Which trails on Zurich's local mountain, the Uetliberg, are mountain bikers allowed to ride on and which are not? The situation has never been as clear as Grün Stadt Zürich (GSZ) makes it out to be. Even the various guidelines communicated by the municipal authority contradict each other. Part of a campaign in spring 2022 ("Am Wald z'lieb") was the aforementioned rule that biking was only permitted on roads and official bike routes. However, the information sheet "Cycling on the Uetliberg", which was also circulated by GSZ, states: "Cycling is permitted on forest roads, but prohibited on trails and paths with steps." There are various paths on the Uetliberg that are not just trails and do not contain steps.

More importantly, both GSZ rules contradict the Forest Act of the Canton of Zurich. This states: "Horse riding and cycling in the forest are only permitted on roads and paths. Exceptions are regulated by the municipality." The Forest Ordinance of the same canton specifies: "Back roads and trails are not considered paths according to § 6 of the Forest Act." Between trails and forest roads, a wide selection of paths remains.

In view of this legal situation, it is unclear why mountain bikers were fined on certain paths on the Uetliberg. Two did not accept their fines and appealed against them: Alec Wohlgroth and Matthias Lüscher. However, they were not intercepted by a law enforcement officer on a trail ride. They produced a report for Swiss television in which they were seen biking on Alec's favorite trails. If you don't know about this affair or want to read up on it, you can find the relevant links below.

State Office contradicts Green City of Zurich

The two bikers were reported by Willy Spörri, Uetliberg municipal forester - as a private individual. No authorities took action on their own initiative. Wohlgroth and Lüscher each received an invoice for 500 francs, 100 francs for each route they had ridden. Their appeal against the fines led to the first legal discussion about where mountain bikers are allowed to ride on the Uetliberg. Because the offenses had taken place on the territory of the municipalities of Zurich and Stallikon, the Statthalteramt Affoltern am Albis took over this task after the two separate proceedings were merged. Its conclusions are also binding for the city of Zurich. The decision is available to Ride in written form. However, it is not public.

The conclusions are pleasing for trail enthusiasts: trails that are listed on topographical maps and are suitable for mountain biking may be used. This makes it clear that the rules issued by Grün Stadt Zürich do not comply with the applicable law.

According to the governor's office, the two articles of the Zurich Forest Act and the Forest Ordinance already cited are decisive, as well as an article from the Federal Act on Forests (the cantons are obliged to ensure that the forest is accessible to the general public). The fourth element is the famous Article 43 of the Road Traffic Act, according to which bicycles may not be ridden on paths that are not suitable for this purpose. Several legal rulings state that the reverse is also true, according to which riding on a suitable path is legal (provided there is no official ban on riding on the path in question).

Recent appeal by mountain bikers - decision not yet final

The governor's office agrees with the two mountain bikers on some points, but not on others. The decision is a penalty order, and riding on several trails is also prohibited according to the decision of the second instance. Alec Wohlgroth and Matthias Lüscher have now appealed against the penalty order issued by the Statthalteramt Affoltern am Albis - in the hope of being able to "legalize" further single trails on the Uetliberg.

Wohlgroth does not hide his delight at what has been achieved so far: "We are very happy with how far we have come in recent years. This means that mountain bikers' desire for freedom remains protected from new arbitrary rules. In principle, I am in favor of regulations that are as liberal as possible, whereby courteous respect in the forest counts the most! The decision by the governor's office shows the direction in which a future revision of the Forest Act could be shaped. We still want to challenge two details in court in the hope that there will be even more clarity for everyone in future. However, we are still keeping the details to ourselves."

As a result, the proceedings have not yet been concluded and the decision of the district administrator's office is therefore not legally binding. This would be the case if Wohlgroth and Lüscher withdrew their appeal. However, it is also clear that the penalty order and the legality of mountain biking on certain paths on the Uetliberg derived from it is not a mere opinion, it does not stem from a party opinion, but has been drawn up by an authority and is legally sound.

On the one hand, the argumentation of the governor's office, which can be summarized as follows, is remarkable: The maps of the Federal Office of Topography were decisive for the legal qualification as a path. The designation as a hiking trail does not exclude use by mountain bikers. Almost any trail is now suitable for experienced bikers. They are just not allowed to endanger other trail users. A fine is only justified if it was obvious that a path is reserved for pedestrians.

On the other hand, it is interesting that the city of Zurich, or more precisely the Grün Stadt Zürich authority and the mountain bike association Züritrails that works with it, set rules that are not legally tenable. The question also arises as to what legal basis the police have for fining mountain bikers. What is legal and what is not was only clarified in 2022 by the Statthalteramt Affoltern am Albis.

Riding trails and building trails yourself remain illegal

And finally this: Leaving trails while riding a mountain bike remains illegal, as does building trails on your own. And the district court also maintains the argument that trails with steps are not suitable for mountain biking - which, however, contradicts its own statement that the biker's riding ability determines whether a trail can be considered suitable. As a third instance, the district court will hopefully also clarify this question.