Water area

The determination of the water space at the above-ground waters is intended to ensure the space necessary to ensure the natural functions of the waters, the protection of floods and the use of water. For this purpose, the Federal Water Protection Ordinance (GSchV) determines how large the water space must be at least (Art. 41a and 41b GSchV). The water space must be increased where this is necessary to ensure flood protection, revitalisation, as well as the overriding interests of nature and landscape conservation and the use of water. In the water area, only site-based buildings and installations in the public interest may be constructed. In densely constructed areas, the water area can be adapted to the structural conditions provided that protection against floods is guaranteed or the authority may grant derogations for zonal-compliant buildings and installations, provided that no overriding interests conflict. Legally constructed and intended to be used buildings and installations in the water area are in principle protected in their stock. The water area may only be extensively designed and managed (Art. 41 c CPR) As long as the water area is not defined, the transitional provisions of the GSchV directly and legally bindingly regulate the design of the shore strips to be kept by buildings and installations. The water spacing of 5 metres in accordance with § 21 of the Cantonal Water Management Act (WWG), remains valid until any adaptation of the WWG even with the determination of the water area. After initial recording, the data will be transferred to the ÖREB cadastre.