Interreg Alpine Space project „OpenSpaceAlps“ Workpackage T1: Spatial Planning Governance Check and Guidance Activity A.T1.2: Knowledge support in working on transnational case study areas, national and transnational activities

Presentation of proposed methods and planning approaches for transnational case study areas Deliverable D.T1.2.1

Constantin Meyer M.Sc. Würzburg, July 2020

Table of Contents

1 Introduction ...... 1

2 Presentation and comparative analysis of selected planning approaches ...... 3 2.1 Specifically designated areas (designated open land) ...... 5 2.2 Special concepts on limiting disturbing infrastructures ...... 15 2.3 Supra local zoning approaches ...... 21 2.4 Regional spatial plans ...... 23

3 Discussion and proposal of transferable components ...... 30

4 Conclusion ...... 34

References ...... 35

Presentation of proposed methods and planning approaches for transnational case study areas D.T1.2.1

List of Tables Tab. 1: Comparative summary of the central characteristics and potentially transferable components of the presented spatial planning instruments ...... 33

List of Figures Fig. 1: Guiding open space planning principles for the demand and supply approach ...... 2 Fig. 2: Legal competences in spatial planning, relevant to the safeguarding of alpine open spaces ...... 4 Fig 3: Distribution of protected areas in the federal state of Tyrol (Austria) (Quiet Areas are displayed in yellow) ...... 6 Fig. 4: General orientation (Räumlich-funktionales Leitbild) of the Tennengau regional development programme (Alpine Quiet Areas are displayed in blue) ...... 4 Fig. 5: Examples of ecological corridors in the Oberpinzgau region near Mittersill (Salzburg, Austria) (corridors are displayed by green shading) ...... 6 Fig. 6: Distribution of the Vorarlberg State Green Zone in the Rhine Valley and Walgau region (displayed in green)...... 8 Fig. 7: Distribution of Agricultural Provision Areas near Lienz in the federal state of Tyrol (displayed in green) ...... 10 Fig. 8: Distribution of the total amount of Crop Rotation Areas among the Swiss cantons ...... 12 Fig. 9: Potential extension/connection (defined by the purple line) of the existing Pitztal and Ötztal glacier ski areas (appendix 2 of the Glacier Protection Programme) ...... 14 Fig. 10: Example of ski zone delimitations in the Obervinschgau region near Reschensee Lake (ski zones are displayed beige-colored, ski slopes in purple and lift facilities as red/purple lines) ...... 20 Fig. 11: Zoning of the Alpenplan in the eastern part of the Bavarian Alps (Zone A=yellow, Zone B=green, Zone C=red) ...... 22 Fig. 12: Selected area-based components of the Wallis/Valais Cantonal Structure Plan, exemplified in a section of the upper Rhone valley near Oberwald (protected agricultural zones displayed in light brown, ecological corridors dis-played in light green, residential and labour zones as part of the building zones displayed in red and purple) ...... 24 Fig. 13: Elements of the Green and Blue Frame (Trame Verte et Bleue) in the Haute-Savoie Département near Charmo-nix-Mont-Blanc ...... 27 Fig. 14: Section of the Regional Ecological Network in the northeastern part of the Friuli Venezia Giulia region ...... 29

Presentation of proposed methods and planning approaches for transnational case study areas D.T1.2.1

1 Introduction

In order to elaborate this comparative report on proposed methods and planning approaches in open space planning, it is necessary to discuss some theoretical and conceptual implications from the research field of comparative planning studies. There has been long-standing distinctive interest in the comparison of European planning systems, represented e.g. by publications such as the EU Compendium of European Spatial Planning Systems and Policies (Commission of the European Communities 1997) and many other outputs of research projects in the following decades. The comparative characterization of planning systems faces various methodological challenges, including potential problems of the discrepancy of linguistic and conceptual equivalence, biased approaches based only on country-specific knowledge (e.g. for concepts such as “zoning” or “structure plans”) as well as the high complexity and diversity of sub-national competences in spatial planning (cf. NADIN & STEAD 2013). It is obvious that this rather short report, that aims to compare open space planning approaches and to identify transferable elements of those planning instruments, is not suitable for an in-depth analysis of local or regional planning cultures, as it is done mainly as a desk research. In addition to that, it is necessary to look at the notion of policy transfer in spatial planning research, which is highly influenced by the concept of “best practice”. We agree with STEAD (2012), who criticises the common assumption of best practices being equally applicable and effective in another institutional setting, and emphasizes the importance to differentiate between various components of “best prac-tice” according to the extent to these can be transferred. This requires more detailed examinations of the transferability of spatial planning methods, techniques, operating rules, instruments and pro-grams (cf. STEAD 2012). For this reason, the report is divided into two separate parts. While we present, discuss and catego- rize selected planning instruments in chapter 2 without analysing their transferability, the focus of chapter 3 is to extract and discuss transferable elements of the specific methods for the delimitation and safeguarding of open spaces. For the assessment of the transferability of certain planning methods and techniques, it is important to understand the legal and organisational foundations of the respective planning systems. Therefore, there is a short comparative introduction on the coun- tries’ spatial planning systems at the beginning of the second chapter. Open space planning approaches can differ substantially according to their specific objectives and methodologies. This is mainly due to the fact that there are manifold open space functions and pur- poses that need to be taken into consideration. According to MARUANI and AMIT-COHEN (2007), those can be summarized in two main categories: a demand approach that reflects the anthropo-genic demand for open spaces (e.g. for recreation purposes) and a supply approach that is oriented towards the specific natural features of open spaces (e.g. conservation of flora and fauna habitats). This differentiation also influences the guiding planning principles with regard to site selection, quantitative measures, types of (permissible) activities and site design (see Fig. 1). Without ne- glecting the role of open spaces as e.g. recreational areas close to residential areas, the open space definition of the OpenSpaceAlps project (areas kept free from built-up sites as well as tech-nical infrastructures) is more strongly influenced by the supply approach in open space planning.

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Fig. 1: Guiding open space planning principles for the demand and supply approach

Source: MARUANI & AMIT-COHEN 2007: 4

The selection of documents is based on the catalogue on current planning approaches (D.T1.1.2) and assessments/ recommendations by the OpenSpaceAlps project partners and observers. Out of the catalogue on current planning approaches only instruments on supra-local administrative levels were selected. The planning documents relevant to this report were analysed using four different categories in order to structure their contents. The relevant text segments were marked and extracted for the purpose of comparison and interpretation. Those four structuring categories of the document analysis are: . motivation and objectives of steering spatial development . specific subject matter addressed by the planning instrument . methodology of spatial assignment and delimitation . legal foundations and enforcement

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2 Presentation and comparative analysis of selected planning approaches

Before the presentation of selected planning approaches, we want to give a short overview of the different alpine planning systems and their implications towards the safeguarding of open spaces. Besides the sources used in D.T1.1.2 (catalogue), such as e.g. the OECD Land-use Planning Systems, Country Fact Sheets1 as well as our own research in the OpenSpaceAlps project, there are also other sources of knowledge about the comparison of European planning systems, most recently the results of the ESPON project COMPASS2. The classification of legal competences in spatial planning which are relevant to the safeguarding of alpine open spaces on different administrative levels (see Fig. 2) solely draws on regulatory and strategic instruments and does not include e.g. non-binding visionary documents or concepts. It must also be noted that the classification of administrative levels differs among the alpine countries according to the specific state structure. This is most obvious for the varying term “region” that covers e.g. large areas in France or Italy with competences in different policy fields, while planning regions in Germany, which were specifically created for spatial planning purposes below the federal state level, are much smaller and represent a spatial planning association of different municipalities and local/regional authorities. Figure 2 shows the resulting comparison as an overview. Out of the seven displayed countries3 only Switzerland, Slovenia and Liechtenstein feature relevant spatial planning competences at the national level. In those countries, where federal states exist (Germany, Austria and Switzerland), they all have competences for planning as well as legislation. The Regions as well as autonomous provinces especially play an important role in Italy and France. In contrast to this, planning regions in Germany and Austria are rather small and represent regional planning associations that elaborate Regional Plans. In Slovenia, the elaboration of Regional Spatial Plans is intended by the spatial planning law but not implemented so far. The level of metropolitan regions/ agglomerations exists only in France and Italy, featuring the instruments SCoT (France) and Metropolitan Strategic Plan (Italy). In all alpine countries, the municipalities (or compulsory intermunicipal cooperations) are in charge of local (land-use) planning, even in the Principality of Liechtenstein with its eleven municipalities.

1 https://www.oecd.org/publications/land-use-planning-systems-in-the-oecd-9789264268579-en.htm

2 COMPASS - Comparative Analysis of Territorial Governance and Spatial Planning Systems in Europe (https://www.espon.eu/planning-systems)

3 Although it is a contracting party of the Alpine Convention, we did not include Monaco because of its small size and urbanized character.

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Legal competences in spatial planning, relevant to the Germany Austria Switzerland France Italy Slovenia Liechtenstein safeguarding of alpine open spaces

national x x x

federal state/ x x x cantonal

regional/ x x x x (x) provincial

agglomeration/ x x metropolitan

(inter-)municipal x x x x x x x

Fig. 2: Legal competences in spatial planning, relevant to the safeguarding of alpine open spaces

Source: OpenSpaceAlps project, based on OECD 2017 and NADIN et al. 2018

The selected planning approaches that are being analysed in this report can be categorized into a set of groups in order to facilitate the understanding. The following sub-chapters represent these groups. Not all suitable planning approaches for the safeguarding of alpine open spaces fit into this categorization, but the selection covers the most important instruments for this analysis with an emphasis on identifying transferable elements/ planning practices. It may happen that certain instruments listed in separate categories are originally a component of superior planning documents (e.g. regional/state spatial plans/development programmes), but they are discussed separately because of their exceptional importance. Moreover, it is sometimes difficult to distinguish between spatial and sectoral planning approaches. Therefore, e.g. Tyrolean Quiet Ares (Ruhegebiete), which are based on nature protection state law, are presented in a separate chapter together with similar approaches for the designation of specific open space land uses. The instruments presented in subchapter 2.1 are considered planning approaches that designate areas, which are either reserved for specific open space land use (e.g. agriculture, recreation) or kept free from specific developments. The instruments of subchapter 2.2 are associated with the regulation of several kinds of infrastructures that impose direct (e.g. land take and habitat loss) and direct (e.g. landscape fragmentation) risks to the sustainable development of open spaces. These comprise e.g. roads, railways or power supply lines. However, cable cars and ski lifts represent the most prominent examples of “disturbing” infrastructures, which enable the accessibility of large (previously undeveloped or less developed) areas for a considerable amount of people. They are also associated with major land take, hydrological modifications and soil removal for e.g. water storage basins or access/construction roads in ecological sensitive mountain areas (cf. Pintaldi et al. 2017: 3f.). Furthermore, subchapter 2.3 only comprises the Bavarian Alpenplan since it represents the only known relevant supra-local/supra-regional zoning approach with relevance to the safeguarding of

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alpine open spaces. Subchapter 2.4 features a selection of three Regional Spatial Plans/Programmes from Switzerland, France and Italy. Although Regional Spatial Plans are generally extensive and comprehensive planning documents that deal with a wide range of spatial development topics, the analysis is focused on selected tools for open space planning.

2.1 Specifically designated areas (designated open land)

Planning Quiet Areas (Ruhegebiete) instrument area of Federal state of Tyrol, Austria (Land Tirol) application motivation and The aim of quiet areas is nature protection as well as the preservation of spaces for outdoor recreation in open objectives nature (cf. Amt der Tiroler Landesregierung 2020). Areas outside settlement areas which are particularly suitable for outdoor recreation because they are

characterised by a high degree of quietness due to the absence of noisy businesses, cableways for passenger subject matter transport and public roads, if the preservation of these areas is of particular importance for recreation (cf. §11 addressed (1) TNSchG 2005) Quiet Areas were proposed for the first time in 1972/73 in the Landscape Plan of the Tyrolean Forestry Authority but remained an informal instrument until the formal implementation into the Tyrolean Nature Conservation Act in 1975. There are several examples where Quiet Areas were drawn directly on the external borders of ski areas assignment and roads, which made them a steering instrument for setting final limits to ski areas (cf. NISCHIK et al. 2019: 29). and From an evolutionary point of view, the designation of Quiet Areas can be considered as a response to the delimitation intense development of (touristic) infrastructures (ski areas, roads, hydroelectric power plants). The main focus of this approach, that was jointly developed by the federal state government and the Austrian Alpine Club (ÖAV) was to preserve large-scale undeveloped landscape entities (cf. BRAUN et al. 2018). The designation of Quiet Areas (Ruhegebiete) is based on the Tyrolean Nature Conservation Act (§ 11 TNSchG 2005). It authorizes the Tyrolean State Government to enact binding legal ordinances on Quiet Areas. In Quiet Areas the following (construction) measures and activities are prohibited (cf. § 11 (2) TNSchG 2005): - noisy businesses - cableways for passenger transport - public roads

- any kind of considerable noise emissions (except for the construction of approved renewable energy legal measures) foundations - landings or take-offs of powered aircraft (several justified exceptions) and In Quiet Areas the following (construction) measures and activities require a permission under nature enforcement conservation law (naturschutzrechtliche Bewilligung) (cf. § 11 (3) TNSchG 2005): - other kinds of constructions if they are not regulated by the previous criteria - extension, removal etc. of roads if they are not regulated by the previous criteria - construction of certain power supply lines - earth excavation and deposits outside of built-up real estate - use of motor vehicles Quiet Areas can be considered a stable and effective instrument for the safeguarding of open spaces by summary preventing technical infrastructure development. However some districts (and therefore important parts of the assessment overall cultural landscape) of Tyrol do not yet feature Quiet Area designations (cf. JOB et al. 2017: 70). Tyrolean Nature Conservation Act (Tiroler Naturschutzgesetz 2005 – TNSchG 2005) + legal ordinances of documents individual quiet areas Fig. 3 shows the distribution of Quiet Areas (displayed in yellow) together with other kinds of protected areas in map Tyrol. The largest among them are “Zillertaler- und Tuxer Hauptkamm” (~421km²), “Ötztaler Alpen” (~405 km²) and “Stubaier Alpen” (~349 km²)

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Fig 3: Distribution of protected areas in the federal state of Tyrol (Austria) (Quiet Areas are displayed in yellow) Source: tirisMaps, Amt der Tiroler Landesregierung 2020

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Planning Alpine Quiet Areas (Alpine Ruhezonen) instrument area of Federal State of Salzburg, Austria (Land Salzburg) application Tennengau regional planning association (Regionalverband Tennengau) Alpine Quiet Areas aim at preventing undeveloped areas outside of permanent settlement space from further development of technical infrastructure. The aim is not such extensive protection for a particular purpose, as is the case in nature reserves for example. Besides nature and landscape conservation, priority is also given to the objectives of the forest development plan (utilization, welfare, protection and recreational function of forests), the motivation and water management (securing and protecting potential and usable drinking water reserves) and the maintenance objectives of agriculture on the mountain pastures. In particular, the development of agriculture and forestry should not be restricted in any way. In addition, infrastructure measures, who are dependent on a specific location in the Alpine Quiet Areas, especially for water supply, shall not be restricted in any way (cf. SIR-Raumordnung/ Regionalverband Tennengau 2020: 46). subject matter Areas outside of permanent settlement space (Dauersiedlungsraum), especially forest areas, mountain pastures addressed and alpine wasteland (cf. SIR-Raumordnung/ Regionalverband Tennengau 2020: 47). For the delimitation of Alpine Quiet Areas in the Tennengau Regional Development Programme, all areas above assignment the permanent settlement space (Dauersiedlungsraum) were used a basis. Any other areas, which do not comply and with the purpose of Quiet Areas from a regional planning point of view (e.g. priority areas for touristic development delimitation or raw material extraction), were extracted. The delimitation requires further concretization by municipal spatial planning (cf. SIR-Raumordnung/ Regionalverband Tennengau 2002a: 47). The elaboration of binding regional (development) programmes by the regional planning associations (Regionalverbände) is based on § 10 of the Salzburg Spatial Planning Act (Salzburger Raumordnungsgesetz 2009 - ROG 2009). The Salzburg State Development Programme (Landesentwicklungsprogramm 2003) explicitly mentions the need to designate areas that shall be kept free from further touristic (infrastructural) developments (C.1, measure 8) (Amt der Salzburger Landesregierung 2003: 120), that draws from the obligation of Art. 10 of the Alpine Convention Tourism Protocol to designate respective areas. Besides mentioning the possibility to implement this issue in a sectoral amendment (Sachprogramm), the Salzburg State Development

Programme delegates the responsibility for designating and safeguarding Alpine Quiet Areas to the regional legal planning associations and their regional (development) programmes. So far, the concept is implemented in no foundations other region than the Tennengau region. This is noteworthy because in addition to the Spatial Planning Act, the and Salzburg Nature Conservation Act (Salzburger Naturschutzgesetz 1999 – NSchG) also authorizes the state enforcement government to designate areas by legal ordinance, in which disturbing sportive, touristic or other activities might be restricted in order to preserve the landscape scenery, the recreational functions or the ecological balance of the area (§ 27 (3) NSchG). Those areas that are designated as “Alpine Quiet Areas” in the Tennengau regional development programme need to be implemented in municipal spatial planning by preventing them from any land uses that do not comply with their purpose as quiet areas (cf. SIR-Raumordnung/ Regionalverband Tennengau 2020: 47).

In the Tennengau region, Alpine Quiet Areas cover a comparatively high percentage of the territory. However, Summary since they are a product of the extraction of all other planning designations, those remaining areas do not have assessment adequate steering capacities for open spaces on the valley floors. Moreover, the binding implementation of the Quiet Area approach in the other planning regions of the federal state of Salzburg is still pending. Regional development programme (Regionalprogramm Tennengau) 2002, updated 2019 documents Salzburg State Development Programme (Landesentwicklungsprogramm Salzburg) 2003 As an abstract overview, Fig. 4 shows the general spatial orientation (Leitbild) of the Tennengau Regional map Development Programme, which displays Alpine Quiet Areas in Blue. Those areas feature large parts of the Region above the densely populated valleys within the permanent settlement space (Dauersiedlungsraum).

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Fig. 4: General orientation (Räumlich-funktionales Leitbild) of the Tennengau regional development programme (Alpine Quiet Areas are displayed in blue) Source: SIR-Raumordnung/ Regionalverband Tennengau 2002b: 10

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Planning Ecological corridors (Lebensraum-/Grünkorridore) instrument area of Oberpinzgau and Pinzgau regional planning associations (Regionalverband (Ober-)pinzgau) within the federal application state of Salzburg (Austria) An overall objective is to avoid conflicts between the interests of nature conservation, the agricultural use of the area, the settlement activity and the use as tourist areas. The motivation for designating ecological corridors is motivation and to safeguard green space connections and green space networks, which guarantee a networking of habitats also objectives in the future development of the region, in order to improve and maintain the natural environment in the sense of safeguarding the biotope network (cf. Snizek + Partner Verkehrsplanungs GmbH et al. 2013: 58) subject matter Green space corridors that functionally connect important habitats addressed The assignment and delimitation of the respective corridors is based on the study “Lebensraumvernetzung assignment Pinzgau 2012”. The functionality of the corridors is not considered to be impaired by appropriate agriculture, and forestry, hunting, fishing and nature based recreational activities (e.g. hiking) (cf. Snizek + Partner delimitation Verkehrsplanungs GmbH et al. 2013: 58f.) For the safeguarding and implementation of ecological/green space corridors, the two regional planning associations (Pinzgau and Oberpinzgau) follow slightly different approaches. In the Pinzgau region, the defined corridors, based on the previous study "Lebensraumvernetzung Pinzgau 2012”, are included in the regional programme as green corridors, with minor adaptations by the affected municipalities, in order to safeguard the habitat corridors. The examination and proof of the permeability of the corridors is the responsibility of the municipality in the land use zoning procedure. In the Oberpinzgau region, however, individual green corridors in the municipalities were selected and delimited, based on the study. There must be no forced changes in the legal usual agricultural and forestry land use. A deterioration of the current conditions in those areas may not occur foundations (cf. Snizek + Partner Verkehrsplanungs GmbH et al. 2013: 58f.). and As specific planning measures (chapter 5.1), the Oberpinzgau and Pinzgau Regional Development Programmes enforcement designate regional and supra-regional green space corridors that must be kept free from any developments, which impair the permeability of those corridors in municipal spatial planning. The development of building land within the green corridors is possible if the permeability and thus the (supra-)regional function (passability for wildlife) of the corridor is not significantly impaired, or the impairment (e.g. noise, light) can be reduced by appropriate compensatory measures (green connections, green structures, etc.) (cf. Snizek + Partner Verkehrsplanungs GmbH et al. 2013: 59).

The designation of ecological corridors in the two planning regions ca be considered as a useful starting point summary for the safeguarding of wildlife corridors and the prevention of settlement sprawl, since those corridors may also assessment prevent the coalescence of settlements. Pinzgau Regional Development Programme (Regionalprogramm RV Pinzgau – Ziele, Maßnahmen und Empfehlungen, Beschlussfassung, Stand 01.07.2013) documents Oberpinzgau Regional Development Programme (Regionalprogramm RV Oberpinzgau – Ziele, Maßnahmen und Empfehlungen, Beschlussfassung, Stand 12.07.2013) Fig. 5 shows a section of the Salzach valley near Mittersill in the Oberpinzgau region as an example. The green shading show regional ecological/ green space corridors that are mostly located between settlements in the map valley. In this example, they can e.g. serve as an ecological connection towards/from the Hohe Tauern National Park in close distance.

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Fig. 5: Examples of ecological corridors in the Oberpinzgau region near Mittersill (Salzburg, Austria) (corridors are displayed by green shading) Source: Land Salzburg, SAGIS 2020

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Planning State Green Zone (Landesgrünzone) instrument area of Federal State of Vorarlberg (Land Vorarlberg), Austria application designated green zones in the Rhine valley and Walgau region The designation of green zones features three main motivations according to § 1 of the respective legal ordinance: motivation and - maintaining a functioning ecological balance and the landscape scenery objectives - conservation of local recreational areas - safeguarding of spatial conditions for efficient agricultural use subject matter large scale continuous green spaces in the Rhine valley and Walgau region addressed The allocation and delimitation of the green zones was influenced by the motivation to prevent the long-term coalescence of settlement areas in the Rhine Valley and Walgau at the expense of agricultural and other open assignment spaces. The draft/proposal of the green zones delimitations was prepared in the scale 1:5.000, based on and cartographic work as well as on inspections on the spot. The draft was published and subjected to a consultation delimitation procedure, in which individual objections were reviewed, before the legal enactment in by the Vorarlberg state government 1977 (cf. Land Vorarlberg 2017: 14ff.) § 6 of the Vorarlberg Spatial Planning Act (Gesetz über die Raumplanung) authorizes the state government to enact binding State Spatial Plans (Landesraumpläne) as legal ordinances. Apart from the regulation of

commercial centres and the designation of the Rhine valley Blue Zone (area-based flood prevention), there are legal two State Spatial Plans on the Rhine valley and Walgau Green Zones. In those areas, designated as Green foundations Zones, Local Land-use Plans (Flächenwidmungspläne) must not determine built-up areas. Those kinds of land and use zoning types that are allowed on Green Zones include agricultural areas, open space special areas enforcement (Freifläche-Sondergebiet), traffic areas or other areas reserved for public needs (Vorbehaltsflächen) (cf. Amt der Vorarlberger Landesregierung 2018: 1). The Vorarlberg State Green Zone has been enacted more than 40 years ago and has proven itself as a useful spatial planning tool for the prevention of urban sprawl and further coalescence of settlements. In the context of summary continuing small extractions from the State Green Zone, it should be clarified perspectively, if those areas shall assessment remain in their current extent and thus safeguard continuous open spaces or if they shall serve as a reserve for future building land. Legal ordinance of the state government on supra-local open spaces in the Rhine valley (Verordnung der Landesregierung über die Festlegung von überörtlichen Freiflächen in der Talsohle des Rheintales) documents Legal ordinance of the state government on supra-local open spaces in the Walgau (Verordnung der Landesregierung über die Festlegung von überörtlichen Freiflächen in der Talsohle des Walgaues) Fig. 6 shows the distribution of the designated Green Zones. The respective regions are comparatively densely map populated, featuring cities such as Bregenz, Dornbirn or Feldkirch.

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Fig. 6: Distribution of the Vorarlberg State Green Zone in the Rhine Valley and Walgau region (displayed in green) Source: Land Vorarlberg, VoGIS 2020

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Planning Agricultural Provision Areas (Landwirtschaftliche Vorsorge-/Vorrangflächen) instrument area of Federal state of Tyrol (Land Tirol), Austria application The designated agricultural areas shall be safeguarded in the long term in order to guarantee the provisional function as well as the efficient and sustainable development of agriculture. In view of the scarcity of permanent settlement space in Tyrol, urban sprawl is increasingly endangering continuous open spaces in the valley areas. The main objectives of safeguarding those areas are (Amt der Tiroler Landesregierung 2017: 7):

- preservation of valuable agricultural areas as a contribution to a high-quality food-supply of the motivation and population objectives - preservation of the cultural landscape through the preservation of farm structures - structural maintenance of sustainable agriculture through appropriate land prices - preservation of high-quality agricultural land for the management of the farms and the preservation of alpine pastures subject matter High-potential agriculturally used areas within permanent settlement space (Dauersiedlungsraum) addressed The criteria taken into consideration for the delimitation of Agricultural Provision Areas comprise the soil productivity index (Bodenklimazahl) (ranging from 0-100, 100 represents the most productive/fertile soil in Austria), the size of the area as well as the slope gradient. In order to be designated as suitable Agricultural Provision Areas, the land must have a soil productitvity index of at least 25 (the threshold value may differ between different sub-regions), a size of at least 4 ha and a slope gradient of less than 35 %. In addition to this, the delimitation follows some key principles: assignment - Agricultural Provision Areas do not comprise open spaces within the settlement context or areas that and are designated as building land by the municipality. delimitation - small isolated buildings/settlements are only excluded if they form a cohesive settlement (geschlossene Ortschaft) in the sense of the Tyrolean building regulation (Tiroler Bauordnung) (few exceptions for mixed agricultural/residential use) - valuable agricultural areas smaller than 4 ha do not feature a regional significance and can therefore only be designated in municipal spatial planning (cf. Amt der Tiroler Landesregierung 2017: 11f.) According to § 7 (2) of the Tyrol Spatial Planning Act (Tiroler Raumordnungsgesetz 2016) the state government is authorized to enact Spatial (Development) Programmes that maintain open spaces for specific purposes, one of them is the preservation of agricultural land use. As a state/regional planning instrument the designation of Agricultural Provision Areas has an indirect impact by restricting the kind of land use that is determined on the legal municipal level in Local Development Concepts (Örtliche Raumordnungskonzepte) and Local Land-use Plans foundations (Flächenwidmungspläne). On Agricultural Provision Areas, municipalities are only allowed to designate land-use and zoning types that are compatible with the intended agricultural use, excluding mainly settlement expansions. enforcement However, it is possible to determine certain open space special areas (Sondergebiete) that may also include e.g. single buildings for agricultural purposes. They exact way, in which agricultural land is managed, is not affected by the regulation. (cf. Amt der Tiroler Landesregierung 2017: 8f.) Like other kind of designated areas for agricultural purposes, Agricultural Provision Areas provide a solid basis summary for the safeguarding of agricultural areas as a part of alpine cultural landscapes as well as the prevention of assessment settlement sprawl. However, there is still the opportunity for the construction of (single) buildings or associated (small) driveways. e.g. legal ordinance on the enactment of a Regional Development Programme on Agricultural Provision Areas for the Lienz and surroundings regional planning association (108. Verordnung der Landesregierung: documents Erlassung eines Regionalprogramms betreffend landwirtschaftliche Vorsorgeflächen für den Planungsverband Lienz und Umgebung) Fig. 7 shows a landscape section in east Tyrol near the city of Lienz incl. the designated Agricultural Provision map Areas (displayed in green). These cover large agricultural areas, e.g. in the Drau valley or between the settlement areas of Lienz and Oberlienz.

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Fig. 7: Distribution of Agricultural Provision Areas near Lienz in the federal state of Tyrol (displayed in green) Source: tirisMaps, Amt der Tiroler Landesregierung 2020

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Planning Sectoral Plan on Crop Rotation Areas (Sachplan Fruchtfolgeflächen) instrument area of entire Territory of the Swiss Confederation application The Sectoral Plan on Crop Rotation Areas contributes to important objectives of spatial planning legislation, e.g. that spatial planning is supposed to contribute to the safeguarding of the (agricultural) supply base (Art. 1 (2) d) motivation and RPG in connection with the Art. 30 of the Swiss law on national economic supply - Landesversorgungsgesetz) objectives or that an appropriate amount of suitable arable land shall be preserved for agricultural use (Art. 3 (2) a) RPG).

Crop rotation areas are part of the areas suitable for agriculture. They include primarily arable land and ley subject matter pastures in rotation as well as arable natural meadows (Art. 26 (1) RPV). addressed The federal government determines a minimum amount of Crop Rotation Areas, which is 438.460 ha for the entire Swiss territory. The specific amount is based on an analysis on the necessary food supply for the nourishment of the Swiss population in case of disrupted food imports/supplies as well as on political negotiations. New designated Crop Rotation Areas need to meet at least the following criteria:

assignment - location within a suitable climate zone and - slope gradient below 18 % delimitation - depth of the soil that can be used by plants/roots (Pflanzennutzbare Gründigkeit) of at least 50 cm - concentration of pollutants below a certain threshold - minimum continuous size of at least 1 ha (also in connection with neighbouring areas) (cf. Bundesamt für Raumentwicklung 2020: 11, 15f.) In contrast to most of the other alpine countries, the Swiss federal government has significant legal competences in spatial planning on the national level. According to Art. 13 of the Swiss federal Spatial Planning Act (Bundesgesetz über die Raumplanung – RPG) the national level is obliged to elaborate and coordinate necessary spatial development concepts and Sectoral Plans. The Sectoral Plan on Crop Rotation Areas is further specified in chapter 4 of the Swiss legal ordinance on spatial planning (Raumplanungsverordnung – RPV). The federal level determines the minimum amount of Crop Rotation Areas and how they are distributed among the legal cantons (Art. 27 RPV). On the subordinate level, the cantons determine and identify the exact location, size and foundations quality of the Crop Rotation Areas (Art. 28 RPV). They are obliged to include appropriate measures for their and safeguarding in the cantonal Structure Plans as agricultural areas (Art. 30 RPV). Deviations (designation of enforcement building zones on Crop Rotation Areas) are only possible in well-justified cases, while the cantonal share/amount of Crop Rotation Areas must not decrease. For cantonal as well as federal developments that contribute to land take on the Crop Rotation Areas, must be compensated. The cantonal and federal administrations ensure a continuous monitoring (reports published every 4 years) of the development of Crop Rotation Areas (cf. Bundesamt für Raumentwicklung 2020: 12ff.).

Crop Rotation Areas can be considered as a useful planning tool for the country- or state-wide coordination of agricultural areas and potential food supply. In May 2020 the federal government enacted the revised version of summary the Sectoral Concept with the aim of harmonizing the implementation and better coping the loss of agricultural assessment land associated with settlement expansion.

Sectoral Concept on Crop Rotation Areas (Sachplan Fruchtfolgeflächen), 2020

Legal ordinance on spatial planning (Raumplanungsverordnung – RPV) documents + Cantonal regulations/ Structure Plans (Richtpläne)

Fig. 8 shows how the federal level distributes the overall amount of necessary Crop Rotation Areas among the cantons. Those cantons with an intensive topography and very sparse permanent settlement space (e.g. map Graubünden, Ticino, Valais) feature the lowest shares, compared e.g. with the high amounts in cantons such as Bern, Vaud or Zürich.

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Fig. 8: Distribution of the total amount of Crop Rotation Areas among the Swiss cantons Source: Bundesamt für Raumentwicklung (ARE) 2018; FFF-Inventare der Kantone (https://www.are.admin.ch/are/de/home/raumentwicklung-und-raumplanung/grundlagen-und-daten/fakten- und-zahlen/fruchtfolgeflaechen.html)

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Planning Glacier Protection Programme (Gletscherschutzprogramm) instrument area of Federal state of Tyrol, Austria (Land Tirol) application motivation and The preservation and sustainable safeguarding of an unimpaired and efficient ecological balance (§ 1 (1)) objectives Undeveloped glaciers, their catchment areas and moraines as well as the procedures for the enlargement of subject matter existing glacier ski areas (§ 1 (2)) addressed Preparing the amendment of the Nature Conservation Act, an expert group was created, which assessed the enlargement plans that were proposed by the operating companies of the Kaunertal and Pitztal glacier ski areas.

The main criteria underlying the assessment were: assignment - suitability for ski operation and - instability of the terrain delimitation - potential impact on Natura 2000 areas (cf. Amt der Tiroler Landesregierung 2006: 44) Originally, the Tyrolean Nature Conservation Act of 1991 and its amendment in 1997 determined a general prohibition of the infrastructural development of glaciers, their catchment areas and moraines. However, the federal state of Tyrol decided to enable structural improvements and enlargements of existing glacier ski areas under certain conditions that are regulated in the Glacier Protection Programme. Although they are legally independent, the Glacier Protection Programme and the Tyrolean Cable Car and Ski Resort Programme were coordinated concerning the procedure of their delimitation (cf. Amt der Tiroler Landesregierung 2006: 8f.)

The Tyrolean Glacier Protection Programme is based on § 5 (2) of the Nature Conservation Act (TNSchG 2005) in connection with § 7 (1) of the Spatial Planning Act (TROG 2016) on the enactment of a Spatial Development Programme that regulates the infrastructural development/enlargement in existing glacier ski areas. The Glacier Protection Programme features two main guidelines:

- Previously undeveloped glacier areas must not be developed and shall be safeguarded by designating them as protected in the sense of the Nature Conservation Act (§ 1 (1) and § 3 (1)) and preventing legal municipalities from designating them as special areas (Sonderflächen, § 43 TROG 2016) foundations - For previously existing glacier ski areas the installation and extension of cable cars, ski lifts, ski slopes and and tracks, snowmaking facilities as well as certain hospitality industries is only allowed within the enforcement boundaries of specific delimitations (appendices 1-4), following specific principles of § 2 of the Glacier Protection Programme. These principles for the extension of existing glacier ski areas comprise:

- the extension must be in the economic interest of the region - ski slopes and tracks must only be developed in areas which, due to the terrain conditions, are suitable in terms of ski technique and safety (considering especially natural hazards) - snowmaking facilities must only be installed if they are necessary to ensure the ski operation - hospitality industries may only be constructed if are necessary for the supply/accommodation, considering the expected number of guests However it is important to mention that the installation of specific built facilities also requires a permission under nature conservation law (naturschutzrechtliche Bewilligung) within an environmental impact assessment (EIA/ UVP) procedure (cf. Amt der Tiroler Landesregierung 2006: 8)

In comparison with the previous legal situation, the regulations of the Glacier Protection Programme are less summary strict, since they allow for the enlargement of two glacier ski areas. However, the established principles provide assessment a reasonable basis for the assessment of economic and ecological demands.

Legal ordinance of the Tyrolean state government on the enactment of a Spatial Development Programme on the protection of Glaciers (Verordnung der Landesregierung vom 2. Mai 2006, mit der ein documents Raumordnungsprogramm über den Schutz der Gletscher erlassen wird)

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Fig. 9 shows an appendix of the Tyrolean Glacier Protection Programme, which delimits the Pitztal and Ötztal map glacier ski areas. However, it also includes an extension that would connect both glacier ski areas, which would make it the world’s largest glacier ski areas and which has been heavily disputed for decades.

Fig. 9: Potential extension/connection (defined by the purple line) of the existing Pitztal and Ötztal glacier ski areas (appendix 2 of the Glacier Protection Programme) Source: Amt der Tiroler Landesregierung, tiris 2006

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2.2 Special concepts on limiting disturbing infrastructures

Planning Tyrolean Cable Car and Ski Resort Programme (Tiroler Seilbahn- und Schigebietsprogramm) instrument area of Federal state of Tyrol (Land Tirol), Austria application The Tyrolean Cable Car and Ski Resort Programme aims to put the development of cable cars and ski areas and their regulation in the focus of alpine spatial planning in order to find an appropriate balance of landscape/nature conservation and touristic/infrastructural development. Some regulations within the Programme also take account of the respective developments in the valleys (e.g. increase of traffic or settlement motivation and areas) that are associated with the enlargement of ski areas. Moreover, it aims to fulfil the requirements of the objectives Alpine Convention Protocols (e.g. Tourism Protocol). At the same time, ski tourism and the cable car industry represent a major economic factor in Tyrol and therefore shall have clear frame conditions for future developments (cf. Amt der Tiroler Landesregierung 2018: 17ff.).

New development of ski areas and the extension of existing ski areas as well as the new development of areas subject matter for other leisure, sport and recreational purposes with cable cars (§ 1 TSSP 2018). addressed The annexes of the Cable Car and Ski Resort Programme only depict already existing ski areas and infrastructures but do not determine any area-based regulations in the sense of precise boundaries for ski areas. The elaboration of the Programme was done by the spatial planning division of the federal state of Tyrol in consultation with relevant stakeholders incl. representatives of the cable car industry, the Austrian Alpine Club (ÖAV), the municipalities as well as e.g. landscape planning and agricultural associations (cf. Amt der Tiroler Landesregierung 2018: 14ff.) assignment The Programme also defines several important notions in § 2 TSSP 2018 which are ‘new development’ and (Neuerschließung) and ‘extension’ (Erweiterung) of ski areas. Especially the criteria defining new developments delimitation (which are generally prohibited) depend on if and how many natural terrain units (Geländekammern) would be developed by a project (§ 2 (1) a) TSSP 2018). These natural terrain units are defined as “closed landscape areas delimited by distinctive natural features of the terrain, such as ridges, creeks, ditches, demolitions, levelling, steepening, changes in landscape character or exposure, which in itself represent topographical units and have a ski-technically relevant extent” (§ 2 (10) TSSP 2018)

The Cable Car and Ski Resort Programme replaced the previous instrument, called Cable Car principles (Seilbahngrundsätze) that was established in 1992 as an agreement between the federal state of Tyrol and the cable car industry about specific projects. From 2005 on the Spatial Development Programme changed the steering mechanism and for the first time defined state-wide consistent criteria for the development of cable cars and ski areas. It is based on § 7 (3) of the Tyrolean Spatial Planning Act (TROG 2016) which states that Spatial Development Programmes may be adopted for infrastructure facilities important for tourism or other leisure and recreation purposes, in particular for certain types of sports facilities. The framework conditions laid down in the Cable Car and Ski Resort Programme must be taken into account in approval procedures, based in particular legal on nature conservation law, in accordance with the relevant legal provisions (cf. Amt der Tiroler Landersregierung foundations 2018: 13ff.). and The steering mechanism of the Cable Car and Ski Resort Programme generally prohibits new development of enforcement ski areas and areas for other leisure, sport and recreational purposes (§ 3 TSSP 2018). § 4 TSSP 2018 defines preconditions under which the extension/enlargement of existing ski areas, the installation of feeder cableways or the merger/connection of ski areas is possible. In addition to this, a project is only capable of being approved if it does not meet the nature conservation criteria for exclusion (§ 5 TSSP 2018) (e.g. negative impact on protected areas), as well as other criteria for exclusion (§ 7 TSSP 2018) (e.g. suitability for ski operation, economic prospects, prevention of natural hazards). Moreover, there are positive criteria of § 6 and § 8 TSSP 2018 that need to prevail in the weighing of concerns (§ 4 (3) TSSP 2018).

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In general, it is useful to provide criteria for the assessment of potential extensions of ski areas, although they also feature many exceptional cases. In order to become a more effective safeguarding instrument, the summary Programme would however require additional regulations, such as clear-defined boundaries as concrete spatial assessment delimitations for ski area extensions.

Legal ordinance of the state government on the enactment of a Spatial Development Concept on cable cars and ski area developments (Verordnung der Landesregierung vom 11. Jänner 2005, mit der ein documents Raumordnungsprogramm betreffend Seilbahnen und schitechnische Erschließungen erlassen wird - Tiroler Seilbahn- und Skigebietsprogramm 2005) + revision/amendment 2018 (TSSP 2018)

The maps of existing ski areas that are annexes of the programme’s documents are not displayed here, because map the cartographic representations are not legally binding.

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Planning Special Programme on Ski Constructions (Sachprogramm Schianlagen) instrument area of Federal state of Salzburg (Land Salzburg), Austria application From the point of view of state spatial planning, the Programme serves to balance the economic interests as well as ecological and landscape requirements, especially in the context of the Alpine Convention and its protocols. The Programme contains several major objectives that are the point of origin for specific binding measures laid down in the Programme. These objectives (chapter 1, 1.1 – 1.5) are directed at the construction and modification of ski facilities and comprise:

- Negative impacts on the spatial structure must be avoided by considering the ecological as well as the economic carrying capacity of the specific location motivation and - The respective areas must be suitable for constructions that do not have excessive impacts on the objectives landscape - Negative impacts on the landscape and the ecological balance incl. water management concern must be avoided - Conflicts of land-use must be avoided - Projects must go for a formal pre-check concerning their impact on general spatial development (Raumverträglichkeit) (cf. Land Salzburg, Abteilung 7: Raumplanung 2008: 4ff.)

subject matter Construction and modification of ski facilities addressed Like the Tyrolean Cable Car and Ski Resort Programme, the Salzburg Special Programme on Ski Constructions does not determine specific boundaries for the development of ski areas, but establishes general guidelines and binding criteria for developments. The appendix (=Begriffsdefinitionen) gives legal definitions of several important notions that are relevant for the assessment of projects and their permissibility. These notions comprise e.g. the modernisation (Modernisierung und Komfortverbesserung), addition (Ergänzung oder Abrundung), extension assignment (Erweiterung) or merger (Verbindung) of ski areas and facilities. The delimitation of existing ski areas is not and displayed in maps, but is based on the natural terrain in specific cases. The notions of natural terrain conditions delimitation (valley floors, natural terrain units, water catchment areas and visibility of landscape terrain) are clarified in chapter 6 of the appendix.

(cf. Land Salzburg, Abteilung 7: Raumplanung 2008: 14ff.)

In addition to the State Development Programme (Landesentwicklungsprogramm), the federal state government of Salzburg is authorized to enact Special Programmes (Sachprogramme) on selected spatial development issues as appendices according to § 9 (1) of the Salzburg Spatial Planning Act (Salzburger Raumordnungsgesetz- ROG 2009). Besides the Special Programme on Ski Constructions, there are two other Programmes, on golf courses as well as on the settlement and infrastructure development in the Salzburg agglomeration.

legal The Special Programme on Ski Constructions contains binding objectives (see above) and spatial planning foundations measures in chapter 1. Among the most crucial measures is the prohibition of the development of new ski areas and in previously undeveloped natural areas and on glaciers (chapter 1.1). The Programme also determines the enforcement establishment of a transdisciplinary working group within the federal state administration that is responsible for conducting pre-checks on the permissibility of projects. In addition to the result of the pre-check or of potential further investigations (Raumverträglichkeitsprüfung), the permission of a specific project can depend on other legal provisions and can include e.g. the need for an environmental impact assessment (EIA).

(cf. Land Salzburg, Abteilung 7: Raumplanung 2008: 5ff.)

summary The elaboration of binding objectives (incl. prohibition of developing of new ski areas in previously undeveloped assessment areas) as well as criteria for the assessment of ski area extension projects provide a useful comprehensive

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frame. However, like in Tyrol, an increased steering capacity would require additional regulations, such as clear- defined boundaries as concrete spatial delimitations for ski area extensions.

Land Salzburg, Abteilung 7: Raumplanung (2008): Special Programme on Ski Constructions. Construction of ski facilities in the federal state of Salzburg (Sachprogramm Skianlagen. Errichtung von Schianlagen im Land documents Salzburg).

The Programme does not contain any maps that are associated with binding regulations. map

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Planning Special Plan on Lifts and Ski Slopes (Fachplan Aufstiegsanlagen und Skipisten) instrument area of Autonomous Province of Bozen/Bolzano – South Tyrol (Autonome Provinz Bozen – Südtirol) application The Special Plan on Lifts and Ski Slopes serves the following major objectives, which underlie all decision criteria:

- maintaining or establishing the ecological balance in the ski zones - creation of functionally connected facilities with connection possibilities within the ski zones - maintaining or creating a balance between the transport capacity of the lifts and the capacity of the ski motivation and slopes objectives - creation of an adequate offer for skiers in the different performance categories - balance between the regional economic importance of ski facilities and the economic requirements of the operators (cf. Autonome Provinz Bozen-Südtirol 2014a: Art. 1)

subject matter Lift facilities /cable cars that are used for ski operation addressed In the latest version of the planning document, the underlying methodology of the delimitation of ski zones (Skizonen) consists of buffers in the extent of 150 m around the approved ski slopes of the previous plan. These rough delimitations were further assessed (e.g. taking into account ecologically sensitive areas or unsuitable assignment natural terrains), also drawing on feedback of municipalities. The Special Plan defines 42 ski zones, single small and lifts (Dorflifte) are not included. Ski zones need to consist of at least two lift facilities. The ski zones are displayed delimitation in the scale 1:50:000 and are not included in the municipal Land-use Plans (cf. Autonome Provinz Bozen-Südtirol 2014a: 17ff.)

Special Plans (Fachpläne) that implement/ specify the objectives and principles of the State Strategy Plan (Landesstrategieplan) are based on Art. 49 of the new South Tyrolean state law on space and landscape (Landesgesetz Nr. 9/2018 “Raum und Landschaft”) (Art. 11 in the old spatial planning law).

The Plan delimits ski zones that are designated for this specific use (Art. 3). The expansion of ski areas to sensitive areas regarding landscape and ecology is prohibited (Art. 1). On the designated ski slopes, building constructions are prohibited except for a range of technical infrastructure that are functionally connected to the legal ski operation (Art. 3). Art. 4 determines general construction rules for lift facilities and the associated buildings. foundations If any facilities get abandoned, all associated buildings, infrastructures or modifications to the natural terrain need and to be removed/recultivated (Art. 6). Moreover, the text of the Special Plan gives assessment criteria and criteria enforcement for exclusion (Art. 7). Any projects within the designated ski zones are not permissible a priori and further need a detailed approval procedure. The rough large-scale delimitation of ski zones in the scale 1:50.000 was done on purpose and does not intend to regulate local/detailed issues, but to serve as a steering instrument for ski areas on the regional level.

(cf. Autonome Provinz Bozen-Südtirol 2014a)

The delimitation of ski zones in the scale 1:50.000 was not supposed to provide detailed solutions on the spot summary but general and regionally coordinated proposals areas that are suitable for the enlargement of existing ski areas. assessment This procedure involved a consultation of municipalities and thus a useful pre-assessment.

Autonomous Province of Bozen/Bolzano – South Tyrol (2014): Special Plan on Lifts and Ski Slopes. Volume 1 - Implementation rules, report. (Autonome Provinz Bozen – Südtirol (2014): Fachplan Aufstiegsanlagen und documents Skipisten. Band 1 – Durchführungsbestimmungen, Bericht.)

Fig. 10 shows an exemplary landscape section from the Obervinschgau region with its delimitation of Ski zones map from the Special Programme, as well as e.g. existing Protected Landscapes and Natura 2000 areas.

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Fig. 10: Example of ski zone delimitations in the Obervinschgau region near Reschensee Lake (ski zones are displayed beige-colored, ski slopes in purple and lift facilities as red/purple lines) Source: Autonome Provinz Bozen – Südtirol 2014b: folio Nr. 1

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2.3 Supra local zoning approaches

Alpenplan (component of the Bavarian State Development Programme, chapter 2.3.3) Planning instrument (Landesentwicklungsprogramm Bayern – LEP Bayern, Kapitel 2.3.3 Alpenplan)

area of Alpine region within the federal state of Bavaria (Freistaat Bayern) application The Alpine region should be developed, ordered and safeguarded in such a sustainable way that

- the diversity, uniqueness and beauty of its landscapes as well as the natural diversity of its wild flora and fauna species are preserved by safeguarding and developing their interconnected habitats, - its functions as a cross-border residential, recreation, economic and transport space can be fulfilled, considering its importance as a natural and cultural area of European significance, and motivation and - alpine natural hazard potentials are minimized objectives (LEP Bayern, chapter 2.3.1)

The Alpenplan itself aims at promoting balanced living and working conditions of its inhabitants, the beauty of nature and its distinctiveness as a recreational area as well as the efficiency of the ecological balance. Moreover, the access to the alpine area for the population seeking recreation shall be secured (LEP Bayern, chapter 2.3.3).

The development of the Bavarian Alps with transport projects such as

- cable cars and lifts, as far as they serve the public transport subject matter - ski, grass ski and skibob runs, toboggan runs and summer slides, addressed - public roads, private roads and private ways, excluding hiking trails - airfields (airports, landing strips and gliding areas) (LEP Bayern, chapter 2.3.3)

The Alpenplan covers the Bavarian Alps based on a morphological delimitation. The underlying delimitation concept is based on safeguarding and separating previously undeveloped near-natural areas from those that assignment feature a high degree of infrastructural development (cf. KARL 1968: 151). Therefore, the Alpenplan aims to and establish a differentiation of spatial functions based on the previous infrastructural configuration as well as the delimitation “decentralized concentration” of settlement and infrastructure development in suitable areas.

Since federal states have the legal competence in the field of spatial planning in Germany, the State Development Programme (LEP) (Art. 19f. of the Bavarian Spatial Planning Act – BayLPlG) sets superior regulations for the spatial development of the state of Bavaria. As part of the LEP and since they are enacted as binding “goals of spatial planning” (Ziele der Raumordnung, Art. 3 BayLPlG) subordinate planning processes (regional planning, local land-use planning) and approval procedures must comply with the regulations of the Alpenplan. Therefore, those regulations are legally binding for public authorities.

legal The Alpenplan divides the Bavarian Alps into three zones, each with a different status of protection. It regulates foundations the development of traffic infrastructure (cable cars, roads, ski sloaps,…) according to the requirements of each and zone: enforcement - Zone A: infrastructure development is generally allowed (few exceptions) - Zone B: every single measure has to be investigated, if it fulfils the spatial planning requirements (especially concerning nature conservation objectives) - Zone C: infrastructure development is generally not allowed (few exceptions) (LEP Bayern, chapter 2.3.3)

The Alpenplan remained almost unchanged since 1972 and can be considered as one of the most effective summary instruments for the safeguarding of large-scale undeveloped open spaces in its zones C and B. Moreover, it assessment provides area-wide strategic spatial development guidelines, since it also defines areas for preferential

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settlement and infrastructure development with its zone A. However, its steering capacity is limited for ecological connectivity issues in the valleys, since the most of the valley floors are located in zone A.

Bavarian State Development Programme (2020) + annex 3 (Bayerisches Landesentwicklungsprogramm, documents Stand 2020 + Anhang 3)

Fig. 11 shows the zoning of the Alpenplan (zones A, B and C) in the eastern Part of the Bavarian Alps. map

Fig. 11: Zoning of the Alpenplan in the eastern part of the Bavarian Alps (Zone A=yellow, Zone B=green, Zone C=red) Source: Appendix 3, sheet 3 of the Bavarian State Development Programme (LEP Bayern 2020, Anhang 3, Blatt 3), https://www.landesentwicklung- bayern.de/instrumente/landesentwicklungsprogramm/landesentwicklungs-programm-bayern-stand-2018/

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2.4 Regional spatial plans

Planning Cantonal Structure Plan (Kantonaler Richtplan) instrument Swiss Cantons (since the legislation and the precise implementation procedure varies between cantons, the area of example of the Valais/Wallis Canton is presented here with a focus on measures with relevance for the application safeguarding of open spaces) The three subjects are supposed to serve similar objectives of the Wallis/Valais Spatial Development Strategy (Raumentwicklungsstrategie). A few examples are:

- Keeping open spaces in the Rhone valley free from buildings motivation and - Preserving the natural and cultural landscape objectives - Limiting settlement development in order to maintain agricultural areas - Preserving diverse habitats and enhance ecological connectivity (cf. Koordinationsblätter des kantonalen Richtplans VS, A.1, A.11, C.1)

Out of the numerous subjects of the Valais/Wallis Cantonal Structure Plan three subjects were picked with particular importance for the safeguarding of open spaces: subject matter addressed 1) Building zones (Bauzonen) and settlement area (Siedlungsgebiet) 2) Agricultural zones (Landwirtschaftszonen) 3) Ecological networks and wildlife corridors (Ökologische Netzwerke und Wildtierkorridore) 1) The canton calculates the capacity of the building zones entered in the Land-use plans (Zonennutzungspläne) for residential use, evaluates the demand for the next 15 years based on population forecasts and identifies oversized building zones. The capacity of the building zones for residential use is determined based on the target density (m² / inhabitant and jobs, in full-time equivalent), which is allocated to the municipality according to the type of space laid down in the Cantonal Spatial Development Concept (Kantonales Raumentwicklungskonzept). Besides displaying the settlement areas, the canton also determines the main strategy for the settlement development of each municipality based on the ratio of building zone reserves (Bauzonenreserven) and the respective population development forecasts of the municipality (cf. Koordinationsblatt des kantonalen Richtplans VS, C.1). 2) Based on cantonal legislation, the regulations of the Structure Plan rely on a classification of four assignment different types of agricultural zones: agricultural zone I (agricultural priority areas with high suitability), and agricultural zone II (agricultural areas used in the common interest, especially in locations with a delimitation limited natural productivity), protected agricultural zones (important agricultural components of the cultural landscape that need to be preserved), special agricultural zones (for special purposes such as greenhouses, that require further planning on the municipal level) (cf. Koordinationsblatt des kantonalen Richtplans VS, A.1) 3) Based on a federal concept on a national ecological network (REN) a specific cantonal concept was created that uses a classification of 4 categories: core areas (high-quality natural areas with optimal conditions), connection zones (protected areas or provisional areas with importance to migratory animals), continuum (neighbouring areas not suited as habitats but for migratory activities), buffer zones (protection of the core areas from negative impacts at the margins) (cf. Koordinationsblatt des kantonalen Richtplans VS, A.11)

The Swiss federal spatial planning act (Raumplanungsgesetz – RPG) as well as the spatial planning ordinance (Raumplanungsverordnung - RPV) provide the framework legal basis for Cantonal Structure Plans in Art. 6 - 12 legal RPG and Art. 4 - 13 RPV, which is complemented by cantonal legislation. Cantonal Structure Plans need to be foundations approved by the federal government. They are binding documents for public authorities and therefore especially and affect the contents of municipal Land-use Plans. Due to their function of coordinating the overall spatial enforcement development of cantons, Structure Plans can be regarded as one of the most important instruments for the safeguarding of open spaces in Switzerland. However, most Structure Plans still do not develop adequate

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instruments directed at specific open spaces and therefore neglect landscape issues, compared with the quite detailed regulations on settlement or infrastructure development (cf. NISCHIK & PÜTZ 2018: 40).

As indicated above, most Cantonal Structure Plans still do not adequately integrate open spaces. The presented example of the Valais however shows interesting approaches for agricultural areas and ecological corridors. summary Nevertheless, the determination of settlement areas on the cantonal level, which has to be obeyed by the assessment municipalities, can be considered an important contribution to limiting settlement sprawl and land take.

e.g. Canton of Valais: Cantonal Structure Plan 2019 (Kanton Wallis/ Canton du Valais: Kantonaler Richtplan documents 2019/ Plan Directeur Cantonal 2019)

Fig. 12 shows an example of building zones, agricultural zones and ecological corridors of the Cantonal Structure map Plan in the upper Rhone valley

Fig. 12: Selected area-based components of the Wallis/Valais Cantonal Structure Plan, exemplified in a section of the upper Rhone valley near Oberwald (protected agricultural zones displayed in light brown, ecological corridors dis-played in light green, residential and labour zones as part of the building zones displayed in red and purple) Source: Kanton Wallis, Dienststelle für Raumentwicklung 2020 (basemap/imagery: Esri, DigitalGlobe, GeoEye, Earth-star Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community)

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Regional Planning, Sustainable Development and Territorial Equality Scheme Planning instrument (Schéma Régional d’Aménagement, de Développement Durable et d’Égalité des Territoires - SRADDET)

area of French regions (the example of the Auvergne-Rhône-Alpes region is presented here with a focus on the so- application called Green and Blue Frame – Trame Verte et Bleue – as a spatial planning tool) Among the 64 operational objectives of the SRADDET, those relevant to the Green and Blue Frame comprise e.g. (cf. La Région Auvergne-Rhône-Alpes 2019b):

- 1.6 Preserve the green and blue frame and integrate its issues into urban planning, development projects, agricultural and forestry practices - 1.7 Enhance the richness and diversity of the region's remarkable and ordinary landscapes, heritage motivation and and natural spaces objectives - 3.3 Preserve and develop land potential to ensure a viable agricultural and forestry activity, respectful of soil quality, biodiversity and resilient to the impacts of climate change - 3.9 Preserve the areas and proper functioning of the region's waterways - 4.5 Preserve water resources to limit conflicts of use and guarantee the proper functioning of ecosystems, particularly in the mountains and in the south of the region. Areas that are necessary for the movement of species, the completion of their life cycle and their adaptation to subject matter environmental changes (cf. La Région Auvergne-Rhône-Alpes 2019a: 10). addressed The Green and Blue Frame (Trame Verte et Bleue – TVB) that is supposed to cover the entire territory of the Auvergne-Rhône-Alpes region is composed of different components. Those are shortly characterized incl. their analytical methodology (underlying data):

- Biodiversity reserves consist of obligatory and facultative components. Obligatory components comprise Prefectorial Orders for Biotope Protection (APPB), National Nature Reserves (RNN), Regional Nature Reserves (RNR), National Park core areas and forest biological reserves. Facultative components result from the former Ecological Consistency Regional Plans (SRCE) and comprise e.g. Natura 2000 areas, (national) hunting and wildlife reserves, ZNIEFF (Zones Naturelles d'Intérêt Écologique, Faunistique et Floristique) areas, sites classified for ecological reasons and protective assignment forests. and - Ecological corridors in the SRADDET are made up of diffuse corridors in the SRCE Auvergne and delimitation permeable spaces in the Rhône-Alpes SRCE. This work to define ecological corridors in the two former regions involved both cartographic processing and cross-checking with the opinion of experts. The permeable relay spaces are made up of all the environments, which, for each sub-frame, are globally functional to allow the movement of species. They therefore play the role of ecological corridors, but in a diffuse manner, on a large scale, without the possibility of reducing them to linear mapping. - As an aquatic ecological network, the Blue Frame (Trame Bleue) does not distinguish between aquatic biodiversity reserves and corridors. It comprises e.g. specific watercourses, canals, (internationally or departmentally inventorized) wetlands, areas of surrounding vegetation or natural lakes. (cf. La Région Auvergne-Rhône-Alpes 2019b: 66ff.)

The comparatively new instrument SRADDET replaces and consolidates the contents of the former Regional Planning and Sustainable Development Scheme (SRADDT) as well as the sectoral Climate, Air and Energy Regional plan (SRCAE), the Ecological Consistency Regional Plan (SRCE), and the Infrastructure, Transport and Inter-modality Regional Plan (SRIT). Unlike the former SRADDT instrument, the recent reform provided the French regions with a comprehensive planning instrument, which is in parts legally binding for subordinate public

authorities, and thus strengthens the role of the regions in spatial development (cf. OECD 2017). legal foundations The elaboration of the SRADDET was introduced by Art. 10 of the NOTRe law (loi portant nouvelle organisation and territoriale de la République) and changed the General Code of Territorial Collectivities (Code Général des enforcement Collectivités Territoriales – CGCT), which specifies the elaboration process and the contents of SRADDET in Articles R4251-1 - R4251-17 CGCT). The legal effect of the SRADDET is considered as “adapted normativity”, because the objectives (objectifs) of SRADDET are imposed on local urban planning documents (SCoT and, failing that, Municipal Land-Use plans, Urban Transport Plans, Territorial Climate-air-energy Plans and regional nature park charters) in a consideration report, whereas these documents must be compatible with the general

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regulations (règles générales) of SRADDET. The SRADDET is structured in three components (cf. Ministère de la Cohésion des territoires et des Relations avec les collectivités territoriales 2019) :

- a summary report of the state of territorial development, the issues at stake in the areas covered by the scheme and the objectives, which are integrated into a synthetic map at the scale of 1 : 150.000 - a booklet of general regulations accompanied by graphic documents and proposals for accompanying measures intended for the other public stakeholders - annexes including the environmental impact report As a spatial planning tool in relation to the European Green Infrastructure Concept the Green and Blue Frame (Trame Verte et Bleue) concept gets integrated in several administrative levels in the French spatial planning system. SRADDET coordinates public action in territorial development from a regional perspective. The relevant SRADDET regulations (règles) that are binding for subordinate spatial planning documents on the level of municipalities and agglomerations and supported by cartographic representations (annexes) comprise e.g.:

- Regulation No. 35 - Preservation of ecological continuities: The subordinate spatial planning documents must specify the ecological continuities at the scale of their territory, based on the regional Green and Blue Frame of the SRADDET and the complementary investigations they carry out. They must guarantee their safeguarding through the application of their regulatory and cartographic instruments. - Regulation No. 37 - Preservation of Ecological Corridors: Subordinate spatial planning documents must specify the ecological corridors of the territory at their scale, based on the Green and Blue Frame of the SRADDET and the complementary investigations they carry out. In particular, the SCoTs must identify, delimit, and safeguard the most threatened corridors by setting precise limits to urbanization. - Regulation No. 39 - Preservation of agricultural and forest environments supporting biodiversity: Subordinate spatial planning documents identify, within their territory, the agricultural and forestry sectors that support biodiversity and guarantee the proper functioning of the territory. (cf. La Région Auvergne-Rhône-Alpes 2019c)

SRADDET is a comparatively new and ambitious instrument that establishes legally binding spatial planning competences at the regional relevel. The success of the implementation will mainly depend on the coordination summary with SCoT and municipal Land-use Plans. The Green and Blue Frame can be considered as a well-elaborated assessment planning tool that needs to be further specified on subordinate administrative levels.

La Région Auvergne-Rhône-Alpes (2018/2019). Ambition Territoires 2030. Report of Objectives; Booklet of documents Regulations, Biodiversity Annex (rapport d’objectifs; fascicule des règles; annexe biodiversité)

Fig. 13. Shows a landscape section in the Haute-Savoie Département near Charmonix-Mont-Blanc that features designations of the Green and Blue Frame, including components such as e.g. biodiversity reserves (dark green), map ecological corridors (light green) or trans-regional continuities (arrows).

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Fig. 13: Elements of the Green and Blue Frame (Trame Verte et Bleue) in the Haute-Savoie Département near Charmo-nix-Mont-Blanc Source: La Région Auvergne-Rhône-Alpes 2018: 30

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Planning Regional Territorial Government Plan (Piano del Governo del Territorio - PGT) ) instrument Most Italian regions feature similar spatial planning instruments on the regional level but they might differ with area of regard to the specifics of regional legislation. Here the case of the Regional Territorial Government Plan (PGT) application of the autonomous region Friuli-Venezia-Giulia is exemplified through the Regional Ecologic Network (Rete ecologica regionale) planning tool. With regard to the safeguarding of ecological networks and open space structure within the context of continuing settlement sprawl, the PGT features the following objectives (cf. Regione Autonoma Friuli Venezia Giulia 2013a: 66):

- Reducing land consumption by including ecologic networks in the functional spatial structure of the motivation and region objectives - Creating a balance between human and ecological land-use demands - Protecting relevant habitats and thus strengthening the preconditions for biodiversity and the multifunctionality of ecosystems - Interconnecting existing protected areas by creating a comprehensive spatial planning instrument Open spaces that are supposed to kept free from settlement and infrastructure development in order to fulfil subject matter specific functions in an ecological network. addressed The Regional Ecological Network that covers the entire region represents a strategic planning approach to identify and safeguard natural and semi-natural areas with relevance to specific habitat functions and ecological connectivity. The structure of the ecological network consists of a main and a secondary component, which are distinguished by different ecological functionalities.

The main component consists of priority natural landscape areas, a priority structure and an ecological water network. It is characterised by areas of regional natural interest and consists of:

- Core Areas: these are extensive natural areas of high functional and qualitative value, suitable for maintaining the vitality of the target populations and constituting the basic structure of the ecological network

- Buffer Areas: Landscape areas adjacent to the Core Areas, which have a protective function towards assignment the most sensitive and vulnerable species in relation to the destructive effects of human pressure and (boundary effect); delimitation - Stepping Stone Areas: Smaller nature reserves along the ideal transit zones, which serve as a base and shelter for mobile organisms. The secondary component consist of:

- Restoration Areas: Structuring elements of the network and planning system, which provide for renaturation interventions identified by the project, new natural compensatory habitats capable of filling some structural gaps. - Mountain ecological links - Agriculture ecological links (cf. Regione Autonoma Friuli Venezia Giulia 2013b: 20f.)

The strategy bases on the regional law „legge regionale n. 22/2009“, which determines that the Region performs the function of territorial planning through the Territorial Government Plan (PGT). The Articles 20 to 24 of the Technical Implementation Standards (Norme tecniche di attuazione - NTA) define objectives and guidelines for the Regional Ecological Network. Art. 22 Nr. 4 PGT NTA also authorizes the regional council to enact specific

documents on the implantation of the network on subordinate administrative levels. The regional administration legal monitors the implementation in the responsibility of the sub-areas of the region (Art. 22 Nr. 5 PGT NTA). foundations and The Regional Ecological Network is also integrated within the Regional Landscape Plan (Piano Paesaggistico enforcement Regionale - PPR), regulated by Art. 43 of the Technical Implementation Standards (Norme tecniche di attuazione - NTA). Furthermore, subordinate planning bodies need to assess, specify and implement a Local Ecological Network according to Art. 43 Nr. 6-9 PPR NTA and the Vademecum per l’individuazione della rete ecologica alle scala locale.

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The underlying strategic and conceptual considerations of the Territorial Government Plan on the reduction of land consumption and settlement sprawl as well the safeguarding of open spaces and their connectivity are summary reasonable and innovative. Like for other ecological network designations, a successful implementation depends assessment on the actions of subordinate planning bodies, for which the PGT does not provide specific standards.

Autonomous Region Friulia-Venezia Giulia (2013): Regional Territorial Government Plan. Regional Strategic Territorial Document + Technical Implementation Standards (Piano del Governo del Territorio - Documento documents Territoriale Strategico Regionale (DTSR) + Norme tecniche di attuazione (NTA))

Fig. 14 shows the cartographic representation of the Regional Ecological Network in north-eastern part of the map Friuli Venezia Giulia region incl. the designations of the network’s main and secondary component.

Fig. 14: Section of the Regional Ecological Network in the northeastern part of the Friuli Venezia Giulia region Source: Regione Autonoma Friuli Venezia Giulia 2013c

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3 Discussion and proposal of transferable components

In the previous chapter selected spatial planning instruments were presented, introducing their motivations/objectives, addressed subject matters, delimitation approaches and legal foundations/enforcement. We believe that these 14 outstanding instruments represent an adequate proportion of the status quo of suitable spatial planning approaches for the safeguarding of open spaces. Of course, there are more spatial planning instruments with relevance to open space planning and preservation, which cannot be dealt with in this report adequately for capacity reasons. These comprise e.g. the Swiss Federal Inventory of Landscape and Natural Monuments, different approaches of natural hazard zone planning (e.g. in South Tyrol) or different kinds of forest and wildlife reserves (e.g. in France, Liechtenstein or Switzerland). Nevertheless, the current selection is expected to be appropriate in order to serve as a working basis for the testing of methods and planning approaches in the transnational case studies of WP T2. In the following, the characteristics of the planning instruments will be summarized and discussed regarding their transferability to other contexts and institutional settings. Table 1 summarizes the main aspects by listing the spatial delimitation approach (methodology), the way of legal enforcement as well as the identified transferable components of each selected spatial planning instrument. It is necessary to emphasize that for the Valais Cantonal Structure Plan, the Auvergne-Rhône-Alpes SRADDET and the Friuli Venezia Giulia Regional Territorial Government Plan only some of the contents (with relevance to the safeguarding of open spaces) were examined, while the actual document covers a much wider range of subtopics of territorial development. As a general overview, it can be mentioned that the instruments listed can be divided into two larger groups, namely those with definitions that refer to a concrete area and are thus usually cartographically visualized, and those that act as spatially abstract criteria and procedural guidelines. Both approaches have different steering options and can also be combined. In general, however, a concrete area-related spatial steering mechanism is considered more effective insofar as it tends to be more consistent in individual cases, since the planning authority has already weighed up and prioritised the plan or programme when it was drawn up. Nevertheless, catalogues of criteria (e.g. for the assessment of ski area extensions) are important for defining framework conditions in approval procedures and thus controlling developments. While Quiet Areas or the Alpenplan for example, place large contiguous landscape areas (with high proportions high-altitude areas) under protection and thus safeguard them in terms of spatial planning, some other approaches, such as Ecological Corridors or Agricultural Provision Areas, tend to relate to smaller areas, which are highly dependent on the local natural and settlement structure in valley areas. All the planning instruments described represent steering mechanisms at a higher regional or federal state level. While e.g. some of the plans/programmes for the steering of ski area and cable car development are directly effective for the assessment of project applications and construction projects, the majority of the instruments only has an effect on the public through their obligatory implementation in planning documents at a subordinate administrative level, i.e. generally within the framework of land-use planning at the municipal level. This structure, whereby at the regional/federal state level specifications are made on issues of supra-local significance that have to be specified and implemented at a subordinate level without completely ignoring the planning competence of the municipality, is an important feature of many planning approaches. The degree of detail of the higher- level planning specifications and thus the degree of flexibility of municipal planning in the areas concerned differs between the planning instruments.

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As mentioned in the introductory chapter, we strive for the identification and discussion of transferable components instead of just designating certain spatial planning approaches as “best practices”, because the legal, institutional and cultural backgrounds of spatial planning in alpine countries and regions might differ. Therefore, we can summarize the potentially transferable components in the following categories:

. Analytical basis Not all the planning approaches presented are based on scientific studies, as is the case, for example, with the underlying study for the designation of ecological corridors in the (Ober- )Pinzgau region. For other planning approaches on ecological connectivity the definition of their components of the ecological network is done e.g. by using existing geodata of areas with different degrees of need for protection, or by creating their own GIS analyses as part of the planning process. Using a renowned and well-accepted scientific analytical methodology for the delimitation of open spaces might however increase the acceptance of planning regulations.

. Methodology of delimitation The concrete delimitation methodology is not sufficiently known for all planning instruments. For the Quiet Areas and the Alpenplan, for example, the demarcation/zoning can only be traced back to certain decisive demarcation principles in the historical context. The delimitation of the Vorarlberg State Green Zone can be interpreted more as the result of a negotiation process between the planning authorities and the (specialist) public. However, especially for open spaces with an agricultural purpose, it is possible to draw on very concrete criteria. For Agricultural Provision Areas in Tyrol, for example, these are the soil productivity index, the minimum continuous size and the slope gradient. It is not always necessary to derive a detailed delimitation of an area through quantitative calculation. However, it certainly makes sense to develop and apply general guiding principles for delimitation in order to make planning decisions objective and transparent.

. Relationship of regional coordination and local implementation All the instruments presented create guidelines for safeguarding open space at a higher regional level. With the exception of the Tyrolean Quiet Areas or the instruments for the control of cable car and ski development, all instruments have an indirect effect in that they establish requirements which must be implemented in the planning documents of subordinate administrative levels, e.g. by the municipal land-use planning. This meets the requirement that spatial planning at the supra-local/regional level regulates issues of supra- local importance, e.g. interconnected open space systems, while respecting the spatial planning sovereignty of the municipalities. Although this restricts the municipal regulation of land-use, it retains a minimum degree of flexibility, as e.g. ecological corridors, the State Green Zone, Agricultural Provision Areas or Crop Rotation Areas allow various types of open space land-use, except for the prohibition of building development. Nevertheless, care must be taken to ensure that regional planning specifications in such a structure ensure that open spaces are safeguarded as stringently as possible through clear and binding regulations so that these specifications cannot be weakened by individual stakeholders at the local level. In those contexts, where no regional or federal state planning authority exists, such as e.g. Slovenia, it might be a necessary challenge to strengthen inter-

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municipal cooperation and coordination in spatial planning and to raise the awareness for the supra-local safeguarding of open and green spaces. In particular, the Bavarian Alpenplan shows a strong continuity and effectiveness, since its protective regulations, which are directly binding for subordinate planning processes and approval procedures, remained almost unchanged for five decades.

. Elaboration procedure The example of the Vorarlberg State Green Zone in particular shows that broad public consultation, which also responds to proposals, suggestions and criticism from the population, can secure the acceptance and existence of a spatial planning regulation over decades. In addition to a sound scientific basis, the planning process should therefore also create various opportunities for participation by citizens and relevant stakeholders, whereby the opportunities and risks of proposed spatial planning regulations should be discussed clearly and transparently.

. Criteria for the assessment of projects The planning instruments for steering the development of ski areas in Tyrol, Salzburg and South Tyrol feature criteria, which should form a basis for the assessment of construction projects. Such lists are certainly suitable for defining clear framework conditions for potential projects. At the same time, however, it is doubtful whether these regulations can have a similar effect to concrete area-related planning, which can set precisely defined final development limits for ski areas (e.g. Alpenplan or Quiet Areas). Therefore, the example of the South Tyrol Special plan on Lifts and Ski Slopes, which combines a catalogue of criteria with the definition of roughly delimited ski zones in which potential ski area expansions are supposed to take place, should be particularly emphasised.

. Catalogue of excluded measures and activities While some planning instruments only prohibit measures and activities which are contrary to the intended protection purpose (without giving specific examples), the Bavarian Alpenplan and the Tyrolean Quiet Areas in particular cite clearly defined catalogues of excluded measures and activities. These include above all the construction of (public) roads, cable cars or ski runs and thus limit/prevent settlement activity by regulating the infrastructural development. The concept of Quiet Areas goes a little further and includes not only buildings and infrastructure but also, with the aim of avoiding noise emissions, the prohibition or required authorisation of certain activities, such as the take-off and landing of powered aircraft or the use of motor vehicles.

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Planning Quiet Areas Alpine Quiet Ecological State Green Zone Agricultural Crop Rotation Glacier Cable Car and Ski Special Special Plan on Alpenplan Cantonal SRADDET, Regional Territorial Instrument Areas corridors Provision Areas Areas Protection Resort Programme Programme on Ski Lifts and Ski Structure Plan Green and Blue Government Plan, Programme Con-structions Slopes Frame Regional Ecological Network

France Italy (example: Friuli Switzerland (example: Venezia Giulia) Tennengau, (Ober-) Pinzgau, (Example: Auvergne- Area of application Tyrol Salzburg Salzburg Vorarlberg Tyrol Switzerland Tyrol Tyrol Salzburg South Tyrol Bavaria Valais) Rhône-Alpes)

Large-scale Remaining high- Corridors with Interconnected High potential Areas suitable for Criteria for the Criteria for the Criteria and Designated ski Zoning of Designation of Ecological Ecological network, undeveloped altitude areas high connectivity system of open agricultural areas, agricultural use, size development and development and guidelines for the zones that are previously specific land-use, network, consisting of core, Spatial delimitation landscape without any potential, based spaces between identified by based on the extension of extension of cable development and suitable for undeveloped coordination of consisting of buffer and stepping approach entities that shall specific on a scientific settlements, agreed objective criteria analysis of overall glacier ski areas cards and ski areas extension of ski further areas as well as spatial demands terrestrial stone areas as well be prevented settlement/ analysis on in a consultation (e.g. soil necessary food (suitability, areas constructions in areas with a high on the regional reserves and as e.g. restoration from (mainly infrastructure procedure productivity) supply hazards, line with specific infra-structural level (e.g. corridors as well areas touristic) function ecological criteria degree building zones, as aquatic infrastructural impact) (decentral agricultural elements development. concentration) priority areas)

Specific Municipal spatial Municipal spatial In the State Green On Agricultural The federal level The Programme The Programme The Programme The Plan delimits The Alpenplan Cantonal The regulations The Plan defines planning planning Zone, municipal Provision Areas, determines the designates generally prohibits sets binding ski zones that determines three Structure Plans (règles) are binding objectives Legal enforcement (construction) documents must documents must Land-use Plans municipalities are minimum amount of previously new development of objectives and are designated zones, each with are binding binding for and guidelines for measures and prevent Quiet prevent corridors must not determine only allowed to Crop Rotation Areas undeveloped ski areas and measures (e.g. for this specific a different status documents for subordinate the Regional activities within Areas from other from built-up areas, but designate land-use and their distribution glacier areas as related areas, while prohibition of the use. Projects of protection. public authorities spatial planning Ecological Network. Quiet Areas are land-uses that do developments only specific zoning types that among cantons. protected areas defining development of ski within the Subordinate and therefore documents on Subordinate prohibited or not comply with that impair the predetermined land- are compatible with Cantons must and sets preconditions for areas in previously designated ski regional and especially affect the level of planning bodies require a their purpose permeability. use zoning types. the intended determine the exact principles/ extensions of undeveloped areas) zones are not local planning the contents of municipalities need to assess, agricultural use. location, size and boundaries for existing ski areas. and establishes a permissible a processes and municipal Land- and ag- specify and permission quality of the areas. the extension of working group that priori and further approval use Plans (e.g. glomerations. implement a Local glacier ski areas. conducts pre-checks need a detailed procedures must size of building They must e.g. Ecological Network

on the permissibility approval comply with the zones). further specify at their scale. of projects. procedure. regulations. ecological continuities and corridors.

catalogue of coordination with methodology of public consultation methodology of methodology of citeria catalogue criteria catalogue for criteria catalogue for regional large extent target densities classification and classification and excluded other spatial delimitation procedure analysis and analysis and for the the assessment of the assessment of coordination of for building implementation implementation of Potentially measures and planning delimitation delimitation assessment of projects projects priority zones for area-wide zones of the ecological the ecological transferable activities requirements flexibility for flexibility for projects ski area comprehensive network network municipal spatial municipal spatial open space coordination of pre-checks on the development zoning classification and components large extent planning planning multifunctionality local/regional spatial permissibility of implementation coordination of development with projects assessment and catalogue of of the ecological territorial planning open space open space countrywide construction excluded network with landscape multifunctionality multifunctionality requirements criteria constructions/me planning asures Tab. 1: Comparative summary of the central characteristics and potentially transferable components of the presented spatial planning instruments

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An overall view of the planning instruments examined makes it clear that each of them is designed and suitable for specific spatial-structural situations. In particular, the Bavarian Alpenplan and the Tyrolean Quiet Areas (together with the "classical" nature conservation instruments of large-scale protected areas) have a safeguarding function for large-scale undeveloped landscape entities, which are mainly located above the permanent settlement space (“Dauersiedlungsraum”). At the same time, these hardly safeguard open spaces in valley areas, which are characterised by more intensive settlement development pressure. Other instruments are therefore more suitable for these valley areas, for which more intensive conflicts of use between settlements, infrastructure, agriculture and nature conservation exist due to the limited availability of land in the permanent settlement space. This can be implemented either through designated open space approaches (e.g. State Green Zone, Agricultural Provision Areas, Crop Rotation Areas) or ecological (wildlife) corridors (e.g. Green and Blue Frame, Regional Ecological Network), which, on the basis of appropriate preliminary studies, safeguard selected, rather small-scale areas to such an extent that they are at least kept free of building development. In order to safeguard all kinds of near-natural and semi-natural open spaces, which are of importance to the establishment/preservation of an area-wide interconnected alpine open space system, there is therefore the need to apply a combination of the available planning tools. Comprehensive spatial development programmes might pose an opportunity to integrate, accompanied by a strategic spatial development vision, a mix of adequate spatial planning tools.

4 Conclusion

The present report has analysed and discussed a selection of spatial planning instruments, with a focus on the identification of transferable components. The main conclusion is that the planning instruments presented here each have different strengths for safeguarding open spaces in different spatial-structural contexts. Consequently, successful area-wide open space safeguarding depends on the combination of different instruments and components in order to elaborate solutions for significant open spaces of all kinds in different landscape and settlement structural contexts (e.g. undeveloped high mountain areas, high mountain areas used for tourism, extensively agricultural alpine pastures, intensively developed valley areas, moderately developed side valleys, etc.). This should be taken into account when complementing or enhancing the capacities of existing spatial planning approaches in the Alpine states and regions, in order to achieve the long-term development of an interconnected open space system, safeguarded by integrative spatial planning designations.

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D.T1.2.1: Presentation of proposed methods and planning approaches for transnational case study areas

Author(s) Constantin Meyer M.Sc. University of Wuerzburg, Chair of Geography and Regional Science (JMU) contact: [email protected] contributions by OpenSpaceAlps project partners

Layout Felix Schlereth, Constantin Meyer M.Sc. University of Wuerzburg, Chair of Geography and Regional Science (JMU)

July 2020 updated November 2020

OpenSpaceAlps project partners:

OpenSpaceAlps – Sustainable development of alpine open spaces by enhancing spatial planning governance https://www.alpine-space.eu/projects/openspacealps/en/home