shall approve the corresponding adaptations of Cantonal Management Plans if possible at the same time as it adopts the sectoral design or plan.

⁴ Where the adaptation of an existing sectoral plan does not lead to new conflicts and has no significant effects on the territory and the environment, it may be adopted by the relevant department. ¹

¹ Sector designs and plans are binding on the authorities.

² They are also binding on organisations and persons of public or private law who do not belong to the administration, when they carry out public duties.

³ The authorities are bound by a particular project classified as "settled coordination" provided that the impact on the territory and the environment could have been properly assessed on the basis of the basic studies of the sectoral plan and the The plans of the Confederation and of the cantons available at the time of classification in that category.

¹ The provisions of a sectoral plan which relate to the implementation of a concrete project are binding on the cantons if the Confederation has adopted them according to the powers conferred on it by the Constitution and by law in the field of Question.

² If the adaptation of a cantonal master plan is based on the provisions of a sectoral plan, the Confederation takes note of it as an update.

The Confederation periodically provides the cantons with an overview of sectoral designs and plans, related background studies and plans for the construction of the Confederation.

¹ When awarding grants, approving plans or granting authorisations or concessions relating to measures affecting the organisation of the territory, the Federal Services shall consider whether the obligation to develop has been Properly completed with regard to the decision to be taken.

² If a management plan is to be adapted, the ARE coordinates the procedures between the Confederation and the canton.

¹ The maximum area to be constructed per capita and by employment in full-time equivalent that a canton can account for in the assessment of its residential areas, mixed zones and central areas within the meaning of Art. 15, para. 1 and 2, LAT is the value obtained for the communes in the canton. If, for a municipality, this value is greater than the value reached by half of the comparable territorial entities, the calculation must use the latter value.

² The delimitation of new areas of economic activity requires the introduction by the canton of a system of management of areas of activities which, in general, ensures their rational use.

³ The DETEC is responsible for the development of the s. 15, para. 5, LAT with the cantons.

¹ In order to fulfil the duties of the federal and cantonal law on equipment, the public authorities provide an overview of the state of the equipment.

² The outline presents the construction-specific parts of the area, taking into account the development and equipment carried out, or likely to be completed within five years if the work is carried out in accordance with the Established program.

³ The public authorities follow the development of the construction, determine the reserves of use in the territories already largely built and keep the overview updated.

⁴ The preview can be viewed by anyone.

¹ The cantonal authority shall ensure that the public authorities fulfil the tasks assigned to them in the field of equipment and, if necessary, carry out equipment.

² A canton must not have a total of more construction zones equipped than those corresponding to the needs of the next fifteen years according to the average growth scenario of the SFO.

³ Where the areas to be built are not equipped by the public authorities within the time limit laid down by the equipment programme, the cantonal authority shall examine whether the allocation plans need to be adapted.

¹ Solar installations are considered suitable for roofs (art. 18 A , para. 1, LAT) if the following conditions are met:

A.

They do not exceed portions of the roof perpendicular to more than 20 cm;

B.

They do not exceed the roof, face and face;

C.

They are not reflective according to the state of technical knowledge;

D.

They are a surface of a single holding.

² The specific provisions based on the cantonal law relating to the integration of such installations shall apply where they are proportionate to the defence of justified protection interests and do not restrict the exploitation of Solar energy more strictly than para. 1.

³ Projects provided for authorisation must be announced before the start of the work to the authority issuing the building authorisations or to another authority declared competent to receive the announcements through the cantonal legislation. Cantonal legislation establishes the period within which the advertisement must be made and specifies which plans and other documents are to be attached to it.

Cultural property of cantonal or national importance (art. 18 A , para. 3, LAT):

A. ¹ Cultural property within the meaning of s. 1, let. A and b of the order of 29 October 2014 on the protection of cultural property in the event of armed conflict, disaster or emergency ² ;

B.

The perimeters, sets and individual elements contained in the Federal Inventory of nationally significant sites of national importance to be protected in Switzerland with a safeguard objective A ³ ;

C.

Cultural property of national or regional significance listed in another inventory adopted by the Confederation on the basis of the Federal Law of 1 ^Er July 1966 on the Protection of Nature and Landscape (LPN) ⁴ ;

D.

Cultural property of national or regional significance to which federal contributions within the meaning of s. 13 FNLPs were granted;

E.

Construction and facilities falling within the scope of the art. 24 D , para. 2, LAT or s. 39, para. 2, of this order because of the protection afforded to them;

F.

Objects which, in the management plan approved by the Confederation, are designated as cultural property of Cantonal significance within the meaning of s. 18 A , para. 3, LAT.

To ensure the maintenance of small urbanized entities located outside the building area, special areas within the meaning of s. 18 LAT, such as areas of hamlets or areas of rural habitat maintenance, may be delimited if the map or text of the cantonal master plan (Art. 8 LAT) provides for this.

¹ The following shall be in accordance with the allocation of the agricultural area the buildings and installations which are used for the exploitation of the soil or the internal development, or which are-in the parts of the agricultural area designated for that purpose in accordance with Art. 16 A , para. 3, LAT-necessary for an operation exceeding the limits of internal development and which are used for:

A.

The production of foodstuffs for consumption and processing and from the cultivation of plants and the care of annuities;

B.

The exploitation of surfaces close to their natural state.

² In addition, the buildings and installations used for the preparation, storage or sale of agricultural or horticultural products shall be used in the area:

A.

If the latter are produced in the region and more than half of them come from the operation in which the said buildings and facilities or operations belonging to a production community are located;

B.

If the preparation, storage or sale is not of an industrial character; and

C.

Whether the operation in which the said constructions and installations are situated maintains its agricultural or horticultural character.

³ Finally, it is in line with the allocation of the area the buildings which are used for the essential housing of the agricultural enterprise, including the housing for the generation that is retiring.

⁴ An authorization may be issued only:

A.

Whether the construction or installation is necessary for the operation in question;

B.

If there is no overriding interest in the construction or installation at the intended location; and

C.

If it is foreseeable that the operation will continue in the long term.

⁵ The buildings and installations used for farming as a leisure activity are not deemed to be in conformity with the allocation of the agricultural area.

¹ The construction and facilities required for:

A.

Fuel or fuel production;

B.

Power generation by heat-force coupling from the fuel or fuel generated;

C. ²

...

D.

Pipelines intended for the transport of energy produced to suitable users, as well as to the movement of biomass and the disposal of residues of energy production;

E.

Processing of transported biomass and residues of energy production.

^1bis Also eligible are the construction and facilities necessary for the production of heat from woody biomass and the distribution of heat produced if:

A.

The necessary facilities are placed in existing central buildings within the farm and are no longer used for agriculture; and

B.

The constituent parts of these facilities meet current high energy efficiency standards. ³

² The substrates used must be due to at least half of the mass of the operation itself or of remote agricultural undertakings, as a general rule, 15 km maximum by road. This part must represent at least 10 % of the energy value of all the substrates used. The sources of other biomass substrates shall be located, as a general rule, at a distance of not more than 50 km by road. Longer distances may be permitted on an exceptional basis.

³ The full installation must be made conditional on the farming operation and contribute to the efficient use of renewable energies.

⁴ The conditions of art. 34, para. 4, must be completed.

¹ Enterprises in the sense of art are considered to be agricultural undertakings. 5 or 7 of the Federal Act of 4 October 1991 on Rural Land Law (LDFR) ² .

² In existing farms which do not meet the conditions laid down in Art. 5 or 7 LDFR relating to standard labour units, processing work for the possession of horses in existing buildings and installations and the external facilities necessary for proper detention of the Animals may be permitted where a feed base from the majority of operations and pastures for the possession of horses is available.

³ The enclosure arranged in such a way as to allow animals to move freely every day and every time within the meaning of art. 2, para. 3, let. F, of the order of 23 April 2008 on the protection of animals ³ (all seasons) must meet the following conditions:

A.

It must be attached to the stables; where this is not possible, a possible place for the use of the horses must also serve as an outlet for all seasons; if the number of horses requires an additional exit area, it May be separated from the stables;

B.

To the extent that the field of exit all seasons exceeds the minimum area provided for in the legislation on the protection of animals, the consolidation of the soil must be able to be eliminated without great effort; the area of exit all seasons shall not, however, Not to exceed the surface recommended by the animal protection legislation.

⁴ Seats for the use of horses, such as horse riding, loin or carousel:

A.

Can only be used for the use of horses held on the farm;

B.

Can be used in common by several companies;

C.

May have a maximum surface area of 800 m ² ; carousels are not included in the surface calculation;

D.

Must be developed in the immediate vicinity of the buildings and facilities of the operation;

E.

Cannot be covered or surrounded by walls; for carousels, a cover of the route is permissible;

F.

May include an appropriate lighting installation;

G.

Must not have speakers;

H.

Must be able to be eliminated without great effort.

⁵ Building new residential buildings related to the detention and use of horses is not eligible.

⁶ Moreover, the conditions laid down in Art. 34 must be completed.

A construction or facility for the care of farm animals, of which only one natural person is the owner, may be erected for several operations:

A. ¹

Whether the holdings constitute an operating community or a partial operating community recognized by the competent cantonal authority;

B.

If the contract signed by all members of the community is attached to the application; and

C.

If the minimum duration of the contract is ten years at the time the authorization to build is granted.

¹ Is considered an internal development (art. 16 A , para. 2, LAT) the construction of buildings and facilities for the care of livestock under an independent mode of production of the land when: ¹

A.

The gross margin of the independent production sector is less than the gross margin of the soil-dependent production; or

B.

The dry matter potential of the plant crop represents at least 70 % of the dry matter needs of the livestock.

² The comparison of gross margins and dry matter should be based on standard values. Otherwise, comparable calculation criteria will be used.

³ If the gross margin criterion results in a higher internal development potential than the dry matter criterion, in all cases it will be necessary to ensure that 50 % coverage of the dry matter needs of the livestock is Provided.

¹ The construction of buildings and installations for market gardening and horticulture according to an independent mode of production of the soil is considered to be internal development (art. 16 A, Al. 2, LAT) if the independent production surface of the soil does not exceed 35 % of the cultivated vegetable or horticultural surface and is not greater than 5000 m ² . ¹

² The production is considered to be independent of the soil if there is not a sufficiently close connection to the soil.

The cantons shall determine, in the framework of the preparation of their master plan or by legislative means, the requirements to be complied with when defining zones within the meaning of Art. 16 A , para. 3, LAT; in this regard, the purposes and principles set out in s. 1 and 3 LAT are decisive.

¹ In the territories with traditionally dispersed habitat that are designated in the cantonal master plan and in which, in view of the desired spatial development, the permanent habitat must be reinforced, the cantons may authorise, under title Construction whose settlement is imposed by their destination (art. 24, let. A, LAT):

A.

Changes in the allocation, for non-farm-related housing, of existing construction with housing, if the post-processing construction is used in the year;

B.

Changes in the assignment of buildings or complexes of existing buildings with housing, for the purposes of small craft and local trade (p. Ex. Cheese factories, wood processing companies, mechanical shops, locksmith shops, retail establishments, coffee shops); the craft or trade area should generally not occupy more than half of the Construction or complex of existing buildings.

² The cantons may authorise, in respect of buildings imposed by their destination, changes in the allocation of existing buildings, protected as characteristic features of the landscape:

A.

Whether the landscape and the buildings form a worthy set of protection and have been placed under protection as part of an assignment plan;

B.

Whether the appearance of the landscape depends on the maintenance of such buildings;

C.

The long-term conservation of such buildings cannot be assured in any other way; and

D.

Whether the cantonal master plan defines the criteria for judging whether landscapes and constructions are worthy of protection.

³ Authorisations may only be issued on the basis of this Article if the exterior aspect and the architectural structure of the construction are essentially unchanged. ¹

⁴ An authorization based on para. 2 becomes obsolete if construction or, as long as this is the responsibility of the owner, the surrounding landscape is no longer worthy of protection. ²

⁵ In the case of an unlawful alteration in a landscape within the meaning of para. 2, a cantonal authority shall ensure that a decision to restore the right in accordance with the law is taken and enforced. ³

¹ The authorization of a non-agricultural ancillary activity presupposes:

A.

It is carried out in the central buildings of the farming business;

B.

It is designed in such a way that the operation of the farming business remains insured;

C.

The farm character of the farm remains essentially unchanged;

D.

Be in the presence of an agricultural undertaking within the meaning of s. 5 or 7 of the Federal Law of 4 October 1991 on Rural Land Law ² .

² Evidence that the survival of the business depends on additional income (s. 24 B , para. 1, LAT) must be provided by means of a management concept.

³ The following are considered ancillary activities closely related to the farming business:

A.

The benefits of agritourism such as on-farm meals, nights in straw, bed and breakfast, hay baths;

B.

The social and educational benefits for which life and, as much as possible, on-farm work is an essential component.

⁴ If the space available for a non-agricultural ancillary activity within the meaning of s. 24 B , para. 1 ^Bis , LAT is insufficient in existing buildings and installations, auxiliary or transferable buildings may be allowed up to 100 m ² .

⁵ If the conditions for an authorization within the meaning of s. 24 B LAT is no longer fulfilled, the authorization lapses. The competent authority shall see this in a decision. On request, it will be decided in the framework of a new authorisation procedure if the non-agricultural ancillary activity may be authorised under another provision.

¹ Art. 24 C LAT is applicable to structures and facilities that have been erected or legally converted prior to the allocation of land to a non-constructible territory within the meaning of federal law (buildings and facilities erected according to the former Right).

² It is not applicable to isolated and uninhabited agricultural buildings and installations.

¹ A transformation is considered partial and a magnification is considered to be measured when the identity of the construction or installation and its approaches is met for the most part. Improvements of an aesthetic nature are allowed. ²

² The defining moment for assessing respect for identity is the state of construction or installation at the time the land is allocated to a non-constructible territory. ³

³ The question of whether the identity of the construction or installation is respected for the most part is to be considered in the light of all the circumstances. In any case, the following rules must be followed:

A.

Within the existing built volume, the gross floor area cannot be increased by more than 60 per cent, with external insulation being considered an expansion within the existing built volume;

B.

A magnification can be made outside the existing built volume if the conditions of the art. 24 C , para. 4, LAT are filled; the total enlargement may not exceed 30 % or 100 m ² , whether it is the gross floor of the floor or the total surface area (sum of the gross floor area due and the gross area attached); the enlargements within the existing built volume count only for Half;

C.

The processing work should not allow for a significant change in the use of buildings initially used on a temporary basis. ⁴

⁴ Cannot be reconstructed only the construction or installation which could be used in accordance with its intended purpose at the time of its destruction or demolition and whose use always meets a need. The built volume can only be reconstructed to the extent corresponding to the permissible surface within the meaning of para. 3. L' al. 3, let. A is not applicable. If there are objective reasons for this, the construction or replacement installation may differ slightly from that of the previous construction or installation. ⁵

¹ A magnification may be allowed in accordance with Art. 24 D , para. 1 and 3, LAT if it is essential for a residential use meeting the usual standards.

² ... ³

³ Reconstruction may be permitted if the destruction was due to a case of force majeure. ⁴

¹ The processing intended for the holding of animals as a leisure activity is considered to be a magnification of the use for the purpose of dwelling the residential building in the vicinity.

² It is imputed to the potential for expansion of residential buildings within the meaning of s. 42, para. 3. ³

³ The number of animals held must not exceed the capacity of those who reside nearby to take care of them. ⁴

⁴ Where federal law lays down stricter requirements than legislation on the protection of animals for animal-friendly detention, installations within buildings must comply with these requirements. An exception to this rule is the detention in groups of horses according to Annex 6, let. A, ch. 2.1, let. A, of the order of 23 October 2013 on direct payments ⁵ . ⁶

⁵ Facilities that are necessary for the proper detention of animals and that are not covered or surrounded by walls, such as all-season exit areas, manure areas or Fences. They do not include the following:

A.

Facilities that are used solely for recreational activities with animals, such as horseback riding or exercising;

B.

Grazing shelters. ⁷

⁶ The area of exit all seasons can be separated from the team only for imperative reasons. The qualifying area is determined by s. 34 B, Al. 3, let. B. ⁸

⁷ If the conditions laid down in Art. 24 E LAT is no longer fulfilled, the authorization lapses. The competent authority shall note this by way of decision. ⁹

¹ Changes in the assignment and expansion of constructions and craft or commercial installations that have become contrary to the assignment of the zone may be authorised:

A.

Whether the construction or installation has been erected or converted legally;

B.

There is no significant new impact on the land and the environment;

C.

If the new use does not contravene any other Act of Parliament;

D. To f. ² ...

² The area used for non-conforming use of the zone may be enlarged by 30 %, the enlargements being made within the existing built volume of half.

³ If the expansion of the area used for non-use of the area outside the existing built volume exceeds 100 m ² , it can only be authorized if it is essential for the maintenance of the business.

Authorisations may be issued on the basis of this section only if the following conditions are met:

A.

The construction is no longer necessary for the previous use in accordance with the assignment of the zone or imposed by its destination or the maintenance of that use is ensured;

B.

The change of assignment does not involve a replacement construction that would not be required;

C.

At most a slight extension of the existing equipment is necessary and any additional infrastructure costs incurred by the authorised use shall be borne by the owner;

D.

The agricultural operation of the surrounding land is not under threat;

E.

There is no overriding interest in this.

¹ The competent cantonal authority which grants an authorization for a construction or installation outside the area to be built shall have the following information concerning the property affected in the land register:

A.

The existence of a non-agricultural ancillary activity (s. 24 B LAT);

B.

The conditions which are subject to the granting of an authorisation;

C.

The obligation to restore the rule to the law.

² It may include other restrictions on the right of ownership, including restrictions on the use and restrictions of the right to dispose, as well as conditions and expenses.

³ The Office of the Land Registry shall automatically cancel the entries when the land is permanently classified as a building area. In other cases, a reference may be deleted only when the competent authority has taken a decision finding that the conditions which justified the mention no longer exist.

¹ The ARE controls the impact on the organisation of the territory and on the landscape of the application of the requirements on non-area constructions to be built.

² The cantons shall transmit to the AER the information necessary for this purpose.

¹ The cantons shall notify the ARE of decisions concerning the approval of assignment plans within the meaning of Art. 26 LAT and the decisions on appeal by the lower authorities when they concern:

A.

The delimitation of areas to be built in cantons where s. 38 A , para. 2, 3 or 5, LAT;

B.

The modification of assignment plans resulting in a reduction of more than three hectares of drying surfaces.

² The ARE may require certain cantons to notify it of decisions relating to specific sectoral areas.

³ The cantons shall communicate to the Federal Office of Agriculture decisions concerning the approval of assignment plans under Art. 26 LAT or decisions on recourse by the lower courts where these relate to changes in assignment plans that reduce the drying surfaces of more than three hectares. ²

¹ The authority that establishes the assignment plans shall provide the cantonal authority responsible for approving such plans (art. 26, para. 1, LAT), a report demonstrating their conformity with the aims and principles of spatial planning (art. 1 and 3 LAT), as well as adequate consideration of the observations of the population (art. 4, para. 2, LAT), conceptions and sectoral plans of the Confederation (art. 13 LAT), of the management plan (art. 8 LAT) and requirements arising from other provisions of federal law, including environmental protection legislation.

² In particular, it sets out what reservations remain in existing building areas, what measures are needed to mobilize those reserves or to obtain on those areas a structure that is consistent with the allocation of the area and in which These measures will be taken. ¹