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Show in 1952 by the Federal Department of Interior have not reached all offices of building management. It cannot be assumed that they have been purposely forgotten, since all kinds of other subjects dealing with regional planning were itemized. Technically, avalanche zones belong in the building code or in a planning code of higher order. In this case, a more systematic approach would be appropriate. For example, the canton Fribourg and the Grisons have incorporated avalanche zones into two different laws. Avalanche areas must be subsumed under danger zones in Art. 3, paragraph d in the cantonal Building and Planning Law of the Grisons. Earlier they were explicitly mentioned in Art. 48 of the cantonal Forest Law, even though they technically do not belong to it. The canton Fribourg does not mention avalanche zones in its building code, even though they should be itemized under Plan of Zones in Art. 34. Yet avalanche zones are mentioned in Art. 20 of the Executive Order, in the Law and Executive Order for the Fire Police, for the protection against damage from the elements, and in the law dealing with the insurance of buildings against fire and other damage. The large mountain cantons of Berne and the Valais do not mention them. In Art. 5, 6 and 9 in the Bernese law dealing with building specification, regulations of the building code are itemized. It also mentions zoning plans and green and open areas, but not avalanche zones. The canton of the Valais might have had the opportunity to mention avalanche zones when decreeing the regulation concerning the execution of the ordinance from January 28, 1963, dealing with subsidizing local and regional planning. By legalizing avalanche zone planning so many legal and administrative affairs must be put in order, as we will see in the next chapter, that it cannot be done with one article or one paragraph of an article. Comprehensive regulations must be expected, which either should be incorporated in technically related codes, as for example the planning and building codes; or written as an independent law. The canton Nidwalden is the only canton that has such a law since 1964. The examples and considerations above should prove that certain guidelines de lege ferenda are necessary. But who should work out these guidelines? The guidelines of the Federal Department of Interior from June 17, 1952, concerning avalanche zoning plans, have been incorporated into the executive ordinance to the Federal Forest Law from October 1, 1965, concerning the federal supervision of the forest police. These guidelines remain valid. With the federal law from March 19, 1965, concerning measures to promote housing developments, it would be possible to exercise influence on a federal level. The 1. paragraph of Art. 4 states: " The Confederation will promote appropriate settlement at long sight and provide aid towards the cost of national, regional and local land planning insofar as it is used for this purpose." 20 |