Klimaanpassungsrecht in der Schweiz

In Switzerland, climate adaptation is establishing itself as the second pillar of climate law alongside climate protection. This gives rise to approaches for the systematization of climate adaptation law as a classic form of administrative law. Relevant standards can be found at federal level in climate-protection and CO2-legislation. However, the role of the Federal government is primarily to provide financial support to the cantons in the maintenance of protective forests. Of particular interest from an administrative law perspective are the cantonal regulations on climate adaptation planning and the integration of climate adaptation into spatial planning and building regulations. The Climate Act of the canton of Fribourg is exemplary. The canton of Zurich has issued important legal provisions on climate-adapted settlement development. Police law plays an important role in the resettlement of people as a result of natural hazards. Entry and use bans can be based on this. Climate adaptation is thus embedded in classic administrative law structures. In contrast, the material conflicts of objectives remain unresolved: cost considerations and serious restrictions on fundamental rights when maintaining or clearing settlements as well as the simultaneous densification and greening of the settlement area.