Commentaries: Art. 41b

The width of the space provided for waters must amount to at least 15 m measured from the shoreline.
The width of the space provided for waters calculated in accordance with paragraphs 1 must be increased where this is required to guarantee:
1. protection against flooding;
2. the space required for rehabilitation;
3. overriding interests of the nature- and landscape conservation;
4. the use of the waters.
The width of the space provided for waters may be adapted to the structural conditions in densely built-up areas provided protection against flooding is guaranteed.
In the absence of any overriding interests to the contrary, determining the space provided for waters may be dispensed with if the waters:
1. are located in forest or in areas, that are not designed mountain- or valley areas in accordance with the agriculture legislation in the arable land register;
2. have a surface area of less than 0.5 ha; or
3. are artificially laid out.