History and Actual State of Legalization of Avalanche Zoning in Switzerland

Abstract

AbstractTourism in the Swiss Alpine region has developed rapidly in the last 20 years. Many new routes transport systems, and tourist resorts have appeared for which the planning and construction have inadequately considered the avalanche danger. The local authorities are responsible for the safety and welfare of the inhabitants and visitors. This is especially true with respect to land-use control and the issue of building permits. Since property values have risen considerably since the second World War, speculation in land that is not safe from hazard has become widespread. This speculation has led to numerous conflicts between property owners and the municipal government as well as between sellers and buyers of land which is later found to have an avalanche hazard. In Swiss law a legal basis is required to prohibit building in unsafe places. This basis did not exist in many Swiss cantons when these fateful developments began. This study will show how the legal basis for avalanche zoning has been developed at the federal, cantonal and communal levels and what the actual state of jurisdiction is. Of special interest are the “precedents” or “case law” which are presented and discussed in this paper. It also gives definitions of the terms “zone”, “avalanche zoning”, “avalanche hazard map”, and “avalanche zone plan”.