The previous Obwalden Forest Act dates back to 1960, and many things have changed in the forests between Brünig and Pilatus since then. Among other things, mountain biking has been added. The new forest law aims to do justice to this fact, whereby the authorities are particularly concerned about unauthorized routes. The law stipulates that such trails may only be created with a permit - although this was already the case before, it is now written in black and white in the Forest Act.

According to Article 14 of the draft law, "Cycling and horse riding in the forest is only permitted on forest roads and paths and on specially marked and authorized trails." The definition of a path is "existing and permanently established paths". This does not include logging roads, trails or temporarily open aisles and the like. Translated, this means: The canton of Obwalden is opening up its entire network of hiking trails to mountain bikers at the legislative level. This means that mountain biking is generally permitted in the canton of Obwalden on single trails marked as hiking trails.

This makes Obwalden a pioneer in Switzerland. Many cantons do not regulate mountain biking or do not do so explicitly, while others have the same or a similar legal text to Obwalden on their books. For the first time, however, a cantonal authority is specifying in writing what it understands by "trails". "Permanently established paths" clearly refers to the entire network of hiking trails.The consultation on the law will continue until May, and according to the dispatch, the regulation should come into force this year.

Excerpt from the explanatory report of the Department of Construction and Spatial Development

Art. 14 includes "biking" and horse riding, two topics that were not regulated in the Fostering Ordinance. Mountain biking in particular has become so important in the forest that it can no longer be ignored. For example, downhill trails or bike trails have been set up in the forest or publicized on the Internet without first contacting the forest owners or the responsible forestry service. Such trails can cause damage to the forest stand or adversely affect flora and fauna. Another problem with unauthorized slopes are liability issues relating to possible accidents. If footpaths and hiking trails, Vita-Parcours, nature trails and the like are nearby, conflicts can also arise with their users. In summary, the current situation is unsatisfactory for two reasons. On the one hand, unauthorized slopes can damage or impair third-party property (the forest always belongs to someone), and on the other hand, there are various public interests (forest conservation, wildlife, protected areas, safety on hiking trails as examples) that are not always sufficiently taken into account.
The new regulation in para. 1 does not prohibit cycling and horse riding in the forest, but restricts it to forest roads and paths or special slopes. The term "paths" refers to existing and permanently established paths. This does not include forest back roads, trails or temporarily open aisles and the like. Specially marked trails" include bridleways or bike paths that are specifically designed, created and marked in the terrain for these sports. A permit requirement must be introduced for such paths and trails so that the cantonal authorities (in particular the forestry service), the municipalities, forest owners and any other affected parties have the opportunity to express their views and, if necessary, formulate requirements or conditions. In addition, it must be possible to keep particularly sensitive areas completely free of such installations, based on Art. 14 para. 2 let. a WaG5 . The necessary permits should be issued by the BRD. Slopes approved in this way can be included in concepts/plans or otherwise publicized. This procedure offers legal certainty and promotes acceptance both on the forest side and among athletes and the public. The aim should be to provide attractive biking and riding trails without compromising forest conservation or other forest users.