Legal basis for torrent and avalanche control

Avalanche control structure at Obergurgl
Photo: BMLUK / Alexander Haiden

he protection against natural hazards ensured by the Torrent and Avalanche Control departments requires a contemporary legal basis. Legal continuity is ensured by incorporating key provisions of the historic "Torrent Control Act," which was repealed as part of the legal consolidation, into the Forestry Act.

Forestry Act

The provisions of the 1975 Forestry Act on "Protection against Torrents and Avalanches" (§§ 98 ff.) regulate the following topics: Definition of torrent and avalanche control measures Definition of the "field of work" of torrent and avalanche control Forest management measures in catchment areas Preventive measures in catchment areas and torrent clearance Organization and tasks of the departments Torrent and avalanche register In addition, § 11 of the Forestry Act contains detailed regulations on hazard zone plans, which must be drawn up by the Federal Minister for Agriculture, Forestry, Climate and Environmental Protection, Regions and Water Management in cooperation with the torrent and avalanche control departments, the federal states, and municipalities.

Regulation

Based on the above-mentioned provisions of the Forestry Act the following ordinances were adopted:

  1. The Ordinance on Administrative Departments in Torrent and Avalanche Control (“Wildbach- und Lawinenverbauung-Dienststellenverordnung”) contains provisions concerning the headquarters and the local competence of the individual Provincial Headquarters (“Sektionen”) and Regional Headquarters (“Gebietsbauleitungen”) of the Forest Engineering Service in Torrent and Avalanche Control.
  2. The Ordinance on the Tasks of the Administrative Departments and the Federal Ministry in Matters concerning Torrent and Avalanche Control (“Verordnung über den Aufgabenbereich der Dienststellen und des Bundesministerium in Angelegenheiten der WLV”) contains a list of the relevant tasks of the Regional Headquarters, Provincial Headquarters and the Federal Ministry.
  3. The Ordinance on the Hazard Zone Plans according to the Austrian Forest Act (“ForstG-Gefahrenzonenplanverordnung”) contains detailed provisions on the content, form and design of hazard zone plans.

Decree

The decree of September 23, 2024, amending the legal situation regarding torrent surveys pursuant to Section 101, Paragraph 6 of the Forestry Act sets out more detailed enforcement regulations regarding the monitoring and surveying of torrents by the municipality.