Biotopes of national importance in Switzerland

The biotopes of national importance are particularly valuable biotopes. They are often ecosystems under threat and require specific protection. In addition to their value, the biotopes must be “sufficiently extensive habitats”, to be of national importance, but the actual size varies with the needs and the mobility of the species present.

The type of protection, measures and obligations vary from one biotope to another and provide made-to-measure standards that vary from the general standards. The following five categories of biotopes of national importance are distinguished: peat bog and transitional moors, low-level moors, floodplain areas, amphibian spawning areas, dry meadows and pastures.

Legal basis of biotope protection

In Switzerland, biotope protection is regulated by Art. 18 NCHA (Federal Act on the Protection of Nature and Cultural Heritage), more specifically by Art. 18a NCHA on biotopes of national importance. This article is part of the section on protecting fauna and flora (Art. 18 - 23, NCHA). It aims to protect species by preserving their habitats, and considers biotopes to be objects worthy of conservation. It protects high-value biotopes that are often biodiversity hotspots and hosts endangered species. Article 18a NCHA determines what is to designate biotopes of national importance, and establishes the conservation objectives for these areas. Further, it defines the responsibilities and tasks of the Federal government and the cantons. Therefore, Art. 18a NCHA does not make substantive statements, but rather serves as a delegation provision and is the legal basis for orders issued by the Federal government and cantons. Since 1987, it is the basis of inventory of biotopes of national importance.

History of the legal basis

The first regulation on biotope protection was in Art. 18 NCHA. Adopted in 1966 and enforced in 1967, it was the first article recognizing the value of biotopes in addition to the need for protection of flora and fauna. The Article 18 has evolved into four paragraphs. Finally, Article 18a NCHA is part of the indirect counterproposal to the "Rothenthurm Initiative" and is based on Article 78 Paragraph 4 of the Federal Constitution.

Legal definition

The meaning of a biotope in law differs from its biological definition. Lawyers consider it a “sufficiently extensive habitat” for animal or plant species (Art. 18 Paragraph 1, NCHA).

Inventory of biotopes of national importance

The protection of biotopes of national importance is based on a list of biotopes of great worth. The reasons of an inscription on that inventory can be various, but are all linked to high ecological values :

High value for biodiversity (ex. hosting threaten species)
Fallback area
Role of connector
Rare or threatened habitat
Role in the environmental equilibrium

Their importance can therefore be defined as its own biological importance, its place in a trophic network, its importance for a species or biodiversity.

Responsibilities

Disagreements

References

^ L. 451(NCHA), 1 July 1966 (Status as of 1 January 2022), on the Protection of Nature and Cultural Heritage, Art. 18a, Biotopes of national importance, https://www.fedlex.admin.ch/eli/cc/1966/1637_1694_1679/en#art_18_a
^ OFEV, Office fédéral de l'environnement. "Biotopes d'importance nationale". www.bafu.admin.ch (in French). Retrieved 2024-05-14.
Sidi-Ali, Karin (2008). La protection des biotopes en droit suisse: étude de droit matériel. Schriftenreihe zum Umweltrecht. Genève: Schulthess. p. 20. ISBN 978-3-7255-5773-8.
Sidi-Ali, Karin (2008). La protection des biotopes en droit suisse: étude de droit matériel. Schriftenreihe zum Umweltrecht. Genève: Schulthess. pp. 20, 109. ISBN 978-3-7255-5773-8.