Sr 704 Federal Law Of October 4, 1985 On The Pedestrian Paths And Hiking Paths (Lcpr)

Original Language Title: RS 704 Loi fédérale du 4 octobre 1985 sur les chemins pour piétons et les chemins de randonnée pédestre (LCPR)

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704 federal law on the pedestrian paths and paths for hiking (LCPR) of October 4, 1985 (status on April 1, 1996) the Federal Assembly of the Swiss Confederation, view of art. 37 of the federal constitution;
considering the message of the federal Council on 26 September 1983, stop: Section 1 purpose and definitions art. 1 purpose this law is aimed establishing plans of communicators network of pedestrian paths and hiking paths, as well as the development and conservation of these networks.

Art. 2 networks pedestrian network of pedestrian paths paths are generally within the settlements.
These networks include the actual pedestrian, pedestrian areas, residential and other streets paths tracks of the same type, meaningfully connected. Sidewalks and crosswalks can serve as a junction.
The pedestrian paths serve and connect including residential areas, places of work, kindergartens and schools, stops of public transport, public establishments, recreational areas and shopping centers.

Art. 3 hiking networks networks of hiking paths, especially for relaxation, are generally outside built-up areas.
They include hiking paths wisely connected. Other paths, in particular sections of pedestrian paths and the little roads, can serve as a junction. To the extent possible, they will include sections of historical paths.
The hiking paths including serve to relax, sites areas (points of view, banks, etc.), monuments, the stops of public transport and tourist facilities.

Section 2 planning, development and conservation art. 4 development plans for the cantons shall: a. establish networks, existing plans or project, pedestrian paths and hiking paths: (b) periodically review these plans and the need to reshape.

They set the legal effects of the plans and set the procedure of establishment and modification.
The people, organizations and federal departments concerned must participate in the development of plans.

Art. 5 coordinating the cantons coordinate their pedestrian paths and networks of paths for hiking with those of neighbouring townships as well as those of the cantons and the Confederation activities that have of the effects on the Organization of the territory.

Art. 6 development and conservation the cantons: a. provide landscaping, maintenance and signalling of the pedestrian paths and hiking paths; b. ensure free movement and if possible without risk on these paths; c. take legal measures to ensure access to the public.

In the performance of other duties, they take into account the pedestrian paths and hiking paths.

Art. 7 replacement if the pedestrian paths and hiking paths in the plans must be removed in whole or in part, must provide a suitable replacement by existing paths or to create, taking into account local conditions.
The pedestrian paths and hiking paths must be replaced: a. If they are no longer accessible to the public; b. If they have been excavated, filled or cut another way; c. If significant sections are subject to heavy traffic or if they are open to the flow of vehicles; d. Where important sections are covered with unsuitable materials to the market.

The cantons regulate the procedure for the removal of roads on their territory, and decide who is responsible to ensure the replacement.

Art. 8 collaboration with private organizations for the preparation of plans, landscaping and conservation of a network of pedestrian paths and hiking paths, the Confederation and the cantons make use of private organizations in the development of these networks (private organizations).
They may entrust certain tasks to these organizations.

Art. 9. other interests to consider the Confederation and the cantons also take into consideration the interests of agriculture, forestry, of the protection of nature and the landscape as well as national defence.

Section 3 special tasks of the Confederation art. 10. in the areas within its competence in the performance of their duties, federal services strive to spare the network of pedestrian paths and hiking paths in plans according to art. 4, or shall replace them appropriately. For these purposes: a. they plan and build their own buildings and facilities: b accordingly. they subordinate to conditions and charges the granting of authorizations and concessions, or refuse to deliver; c. They subordinate the provision of subsidies to conditions or refuse to provide them.

During the realization of a book, the additional costs resulting from taking into consideration or replacement of paths for pedestrians or paths hiking, or sections thereof, are charged on the credit assigned to this book or supported to the same subsidy rate than all other expenses related to the work in question.

Art. 11 tips to the cantons Confederation may, by technical advice and documentation, help the cantons to establish plans of pedestrian paths and hiking trails, as well as networks to develop, maintain and replace these paths.

Art. 12 specialized private organizations helping the Confederation may allocate grants to private organizations of national importance for their activities within the meaning of art. 8 section 4 Organization and legal protection art. 13 technical services the cantons designate their services dealing with the pedestrian paths and hiking paths.

Art. 14 quality for use also have quality for use in federal and cantonal, proceedings notwithstanding the other provisions in this area: a. Commons, when their territory is involved; b. Organizations of national importance, recognized by the federal Department of the environment, transport, energy and communication.

The cantons may also appeal against decisions of the federal authorities.
When the procedure has a right of appeal within the meaning of the al. 1, the authority shall communicate its decision to the communes and organizations specialized in writing or by publication in the Federal Gazette or in the official organ of the canton. Municipalities and organizations who have not trained remedies can no longer intervene as a party in the proceedings if the decision is changed to another party and that it harms them.
When federal or cantonal law prior to decision making opposition proceedings, municipalities and organizations only have quality to use if they were made in the opposition party. In this case, the application must be published in accordance with the rules set out in para. 3. the al. 3 is not applicable when the decision on the project is rendered in the procedure provided for by the Federal law of June 20, 1930, on the expropriation.

The name of the administrative unit has been adapted according to art. 4A of the O of 15 June 1998 on official publications (RS 170.512.1).
See the O of the DFI on 16 April 1993 (RS 704.5).
Introduced by section II 2 of the Federal Act of 24 March 1995, in force since Feb. 1. 1996 (RO 1996 214 224; FF 1991 III 1137).
Introduced by section II 2 of the Federal Act of 24 March 1995, in force since Feb. 1. 1996 (RO 1996 214 224; FF 1991 III 1137).
RS 711 introduced by section II 2 of the Federal Act of 24 March 1995, in force since Feb. 1. 1996 (RO 1996 214 224; FF 1991 III 1137).

Section 5 provisions final art. 15 period of development plans for the cantons shall ensure that the plans within the meaning of art. 4, al. 1, are established in the three years following the entry into force of this Act.
The federal Council may exceptionally extend this deadline for certain regions.

Art. 16 transitional provisions cantonal governments designate networks pedestrian paths and hiking paths that this Act must be applied until the date of entry into force of the plans within the meaning of art. 4, al. 1. their decision is binding on all the authorities of the Confederation and the cantons.
Cantonal governments can take other interim measures, also cantonal law designates no other competent authorities.

Art. 17 referendum and entry into force the present law is subject to optional referendum.
The federal Council sets the date of entry into force.

Date of entry into force: 1 January 1987 or 1986 2506 [RS 1 3; RO 1979 678] FF 1983 IV 1 ACF of Nov. 26. 1986 (RO 1986 2510) 11 State. July 2006