U. S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
ALTA AVALANCHE STUDY CENTER
WASATCH NATIONAL FOREST
TRANSLATION NO. 11
THE AVALANCHE ZONING PLAN
BY HANS FRUTIGER
Translated by Rolf Doebbling & E. R. LaChapelle
July 1970
I. History of the Avalanche Zoning Plan
On March 6, 1928, the federal forest inspector Dr. F. Fankhauser delivered a lecture on
avalanches and avalanche defenses in which he said, "If certain sites known to be
endangered have recently been sold to strangers for house construction, so that in some
cases an outlay of millions is required to correct the already-committed error by means of
defense structures, then this should serve as a lesson for the future and induce community
officials to deny construction permits where such danger exists." This was not only
said but written down 40 years ago. Unhappily the words have had little of the apparent
effect they should have had. This negligence has exacted a bitter revenge in many
localities.
The situation is not a new one; buildings erected long ago in danger zones sooner or later
fell victim to avalanches. There is no truth in the widely heard rumor that the ancients
knew exactly where and where not to build. Sooner or later very old buildings have been
destroyed by avalanches, and even whole villages wiped out.
The heavy construction activity in recent decades gave rise to local planning activities.
In all cases these have to take avalanches into account. Avalanche zoning thus is a
permanent part of local planning by means of which avalanche damage can be prevented. In
this respect the expression "avalanche zone planning" is correct. Objectively
better and more correct would be the designation "avalanche zone mapping", since
avalanche zones are not the product of planning; on the contrary, they often come in
conflict with planning, a factor which has great legal significance. Avalanche zones do
not arise from the desires of planners, but are imposed on them as natural forces
independent of human influence. The already adopted expression "avalanche zone
planning" is justified if it is understood to include the whole complex of tasks
involved in preventing avalanche damage which are addressed to technical as well as legal
and administrative problems.
Localities available to foreigners in the mountains have not grown up only in recent
times. The growth resulted in part from a lack of space in areas which were known to be
avalanche districts. A period of avalanche inactivity sooner or later allows the hazard to
sink into forgetfulness. O. Liitschg-Loetscher wrote about the health resort of Davos in
1943: "Because the health resort began to develop in the last quarter of the l9th
century, more than a generation after the disaster of 1817, construction was most
intensive on the sunniest, but most severely endangered, part of Davos. Warning voices
should definitely have been raised against this, but, since most of the construction was
undertaken by people unacquainted with the area who paid the natives high prices for the
land, the warnings didn't get through."
For his part, Fankhauser spoke only of building permits which should have been denied.
Later the Federal Forest Inspectorate took up the matter once more. After the great
avalanche catastrophes of winter 1950/51, the Federal Department of the Interior published
guidelines in which the necessity of avalanche zoning plans was emphasized. Seven years
later, on July 9, 1959, the proclamation addressed to the governments of the mountain
cantons was repeated, in which the instructions were recalled with the following words:
"The guidelines of our Department of June 17, 1952, concerning afforestation and
defense projects in tracts exposed to avalanche danger contained certain instructions
intended to minimize the future exposure of human life and structures to avalanche danger.
These instructions read as follows:
"The preparation of avalanche zoning plans and avalanche cadasters is indispensable
if future loss of life and property is to be prevented.......... The Federal Government
cannot underwrite contributions to resettlement or measures to protect structures against
avalanches if the construction site was chosen without regard to the avalanche zoning plan
and cadaster, or if such is lacking, warnings of building commissions were
disregarded."
"Experience teaches that the avalanche catastrophes of 1951 and 1954 are all too soon
forgotten and that today construction is beginning again with irresponsible carelessness
in avalanche danger areas. The people involved must bear the responsibility for their own
lack of foresight, for the Confederation, in conformation with the above-mentioned
guidelines, cannot contribute to the cost of protective measures."
**************************************************
Up to the end of the 50's the farmers of Davos and Verbier had used as
they had for centuries their mowing meadows "auf den Boden",
"Mayentset" and "PlanPra". In the autumn the cows grazed, the manure
was put out to the meadows, and in summer the aromatic mountain hay was harvested. But the
migration of mountain-people into the towns had long since begun. Again and again,
"Maiensasse" were given up and even the less productive land was relinquished,
for no more mowers could be found to cut the grass for poor compensation. The land became
cheap. On the other hand, good economic conditions and the wealth of the lowlands brought
more and more vacationers to the mountains. Among these were many who could afford a
second, or vacation, house. By the early 50's, the hunger for land extended to mountain
areas. The sale of stony acreage in a short time made the mountain farmers rich.
Speculators smelled business, got into the act, and soon ferreted out the poorest and most
remote corners of land. Areas bought en bloc were subdivided, designated as construction
sites, and parcels sold at truly high connoisseurs' prices. The "construction
sites" also included avalanche areas. But the buyers for the most part did not come
from local areas and many were even foreigners. These people hardly ever noticed the
serious drawback of their "piece of building land", or noticed it only after it
was too late.
The situation of the construction land and real estate markets in the best-known vacation
resorts can best be shown if we recall the measure against land speculation which, among
other things, led to the "Mandatory Permission for the Acquisition of Land Parcels by
Foreign Persons." The "sell-off of the homeland" was widespread in 1960.
For instance, the Senate of the Grisons took up this matter. In the session of 27 May 1961
a member of the Senate declared: "Foreigners own 71 parcels of land in Davos 69 in
St. Moritz and 99 in Arosa." In the 13 September 1960 session of the Senate of the
Canton of Berne, Senator Gertsch inquired about which communities had avalanche zoning
plans and which courts were competent to draw up and approve these plans. The reply was
that not a single community of the canton had a finished plan. On 29 May 1962, Senator O.
Largiadar from Pontresina posed a parliamentary question concerning protection against
avalanche damage. This reads as follows:
"As a consequence of the current construction boom, vacation homes in some
communities are being built without consideration and foresight in avalanche paths. The 17
June 1952 Guidelines of the Federal Department of the Interior concerning afforestation
and defense structure projects in avalanche hazard zones contained certain instructions de
signed to insure when possible in the future that lives and property were kept free of
avalanche danger. In this same regulation, among other things the preparation of avalanche
cadasters and zoning plans was required. The communities were also held responsible for
suppressing construction planning in endangered areas. The most honorable Council is
requested to impart information about who in the canton of the Grisons is responsible and
ready to prepare these avalanche zoning plans. Does not the government accept the
interpretation, that the required precautionary measures should be accorded more
importance?"
We have taken a notice from the Neue Zurcher Zeitung of 3 November 1962, which is
captioned "Expensive Vacation Homes are Built in Avalanche Paths". The notice
reads as follows: "Chur, 2 November. The Council of the Grisons must presently act on
the following: A scarcity of land suitable for construction has become apparent,
especially in certain well-known resorts. This has led to the sale of avalanche hazard
zones as construction sites. Furthermore, during the past summer numerous vacation homes
have been erected on terrain which is not safe from avalanches."
The extent of construction activity in such resorts can be measured by the example of
Davos (1950 permanent population: 10,500), for which the following figures on new housing
starts have been taken from the newspaper "Die Volkswirtschaft": In 1959, 23
houses; in 1961, 47 houses; in 1963, 99 houses. The building activity thus has doubled
every two years. Further examples are taken from a report of a regional planner who is
familiar with conditions in the canton of the Grisons: "At one locality in the Upper
Engadine with 221 residents, construction sites worth Sfr 2,000,000 were sold in 1964. At
a thoroughly remote locality at the same altitude with 71 residents and situated around
700m above the valley road, a single corporation carefully acquired land for 30-40 houses.
From other places whose names previously had been hardly known, similar alarming reports
are arriving, accompanied by pleas for help, "what shall we do?".
Who should assume responsibility for the avalanche zone planning? This question was also
posed by the Federal Forest Inspectorate, which has repeatedly pointed to the importance
of avalanche zone planning. The Legal and Appeal Service of the Federal Department of the
Interior discussed this question on 16 April 1961, in which it was stated:
"Preparation of avalanche zoning plans is the affair of the mountain cantons as well
as the communities endangered by avalanches. An expert opinion on the various legal
aspects of avalanche zone planning points to concern for safety of the residents as
primarily the responsibility of the local community. Since ancient times the community has
been assigned to the local police by prescriptive rights. Inasmuch as the cantonal laws
permit them to prepare zoning laws, the handling of avalanche zoning plans also falls
within their competence." But only rarely do the local authorities have experts avail
able who would be capable of executing the technical task of mapping avalanche zones. This
is also clear from the proceedings of the 6 June 1962 conference of cantonal Forest
Supervisors from the mountain cantons. The notice reads as follows: "The communities
are not technically qualified for the preparation of a zoning plan; the forest services
must assist them. The forestry officials as overseers of avalanche defense practice are
obliged to serve the communities--when requested--as technical advisers on avalanche zone
planning." This suggestion was especially appropriate because the forestry officials
by reason of their professional expertise in delineating avalanche occurrence,
especially in regard to timber damage, were the best prepared to offer objective opinions
about avalanche dangers at individual areas.
"The Forest Inspectorate of the canton of the Grisons in the year 1872 had already
issued a memorandum to the district forest officials assigning the task of collecting
avalanche statistics and filling out the related forms. After the confederation in 1874
established a Forest Inspectorate, the federal department involved set out the project of
accumulating avalanche statistics from the entire Swiss Alps. On 7 January 1878, the
cantons were invited to have their forest personnel work toward this goal. These
statistics included relevant historical facts about individual avalanche paths, such as
unusual events associated with release and fall, size and character of effects and
damages, accidents to persons and animals, unusual amounts of deposited snow debris, and
similar data." This was written 89 years ago by the then Federal Forest Supervisor J.
Coaz. The avalanche statistics were terminated in 1909 and published by Coaz in 1910. If
we still had the original survey and if the statistics had been carried forward to the
present, we would be close to a century-old avalanche cadaster, which would provide an
outstanding foundation for avalanche zone planning. The two works of Coaz are interesting
and valuable mines of information. Unfortunately, the accompanying avalanche map of the
Swiss Alps to a scale of 1:250,000, even though a great achievement at the time, is not
adequate for executing avalanche zoning plans. The original surveys in scales of 1:50,000,
1:25,000 and 1:100,000 cannot be located and were never continued. Another start was made
following the avalanche winter of 1950/51. The Swiss Federal Institute for Snow and
Avalanche Research (SLF Institute) began in 1955 the survey to build a new Swiss avalanche
cadaster. In 1962 the cooperative work of the SLF Institute and the cantonal forest
services was newly organized and the previously limited work was intensified.
It became necessary to train the needed specialists, not only for map ping avalanche
areas, but also to introduce the representatives of local governments to their new
responsibilities. The Federal Forest Inspectorate therefore directed the SLF Institute to
give courses for people working on avalanche zone planning. The first course of this kind
was given on 8-9 November 1962 in Davos. It was attended by 27 participants from all the
mountain cantons except Schwyz and Obwalden. Representatives of local government and
building departments, forest engineers, foresters, civil and cultivation engineers as well
as a representative of an insurance dealing with damage caused by natural elements were
among the participants. A second course was given 10-12 April 1967. While the first course
was given to clarify questions on technical, administrative and legal aspects of avalanche
zoning, the second course concentrated on mapping. For this reason, almost all of the 38
participants were forest service representatives, among whom were four Austrians. The
Working Group for avalanche defenses, a dozen competent forest engineers working on
avalanche control structures, was also interested in the problem of avalanche zone
planning.
The first attempt at planning avalanche zoning was documented by the SLF Institute in
regard to an extension and alignment plan for the settlement of Wengen on 30 September
1960. For the first time, problems dealing with the delimitation of avalanche-safe and
avalanche-dangerous areas were discussed. Until 1968, most of the solutions then proposed
were incorporated in more or less unchanged form in all new plannings. Even then it was
obvious that an unquestionable separation of safe and dangerous areas could not be
achieved. It became necessary to introduce a zone of transition between areas often proven
to be swept by avalanches and areas proven to be safe from them. This zone of transition
could not be considered totally safe from avalanche danger; however, the danger
represented was so small that there was no justification for prohibiting construction in
these areas. It became common practice to determine three zones. In definite avalanche
areas, construction was prohibited and they were marked on maps in red color. The red zone
was followed by a blue zone. In these areas, prohibition of construction was not
justified; however, the possibility of danger was not excluded. An area that was
definitely without danger from avalanches was designated as a white zone. The blue zone
had in addition the special designation of an "imposition zone", which means
that construction was permitted. However, building permits were issued with the
understanding that the kind and form of building could be specified, as well as necessary
reinforced construction or evacuation of the inhabitants in case of avalanche danger.
After the avalanche catastrophes on 26 January 1968 in Davos where the area
"Boden" was especially hard hit, yet for which zoning maps existed, the question
was raised if the SLF Institute practice of designating building zones was correct.
Essentially, the researcher working on avalanche zoning maps should subdivide areas
according to the degree of danger present. The government could then draw the line with
respect to the use of the area for construction purposes and the kind of buildings that
would be permissible.
At the conclusion of this historical survey, the question must be asked: How much has been
achieved to this point? Unfortunately, avalanche zone planning was faced with the same
problem as the planning of other projects such as street planning, village planning, etc.;
that is, it was behind the actual needs. The people that were directly involved in this
cannot be blamed, since they generally directed their efforts toward correcting this
situation. It is the public that should be blamed, since it shows interest in a situation
only after problems have developed, yet the planner is de pendent on its attitude. This is
tragically demonstrated with water protection projects. In a lecture, "Building
Politics in the Area of the Grisons--a prospect for Ten Years," given on November 23,
1966, Walz said, "A development has been noted for the last ten years that properly
can only be called overcrowding." This proved to be true. Local governments of most
involved communities, as well as building police and construction planning, were totally
surprised and unprepared. Only under these circumstances was the project of avalanche zone
planning initiated. Landowners, however, strongly objected, since they were interested in
their property only as potential building sites. In many cases, reclamations were made
before work was started on the project and hardly was planning finished for the priority
areas when the first appeals were started by property owners. In perspective, the
interests of property owners, as in most cases, is guided purely by the desire for making
money. Speculation is mostly unchecked and it is shameful to see how wealth and money will
turn people brutal and rotten. Questions dealing with ethics and human relations should be
just as important as questions dealing with technology, legalities and administrative
skill.
The problem could have been solved easier if notice would have been taken of the timely
warning given by the Federal Forest Inspectorate. In any case, we should learn from our
mistakes. Most avalanche zone planning has remained piece-work until today, mainly because
extensive areas had to be neglected in order to deal with priority areas. We know of very
few mountain communities that have planning which cover all the areas in question. In this
respect, the outstanding efforts of the canton Nidwalden should be mentioned. Here the
government systematically surveyed the whole area of the canton to determine the need for
avalanche zone planning. This canton is the only one which has a detailed law concerning
avalanche zoning plans, which went into effect April 24, 1964.
The serious avalanches in January 1968 drastically demonstrated the need for avalanche
zone planning. On 5 February 1968, Senator Hubacher introduced the following
bill/postulate to the Senate of the canton of Berne: "The government is asked to
investigate the possible methods of constructing an avalanche zoning map for mountain
areas. The latest avalanche occurrences have shown that such a map would not only be
beneficial for the local people, but also for the tourist trade and for the building of
tourist facilities, since it would give information on possible avalanche paths. In this
connection, the question is raised if in areas designated as avalanche zones, construction
should be prohibited, and if avalanche zoning could be used as a basis for an avalanche
cadaster, which, analogous to the torrent cadaster, could be used for the promotion of
structural avalanche control. The avalanche zoning map should also include every known
avalanche path. Complete information is probably not possible, and no government
responsibility could be linked to such a map. It should be used only as a guide."
In the press release, the Federal Forest Inspectorate also focused attention on avalanche
zoning plans: "Because of observations made this winter, it is necessary to focus
additional attention to organizations such as the Avalanche Warning Service in these
regions, and to the so-called Passive Avalanche Defense that deals with the mapping of
avalanche zones in which provisions have been made to restrict construction and which
include building specifications."
As a result of a bill/postulate introduced by Representative Leu on 5 March 1968, the Diet
(representatives of the cantons in the Parliament) will also have to deal with avalanche
zone planning. This bill/postulate demands a thorough investigation on how law could be
applied to inhabited areas to force the construction of avalanche defense structures and
to prohibit construction in danger zones. A bill introduced to the National Council by
Senator Grunig on 6 March 1968, states the following: "Thought should be given to a
possible speedy establishment of an avalanche cadaster that would encompass all areas in
Switzerland, especially since such a cadaster has already been demanded by different
cantonal parliaments. Such an avalanche register would be prerequisite for avalanche
zoning according to Article 32, Section 1. It would also constitute a solid basis for
additional and necessary control structures. It would be an important part of
indispensable national and regional planning in the mountains."
On the whole,avalanche zoning in Switzerland is still at its beginning. It can be proofed
by some figures how big the task is which should be set about doing now. In the twelve
mountain cantons of Berne, Uri, Schwyz, Ob walden, Nidwalden, Glarus, Fribourg, St. Gall,
the Grisons, Tessin, Vaud and Valais there are 312 communities that need avalanche zone
plans. Of these only 29 or 9% have such plans which often are not complete and extend only
over part of the whole territory. These 312 communities extend over 1.5 millions of
hectares. After deducting unproductive surfaces and the forested area there are still
664'280 hectares for which zoning plans must be prepared. The plans elaborated up to now
comprehend a surface of 29'480 hectares or 4% of the total. The rest namely 96% have to be
treated yet.
II. Concept and Description of the Avalanche Zone
An avalanche zone can generally be subdivided into three sections: a starting zone, a
track and a runout-damage zone. Since the building authorities need to know only the
conditions of the inhabited areas and potential construction sites, which are mostly
located in the runout zone, the starting zone and the track are ordinarily not included in
zone planning. How ever, workers compiling the avalanche zoning map must also judge the
starting zone and the track. It is from the characteristics of these areas that the size,
runout distance and frequency of expected slides can be estimated.
If the starting zone is uniform, chances are that the slide is released over the full
extent of the zone, which results in a large avalanche. If it is separated by rock
outcroppings, forest patches and ridges, small slides will frequently release, but the
resulting avalanches will be small and harmless. Slopes with an inclination of 60% or more
can generally be considered avalanche starting zones; however, a slide will break loose
only under certain weather conditions. The most important factor which is necessary to
release an avalanche is heavy snowfall. A large amount of snow fall will
result in new snow avalanches that can be dangerous for inhabited areas. Under conditions
of heavy snowfall, the rapidly increasing new snow layer cannot settle and stabilize
enough to bond with the old layer of snow or the ground below it, so that after a given
amount of time the new snow layer will slide off as an avalanche. Steep slopes with
approximately 30cm of new snowfall represent a local slide danger. If the snowfall
accumulates to about 50cm, the expected avalanches will be larger, but if it accumulates
to about 70cm, avalanches release in areas that seldom experience them. An important
factor in judging avalanche areas are slopes with an inclination of between 55% and 60%.
Such slopes do not release immediately under heavy snowfall,allowing for exceptionally
large avalanches, as was demonstrated in the winter of 1950/51.
Along with the new snow avalanches which usually occur in mid-winter and which are
composed of dry and light snow, spring and ground avalanches should be mentioned. Their
release is effected by warm and clear weather and by strong solar radiation or by the
"Fohn", all factors which cause the entire meltwater-saturated snow layer to
slide along the ground. The wet and heavy snow moves relatively slow and generally follows
a well-known slide path. Ground avalanches are especially important to transportation and
communication links, such as railroads and highways.
On slopes and in gullies with an inclination of about 30%, avalanches will not ordinarily
stop in their downward movement. Slopes with such angles must still be counted as part of
the track. The average inclination for most avalanche paths that extend for a long
distance is between 40% and 70%. The direction and run out distance of an avalanche in the
area of deposit is determined by the form, direction and slope of the lower area of the
track. According to their type and by the corresponding shape of the track, avalanches can
be thrown out of their path and can follow totally different directions. In one instance,
it could be observed that the advanced fronts of ground avalanches and dust avalanches (a
snow-air mixture) were deposited 400m apart, even though they released from the same zone.
The different dynamics of two types of avalanches result in a much larger area of
deposition than is observed with only one type of avalanche. The possibility of building
on alluvial fans below the mouth of gullies must often be considered. Avalanches are
channeled in the gullies and enter, at the beginning of the outrun, a relatively flat and
wide terrain. Retardation often begins at the gully mouth. The outrun distance of large
avalanches is long, despite the small inclination of the slope. At inclinations of 10% to
15%, outrun distances of 500m to 1000m are observed. On a steep and irregular track, dry
snow avalanches develop into powder avalanches of respectable size. The resulting impact
can lead to destruction at places which cannot be reached by the sliding snow. In narrow
valleys, the air blast can reach far up the opposite slopes.
As a result of unusual weather conditions, avalanches can occur at places where it was
never considered possible. A combination of low temperature and intense snowfall can lead
to an unusually loose snow layer that can even re lease in forested areas. Mountain
forests in general and especially larch forests show thin open stands which are not able
to prevent the starting of avalanches. The avalanches from January 10-12, 1954, which
especially affected the Grosse Walsertal in Austria are a case in point. Schilcher said
following the event: "From the southern and partially from the northern valley slopes
of the Grosse Walsertal, loose snow and dust avalanches of all sizes spread over 50% of
the total area. The release areas existed along the length of the valley and were
scattered in a southwesterly direction at any height between 800m and 1850m and were
located in open country as well as in forests." Such possibilities must be strongly
considered, since sunny ridges located under steep mountain forests make ideal locations
for summer houses.
Another local source of danger is gliding snow. This is the slow and not often noticeable
movement of the snowpack along the ground. It is observed that these phenomena occur most
often on steep mowing meadows in the snowy foothills of the Alps. However, more gentle
snow slopes are also subject to dangerous movement if they are water saturated. Early and
heavy snowfall results in pronounced "glide winters." Recent examples are the
winters of 1952/53 and 1965/66, in which many buildings were damaged.
The return interval of individual avalanches is the source of most difficulties for a
sensible approach to an avalanche zone designation. We mean avalanches that are infrequent
and extreme. It is these avalanches that are most dangerous to inhabited terrain, since
they generally sweep large areas. In this respect, peculiar opinions have been expressed.
For example, an appeal was filed against withholding a building permit for construction of
a vacation house. The reason given was that a situation conflicting with safety laws only
exists if "immediate" danger is present. Avalanches that only sweep down
occasionally do not present immediate danger. It is possible to give information on the
frequency and probability of avalanches by analyzing weather and avalanche statistics.
However, since a slide event cannot be predicted in advance, this information is
practically useless. This problem can be stated with an example as follows: Should an area
that in a span of one hundred or several hundred years recorded only one avalanche be
proscribed for building projects? We can imagine such an event occurring the following
winter. The reader will arrive at the conclusion that construction would be irresponsible.
But if the event is imagined in the distant future, a totally different reaction could be
expected. Such problems were recently discussed openly in connection with the avalanche
catastrophe "Auf den Boden" in Davos. de Quervain wrote: "To eliminate
every possible risk by considering regular avalanche activity and every historical
avalanche event as a basis for zone planning, several well-known resorts had to put under
the ban entire quarters. A certain final risk in the future must be accepted even if only
one serious catastrophe occurs in hundreds of years, or if more frequent but less serious
damage is inflicted. The extent of the risk for the different area sections should be
evaluated by people that have knowledge of the area or, if possible, by an avalanche
expert. The final evaluation on what is reasonable has to be left to a judicial
court."
The Avalanche Zoning Map should incorporate every danger associated with snow.
Factors that should be considered are the type of avalanches, air blast caused by dust
avalanches, the erratic path taken by wet snow slides, the creeping and sliding movement
of the snow cover and unusual and extreme events. The thankless job of determining the
extent of risks to be taken, by defining areas where building should be specified or
construction prohibited, is left to the government. Together these constitute the avalanche
zoning plan, which then presents the blueprint for local planners.
III. Avalanche Zone Mapping
Mountain communities are often scattered over extensive areas with much unproductive
terrain which is characterized by boulder fields, rocks and glaciers. To illustrate this,
the five largest communities have been selected:

Avalanche zoning maps that are mapped according to communities will later become an
addition to community building regulations. Avalanche zone map ping ideally should include
the total area of a community. However, little would be accomplished by including the
large barren and uninhabited terrain. Mapping can then be limited to settled areas,
potential building sites and regions with existing or potential commercial links. Border
areas with uniform topography separating two communities should be dealt with according to
principles that apply to planning in general; such areas should be considered as a unit.
Mapping should not stop where the areas of two communities meet, despite a political
division of uniform topography.
Sources of information available to researchers compiling avalanche zoning maps are:
-Topography and forested areas
-Avalanche scars in the terrain
-An eventual avalanche register (cadaster)
-An eventual avalanche chronicle
-Statements of local people
Practice has shown that the general plan for the register of land property at a scale of
1:10,000 can be used as an excellent foundation for studying the topography. Another
valuable perspective can be gained by using the National Map with a smaller scale of
1:25,000, which is not yet obtainable for all mountain areas. At a contour interval of
20m, this map does not show detailed land forms; however, it can be used as a stop-gap if
the general plan is missing. Large maps have the disadvantage of being hard to handle,
especially if large areas must be worked. They lose a great deal of clarity, which should
not be sacrificed for exaggerated details. It is easier to record on larger scales, as for
example 1:5,000 or 1:2,000. Yet such maps with altitude contours exist only for small
areas. It is advantageous to inspect survey maps for possible avalanche areas, record them
approximately, and then verify their existence in the field. Under these circumstances,
mapping can be done confidently and efficiently. The study of topography is the most
important undertaking since all other sources of information can give only data on
avalanches that actually have occurred. Topography shows all the potential avalanche
areas, as well as those of avalanches which seldom occur whose scars have disappeared and
which have not been recorded in a chronicle or avalanche register.
The forest is important for avalanche defense, especially at the starting zone. Its effect
and importance with respect to the slide path and outrun area is often misunderstood.
Forest growing in the slide path can divert small avalanches and if conditions are
favorable, stop them. Recording small avalanches however for mapping purpose is useless.
We need to know the area of the large ones. These will sweep the forest away, and much
damage can be caused by the ram-effect of tree trunks carried down with the slide. The
four tree species which occur in our mountain areas are of (have their) specific meaning
for avalanche mapping. For example: avalanches seldom occur in areas forested with dense,
large and old stands or spruce (Picea excelsa), cembra pine (Pinus cembra) and mountain
pine (Pinus montana). On the other hand, caution must be exercised with scattered small
stands or small strips of these species remaining on ridges. They convey the impress ion
of being a closed barrier, which is, however, easily swept through by avalanches without
causing any damage to the stands. In summer, a deceptive picture is projected by the
shrub-like form of the mountain pine or dwarf pine. The dense and tall shrubs give the
impression of constituting an effective barrier against the release of slides. Such stands
are pressed to the ground in winter. Dwarf-pines escape damage even when swept by large
avalanches. The larch (Larix decidua) is very resistant to slides because of its tough
wood, its strong roots and its limberness in the sapling state etc. Trees ten meters tall
can be bent to the ground and be overrun without breaking. Such trees will regain their
erect position after the weight has been lifted. Similar observations can be made about
resistance to creep and glide of the total snow cover. An open and old stand of larch can
be swept by large avalanches without being damaged. More confusion is added by the fact
that in summer, these trees have needles and give the impression of a closed stand, which
is not true for winter when the needles are shed.
A forest is often scarred by avalanches. Stands of young trees of the same age which grow
on the edge of the avalanche path indicate that avalanches occasionally occupy a much
wider path. Trees without branches could have been growing at one time in the path of an
avalanche. Remains of forests swept or carried down by avalanches can be used for
avalanche mapping long after the snow has melted. These scars often show the extent of an
avalanche better than the snow that has been carried down, since new snow fall and wind
can obscure the latter. The forest is of additional importance with respect to
construction, which becomes apparent only with the development of the avalanche zoning
plan. Forested areas fall under different legal regulations. To build in the forest
requires the clearing of a wooded area. Even if the building enthusiast could use an open
area within a forest, it would be the equivalent of clearing, as is true of any claim to
forest lots which become temporarily or permanently changed. Since foresters and community
authorities of certain cantons may have no knowledge of this definite federal regulation,
all mountain forests should be declared off-limits for construction and mapped in red.
We know of avalanche evidence which the layman would not consider possible. The large
"Breitzug" avalanche that swept down in the area of Davos on January 26, 1968,
dislocated rocks with a diameter of up to 1.6m. The rocks were picked up from the bed of
the "Landwasser" and carried over a distance of 66m with an altitude difference
of 14m up the opposite slope. The slope was covered with fist- and head-sized stones. A
rock 9m long and 4m high can be found on the old Susten road, 500m behind the village of
Obermad. An attached plate contains the following inscription:
Nature Monument
protected by the state
On February 15, 1928, this rock
boulder, weighing approximately
200t, was lifted from the stream
bed by the pressure force of the
descending "Wanglaui"
and thrown to its present location.
The boulder was carried over a distance of 46m at an altitude difference up slope of about
5m. Such avalanche relics are preserved indefinitely and bear witness to the large forces
associated with avalanches. Ground avalanches generally carry with them a lot of dirt,
stones and vegetation which is preserved long after the snow has melted.
A classic example from Engelberger Valley shows how the air blast and parts of large
powder snow avalanches have an effect over long distances. From the area of the Wendenjoch
and the Firnalpli glacier, the Firnalpli avalanche plunges down into the valley of the
Engelbergeraa. The starting zone of this avalanche is large and measures about 150
hectares. The track is 2500m long, but slopes only 47t in the middle. The mountain
pasture, Herrenruti, is located opposite the avalanche slope on the other side of the
valley. Above, it is bordered by the forested area of the Spicherrain at the foot of the
Furrenhohfluh. Within the last few years, the dust avalanche has repeatedly crossed the
560m wide valley and uprooted entire patches of forest on the opposite slopes. It even
crossed the trench of the Aawasser, which is located in between the valley slopes and is
50m deeper than the destroyed forest areas. Strangely enough, buildings that were also
situated in between escaped damage, but the avalanche coated the walls facing it with a
hard layer of compacted snowdust. Through the years, avalanches have selectively uprooted
mostly stands of spruce, but left standing deciduous trees, such as maple, ash, and beech
which, defoliated, offer less exposed surface area.
It was mentioned in Chapter 1 that since 1955 a renewed effort has been made to compile a
Swiss avalanche cadaster. All observations made dealing with avalanches should be
recorded in this register. Avalanche slopes and avalanche areas in general should be
marked on zoning maps that are drawn to scales of 1:50'000 to 1:10'000. A thorough
description of every important avalanche should be attached. Such descriptions can be
supplemented by sketches and photos. The quality of the register is dependent on the
availability of topographic plans, and on the ability of researchers and local observers.
Its usefulness for avalanche zone planning will therefore vary. One must be aware that in
many cases, the register does not include much of the past, especially records of unusual
and extreme avalanches. But it is just these slides that are most important for avalanche
zone planning. It is regrettable that not much progress has been made in compiling a Swiss
avalanche cadaster, but some cantons and many communities have not yet been included in
the project. Summaries of avalanches which have caused accidents and damage, are published
since 1936/37 by the SLF Institute in yearly winter reports. These reports can also be
used as a source of information.
On-site inspection of the terrain offers one an opportunity of asking those who live and
work there what they have observed about avalanches. In formation given by laymen has to
be accepted with caution. However, farmers who live in mountain areas often recollect
clearly damage done to land, forests, living quarters and farm buildings remarkably far in
the past. Such knowledge is often the only criterion regarding past avalanche occurrence.
Avalanche events have also been recorded as part of history. While most pertinent
information must be collected laboriously from old calendars, palaeographs, community
records, local magazines and local history, some towns and communities have maintained an
avalanche chronicle of their own. Yet the historian was mostly interested in how many
people were killed, and how many homes were damaged, than in giving information on the
actual extent of the avalanche itself. But summary information in a chronicle can often
yield valuable contributions. For example: one would have been much better advised in
preparing the avalanche zoning map for the area of Egga Boden in Davos, if more weight had
been given to information found in a chronicle dealing with the avalanche on 3 March 1609,
rather than to recently observed avalanches.
Avalanche control structures in areas of avalanche zone planning must be examined to
determine their effectiveness. Most supporting structures built in the starting zone of
avalanches do not provide the necessary protection that was expected of them when
installed. Opinions concerning the effectiveness of such structures are frequently too
optimistic, but optimists are often desired in the realm of human relations. False
optimism used in engineering these structures can have fatal consequences, for which
several examples could be cited. Somewhat more caution and maybe more factual
knowledge--good examples excepted--would be useful in building avalanche control
structures. Proof of the effectiveness of supporting structures can often be obtained by
simply looking at the state of the reforestation below them. If no success is observed
with it, the control structures must be considered inadequate for that area. For many
people, this is a bitter pill to swallow, but it must be strongly emphasized here to
prevent future failures.
IV. Legal Aspects of Avalanche Zone Planning
It was pointed out in the chapter dealing with the historical aspect of avalanche zone
planning that the tremendous construction developments in some tourist resorts have
created new problems for the building commissions. An example is the protection of the
population against avalanche danger. Under the pressure of necessity, certain communities
established avalanche zoning. When efforts were made to prohibit construction in these
zones, the interests of the landowners clashed strongly with the interests of the
communities. On one hand was the carefully guarded private ownership of the individual; on
the other, the public-legal obligation of the community authorities to interfere and
prevent disaster. Now the fact that a person might be willing to chance a dangerous
situation will, according to existing law, not justify any action by police. Buildings in
danger from avalanches, however, extend beyond the private interests of the builder,
owner, and renters and become a matter of public concern. Even though these words
are often used, a legally unambiguous interpretation of them is difficult. Not every
constraint against economic advantages is in the public interest, but such an interest can
be assumed in the case of avalanche zoning.
Occupation of a building presently implies the unquestionable assumption of the right to
use public services: mail delivery, snow removal, fire department, police department,
repairs by the telephone company, by the power and light company, the water department and
many others. The danger present might also effect others: the milkman, the doctor and
residents' children on their way to school. Should an accident happen, the rescue team
would also be endangered. Famous resorts claim that avalanche disasters would damage their
reputations. Buildings located in avalanche zones become a matter of great public concern,
especially if the building of protective structures is later required. According to Art.
32, Paragraph 2 of the Executive Ordinance of the Federal Forest Law, no federal aid is
given to build these structures. Such a case, although not clear, has already happened.
Since 1952, many vacation houses have been built among several older buildings which are
located in an avalanche area. The builders had been warned, then a disaster happened.
Because of the older buildings, financial assistance should have been received, but
payment could have been withheld, since warnings concerning the construction of the newer
buildings had been disregarded. The Federal Government would not make the decision to
withhold assistance and for many possible reasons, financial aid was given to build
defense structures. These examples illustrate that even simple rules can lead to
conflicts.
The expert opinion of Crespi was mentioned in the first chapter. It is based on a
dissertation which analyzes the definition of "liberal police." Voigt defines
police as follows: "Law enforcement is a purely defensive institution, founded to
prevent danger in the areas of interior affairs by limiting freedom and ownership of
citizens in the general interest of people, insofar as this is considered necessary to the
maintenance of public security and order." Voigt explains further: "This formula
gives in practice only summary information on how far police duties should be carried. It
is to tally dependent on the interpretation given to the terms 'general interest,' 'public
safety' and 'public order.' The police authorities in the Federation and in the cantons
base their authority on a general interpretation of police functions contained in the
general clause, especially if their interference is necessary in the public interest, but
cannot be based on a police ordinance. In an area not covered by law, the general clause
is considered a prescriptive law."
This prescriptive law is ancient in origin. The police have always been directed by the
administrators of public-legal bodies. In today's Confederation, to administer local
police is a function of the political community and community council. The construction
police are a branch of the local police. It has been laid down in the individual
constitutions of the cantons, that it is the responsibility of the community agencies to
deal with public safety and order. Their specific duties are regulated by community law,
if one exists. To illustrate, the following is repeated here:
Canton Zurich, the Law of June 6, 1926, concerning community affairs, paragraph 74:
"In addition to duties specified by other laws, the community authorities must
especially regulate local police power. They must enforce laws against public disturbances
and uphold order. They are responsible for the safety of the citizens and their property
against every kind of danger and damage, and must take all necessary precautions to see
that duties of the local police are properly executed in all administrative areas."
Canton Berne, the Law of December 9, 1917, concerning community affairs, Art. 2, states:
"The community must regulate the local police (security force, right of domicile,
street and building police, field police, fire police, industrial police, resident
regulations, health authorities, fire department, rural and forest guard, care for the
injured persons and for strangers that are helpless and sick, etc.)." A decree from
January 27, 1920, concerning the local police, paragraph 1: "The local police are an
executive branch of the public ad ministration within the limits of the community and
responsible for upholding order and guaranteeing safety against disturbances and dangers
brought about by living beings or events." -- "Also, when specific regulations
do not exist for certain cases or when instructions given by the appropriate authorities
are not available in time, the local police authorities must decide on appropriate
measures themselves," (paragraph 5).
Canton St. Gall, Organization Law from December 29, 1947, Art. 52-54: "It is the
responsibility of the community council to guarantee safety for citizens and property
against any kind of damage or danger, and to uphold order and prevent public disturbance.
The community council, acting as the local building police authorities, should prevent or
eliminate any hazard associated with buildings, since such hazards might be dangerous to
public safety and order."
As we see it, not only has the local police the right, but also the duty to interfere in
careless and negligent building, especially if it is dangerous to the residents and if it
is not in the public interest. Voigt cites two examples: the Glarner administrative
adviser ordered the evacuation of endangered homes, when it became evident that part of
the "Kilch enstock" would slide. The police prohibit skating on the only
partially frozen Zurich Lake, since the skater not only jeopardizes his own life, but also
the lives of possible rescuers and therefore disturbs the public order.
The liberal-democratic state, however, limits police power to protect its citizens from
its misuse. Objections against the restriction of construction have been raised on this
basis. It is argued that the construction of a home in an avalanche area does not
represent immediate danger to public safety and order. On closer analysis, it becomes
clear that the true nature of avalanche danger is not recognized in such an argument.
Avalanche danger can only be minimized by the use of preventive measures and according to
presently existing legal interpretations, such measures are within legal limits. According
to Voigt, the following reasons were given by Hatschek: "Should we wait until the
lawmaker declares certain aspects of human activity illegal? If so, then the police would
always be too late to prevent disaster. It also would be very difficult for the lawmaker
to establish norms for regulating police power, if the police would not occasionally use
power where no regulations exist." Can the construction of a home in an avalanche
zone be considered as illegal? By searching through lawbooks, I could find the avalanche
zone only once. In this instance, the question was debated, "Against whom should the
police act in case of a natural catastrophe?" Muller gives the following example:
"Let us imagine the poor mountain farmer from whose mountain pastures rockslides and
avalanches endanger the traffic routes below. Here certainly exists an illegal condition
of property which should be prevented by the police, if the means could be found to do
so." Muller's investigations clearly showed that the local police has the right to
intervene. First, we cite an older document: "The police are a public-governmental
institution within the state. It is the arm of justice which is responsible for the
maintenance of law and order. It must continuously and systematically observe all existing
conditions and events, which relate to the order of things. It also must prevent any
threat to law and order that is in the making, regardless of whether these threats are
released by the forces of nature or if they are a result of human activities." Law
experts, who do not understand the nature of avalanche danger, have depended mostly on
Federal Court interpretations of police duties, where the word "immediate" is
stressed. The following re marks are cited from Muller: "Serious danger, which is
immediate, and obviously directed against the lawful execution of executive power or in
public against the legal rights of people, such as their lives, their health, and their
property should, according to circumstances and with the use of appropriate methods which
are directed against the cause of danger, be prevented. In Switzerland, this should be the
unquestionable and basic police duty of the state, which must be executed even if the
appropriate laws do not exist." The author of this cumbersome statement probably had
in mind a comprehensive definition of police duties, in case of police intervention. The
defense against danger caused by natural events, which has not been included in this
definition, should be part of such a general interpretation. It is clear that the presence
of "immediate danger" cannot be required in this case, since without the
preventive activities of the police, avalanche control would be ineffective.
The question of who is authorized to compile avalanche zoning maps must now be
discussed. We have seen that as a rule, the community council executes the duties of the
building police. It not only can, but also must interfere in the case of careless building
in an avalanche zone. The preliminary surveys for the building police is done by a special
commission, whose members also include construction experts. This building commission
must be prepared to handle all construction requests for areas with avalanche slopes. Most
mountain communities have avalanche areas, for which zoning maps should be worked out as
soon as possible, since the probability exists that they might be claimed in the future
for building sites or tourist areas.
The designation, avalanche zoning "plan" can lead to confusion. The word
"plan" can basically mean two different things: It can be a technical draft or
the plan of a site and express a definite condition; or it can be a planning tool or an
expression of what is intended. It must be emphatically stated that an avalanche zoning
map has little or nothing to do with a planning right, but that it is an expression of a
long existing state of affairs. Possible public-legal restrictions of the use of property
are not a consequence of this map, but existed undiscovered long before. It is argued that
on sites which are endangered by avalanches, construction cannot be categorically
prohibited without the proper special-legal authorization; just as if such construction
restrictions had not existed long before. Even if an avalanche zoning map does not exist,
an avalanche area should not be sold by its owner as a potential building site. A police
action does not initiate the limited use of property. Such a restriction is in existence
before the action is taken. In summary: Restricting construction in an avalanche zone is
not determined by avalanche zoning maps, but is a consequence of existing natural law.
Therefore, avalanche zone planning is not a planning rights institution. Where the use of
property is limited as a result of true planning, a thorough investigation concerning its
legality is appropriate. The Federal Court practice of asking for the appropriate legal
argument in this case must be recommended.
In this connection, it can be said that the Federal Building Law of the West German
Republic is more rigorous. To control building activities outside closed settlements,
paragraph 35 states that building is fundamentally prohibited in the remote areas. Estermann
writes: "It is significant that according to German Law, construction projects in the
remote areas are not permitted if funds have to be spent uneconomically on streets and
other traffic installation, for sewer systems and supply installations, for safety,
health, and other public necessities. This is independent of whether or not the community
has to carry the financial burden for these projects. Construction of week-end cabins
is also considered undesirable building and therefore not permitted."
However, we do not have a federal building law. The Swiss "Zivilgesetz buch"
(ZGB) (civil code) demands that the cantons regulate their own building rights, either
with appropriate special laws or in the law supplementing the ZGB. The will of the
lawmakers is expressed in the ZGB Art. 702, which states that the cantons and communities
should have the right to limit the use of property in the public interest. That a public
interest exists has been proven. It is easy to understand that the use of property in
avalanche areas is limited, a fact which should not need any further proof. We do not seek
to discuss further here whether the subject of avalanche zoning should be mentioned in the
legislature in order to achieve legal status for it. It would be easy to show that this
subject was in part simply forgotten.
The opinion of the Federal Court and that of Crespi agree that avalanche zone planning
should be incorporated into the law. This opinion, however, does not mean that the
drafting of an avalanche zoning map is prohibited under present conditions. Such a map is
at first only a technical tool used by the building police, and has no legal
status. It serves only as a guide for the building commission. It helps them to speed up
decision-making and to rationalize their activities. It does not prohibit construction.
This is in every single case decided by the building authorities. These temporary
difficulties and the lack of an appropriate law should not, under any circumstances, delay
the authorities of mountain communities from immediately commissioning an avalanche zoning
map.
Such maps already are of great practical importance. They provide fundamental information
which is used as a guideline by the Elemental Damage Claims Insurance. This institution,
which for example, is a public one in the cantons of Berne, Nidwalden, Glarus, Fribourg,
St. Gall, the Grisons and Vaud, can exercise a definite influence against careless
building. An additional influence can be exercised against inadmissible building projects
by the community authorities in withholding connections to public utility facilities.
Now the question has to be examined if building restrictions resulting from avalanche
danger are subject to compensation claims by the property owner. This has been
categorically denied by qualified opinions. A memorandum to the expert opinion of Crespi
states: "Compensation is only justified when, through building restriction, proper
use and utilization of ground cannot be maintained. This is not the case here, since by
restricting building no new situation has been created but an already existing danger has
been officially recognized and confirmed." The expert opinion of Imboden states:
"When it is justifiable to prevent property from being used because of avalanche
danger, no compensation is permissible. This is valid even if presently, building site
prices would be paid for the property." The legal opinion of today can be even
further extended. Estermann cites the opinion of Liver: "Since agricultural areas are
meant to be used for agriculture and not for construction, no compensation must be paid
for building restrictions on agricultural soil." Studeli and Jost are also of the
opinion that the restriction of construction in rural areas unfit for construction should
not be compensated. The guidelines of the ORL Institute are also in agreement with this:
"Prohibition of building in the interest of safety against the natural elements must
not be compensated."
Of the 12 mountain cantons, only four mention avalanche zones in their special
legislation. Surprisingly enough, it is also missing from the newer laws of four other cantons.
It must be assumed that the guidelines prepared 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."
Especially important is the new Art. 22quater of the Federal Constitution which
reads as follows: "The Confederation will decree basic regulations on land planning.
These will serve the cantons to guarantee an appropriate use and settlement of the land.
The Confederation promotes and coordinates the attempts of the cantons and works together
with them."
V. Form and Content of the Avalanche Zoning Plan
The general plan for the register of land property at a scale of 1:10'000 is
best suited for avalanche zone mapping. One to several sheets of that plan showing the
different levels of danger is the technical basis for an avalanche zoning plan. These
different levels are indicated with colors red, blue and white.
With red are indicated areas swept more or less frequently by avalanches or which
after the topography must be considered as highly potential avalanche areas. Such areas
normally cannot be used as building sites because avalanches occur too frequently
or are too powerful. We consider one avalanche in 30 years or an avalanche pressure of 3.0
tons per meter square (t/m2) or more as prohibitive.
The endangered area cannot exactly be deliminated. Avalanche activity gradually diminishes
from the center toward the edges. In practice a transition zone colored in blue
is put in between the area of manifest danger and that which is unquestionably safe.
Danger is not as big to justify a total suppression of construction. However, a reduced
hazard has to be taken into account when future damages and accidents shall be avoided.
Blue areas can be used for building purpose only by observing certain restrictions. A
reduced impact force of less than 3.0 t/m2 of a "normal" avalanche which occurs
at least once in 30 years has to be expected. Moreover this area can be swept by big and
powerful avalanches as a result of extraordinary weather conditions. Such conditions
however are seldom. For those cases an evacuation of the blue zone is provided.
Local steep slopes where gliding is pronounced are also colored in blue.
Areas on which every risk resulting from snow and snow avalanches can be excluded are left
white.
The avalanche zone map will become part of eventual local extension and alignment plans.
In this respect, the existing graphical representations are not satisfactory. Red is used
in construction plans only for housing development areas. Blue is reserved for water
surfaces. It has to be determined if the color used for graphic representation in future
avalanche zoning plans should be in accordance with the color used for graphic
representation in general. For example: yellow-green with the designation AZ (Avalanche
Zone) or DZ (Danger Zone) could be used for the hitherto "red zone" and cinnabar
with the designation AZ for the hitherto "blue zone." The building authorities
must now interpret and modify this plan with respect to building specifications. They, not
the plan researcher, are responsible for a final zoning plan. The different construction
zones must now be coordinated with the corresponding danger zones. This procedure will be
explained with examples. Let us assume that the avalanche zoning map indicates a small and
safe area, which, from the village, can only be reached by crossing dangerous avalanche
slopes. This area, being safe from avalanche danger, could be used for construction
purposes. However, since the access route is dangerous, a risk exists not only for the
residents but also for the public. In such a case, the building authorities will declare
the area unsafe, or at least a blue zone area. Or a community may have sufficient building
sites, but its ski runs and ski exercise areas which, are partly located in the blue zone,
are endangered by building projects. It is obvious that such conditionally dangerous areas
should be more heavily taxed and zoned against construction. This should be done for two
reasons. First, the risk implied for buildings will be totally eliminated and, secondly,
the terrain will be preserved for skiing. Such political considerations can modify the
avalanche zoning map to a certain degree.
It is now necessary to incorporate these zones into land register plans of larger scales.
The newer survey plans with a scale of 1:10'000 do not show property limits. However, it
is necessary for the practical use of the zoning plans, that the location of every single
parcel is clearly shown, relative to the different zones. The scales 1:1,000 to 1:5,000
are especially suitable for this purpose. Depending on how a parcel is divided by a border
line, it will be assigned to one or the other zone, according to its size and location.
Now it will be possible to determine building specifications for the different zones.
These will prohibit construction in zones unfit for development. Definitions, however, are
necessary. For example: building restrictions could not be applied to the construction of
underground structures such as water reservoirs, or to temporary buildings used only in
summer. It might also be permissible to allow farm buildings such as haylofts and summer
stables, which are protected by avalanche control structures. On the other hand buildings
connected with big traffic or gathering of people such as hotels and schools might be
excluded from the blue zone.
The zone of transition, especially if it is broad, can be divided into smaller sections.
This can be done by distinguishing between more and less endangered areas. It would be
illogical to require building reinforcements to have the same load capacity on the edge of
the "red zone" as on the edge of the "white zone." Therefore,
avalanche pressure bands with ranges from 3.0 to 2.0 t/m2, 2.0 to 1.0 t/m2
and 1.0 to 0.0 t/m2 can be provided. Eventually, a plan for evacuation must be
drawn for the transition zone. The right to effect evacuation must also be contained in
the regulations of the avalanche zoning plan. In practice the community authorities can
only achieve an evacuation with the help of an Avalanche Warning Service. It has to give
the technical advices. Therefore, such a communal service has to be provided necessarily
for every settlement having "blue zones." As can be seen, the transition zone
(blue zone) occupies a special position. A comment must be made now, which could have
already been mentioned in the chapter dealing with legal aspects. Because property rights
should be protected as much as possible, the federal judicial practice requires an
unquestionable legal foundation in order to effect general building restrictions or
building limitations which must be evoked as a result of avalanche danger. It is the
transition zone that leads to problems and which makes it difficult to arrive at decisions
that satisfy public and private interests. It is inherent in the peculiarities of
avalanches, especially the ones that occur at greater time intervals, that their extent
and therefore their potential to do damage, can only be estimated. Therefore, small errors
can be introduced even by qualified plan researchers, since no one is in the position to
state objectively what exactly will happen. Such a possibility should not be a reason to
decide in case of doubt in favor of the landowners since this could result in a decision
which is neglecting the appropriate safety requirement. We should be aware that a wrong
decision can have catastrophic consequences.
Another, and to my knowledge still unsolved, problem has been introduced by Schwarz at a
convention of the Working Group for avalanche defenses. He asked the following question:
"Is the federation ready to subsidize control measures in favor of
avalanche-endangered "blue zones?" The answer of the Federal Forest Inspector
was that a generally valid answer could not be given at this time.
The Federal Land Register is an excellent tool to assure safety in property transaction.
The results of avalanche zone planning should also be incorporated into the Land
Register. Unless this is done, the possibilities available through the Land Register
and the pertinent plans cannot be fully exploited. The "Instruction for the
Demarcation and Parcel Survey" from June 10, 1919, states in Art. 28, Lit.g, that in
a survey, objects such as rockslides, avalanche slopes, cliffs, scree slopes, and
landslides should be recorded. One of the most important aspects of property
description in avalanche areas is the stipulation that the property might be
endangered by avalanches. Moreover, interested buyers should be alerted to the danger by
an annotation; it can then be assumed that everyone is aware of avalanche danger.
The objection that someone might have no knowledge of it is virtually impossible. The
annotation also offers assurance that claims appearing later for public money for control
structures (Executive ordinance to the Federal Forest Law, Art. 32, paragraph 2) can be
turned down.
Through the Land Register, the Avalanche Zoning Plan also obtains a status of
private-legal importance, in addition to the prominent public interest. As a result, the
safety in property transactions is increased to the great satisfaction of honest property
speculators, but to the disadvantage of irresponsible speculators. Much argument could
have been prevented if the buyers, mostly strangers to the locality, could have had access
to neutral information before signing a contract. Such information could have provided him
with knowledge about the location of the property with respect to avalanche danger, and
danger from natural elements in general. The Land Register can give the avalanche zoning
plan the necessary publicity.
Another private-legal aspect of avalanche zone planning is the obligation right (OR). In
part, irresponsible property sales have been made by selling building sites in
avalanche-endangered areas to credulous buyers. How well the seller was informed about the
danger would be in most cases impossible to determine. According to Art. 197 OR, the
seller is legally responsible to the buyer, for the qualities assured by him for the
object of sale. This holds true, even if the transaction is not recorded, since it is
assumed that the buyer acquires a "building site" with the intention of actually
using it for construction purposes. Art. 197 is not only valid for buying movable goods,
since according to Art. 221 OR, the regulations dealing with the buying of movable goods
can also be applied to buying of property. The cheated buyer would then have, according to
the principle of acceptance of responsibility, the right to ask the former owner for
reparations.