Ski touring and cross-country skiing in forests: what sections 33 and 34 ForstG provide for forest roads, routes, trails and closures.
Mag. Christopher Angerer, Rechtsanwalt
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For ski touring and cross-country skiing, the starting point in a forest is the statutory right to enter for recreation. Section 33 ForstG sets clear limits and also regulates descents in the area of ascent facilities and the use of prepared trails.
A forest road is not automatically excluded from recreational access simply because it is a forest road. A marked closure, an official access ban or a special type of use can change the assessment.
This article explains the public-law rules under sections 33 and 34 ForstG. Accidents, piste safety and private rights to use a specific access road require a separate assessment.
Choose the use and check the decisive distinction.
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The use determines which rule in section 33 ForstG comes first.
Section 33(3) ForstG permits cross-country skiing without a prepared trail when the necessary care is used. A closure under section 34 or an access ban may exclude the use.
Next step: record the route, notices and any closure period.
Section 33(1) ForstG permits entry into the forest for recreation, subject to the exceptions in sections 33(2) and 33(3) and section 34 ForstG. A forest road alone does not remove recreational access.
Next step: check whether a statutory exception or properly marked closure applies.
A visible closure or access ban must be clarified before use. Section 34 ForstG distinguishes temporary and permanent closures and requires a statutory basis for the relevant form of closure.
Next step: save the sign, reason, start and end, and the affected access point.
In the area of ascent facilities, section 33(3) ForstG allows skiing descents only on marked pistes or ski routes. The marking identifies the permitted descent route. A separate closure must still be observed.
In the area of ascent facilities, section 33(3) ForstG permits skiing descents only on marked pistes or ski routes. An unmarked descent in the forest is outside that permission.
Next step: document the lift area, markings and notices at the access point.
A marked trail or ski route shows the intended type of use. Cross-country skiing without a prepared trail remains permitted with the necessary care. Creating and using a prepared trail requires the forest owner’s consent under section 33(3), unless that consent is visibly given.
For a permanent closure under section 34(3) ForstG, the forest owner must enable a detour. If a direct detour cannot be created, permitted routes and access points must be marked or made accessible through gates or steps where fencing is used.
Next step: record the detour and its connection to the marked route.
The scope of a closure depends on its legal basis. Within a closure under section 34(1) or an access ban under section 33(2)(c), paths may not be left under the conditions in section 34(9). The sign at the access point and the actual route layout therefore matter.
Under section 33(1) ForstG, everyone may enter and stay in a forest for recreation. The right is subject to the exceptions in sections 33(2) and 33(3) and section 34 ForstG. An ascent with touring skis therefore falls within recreational use as long as no statutory exception or closure applies.
The exceptions include forest areas subject to an official access ban, certain forestry facilities, and reforestation or new afforestation areas while the growth remains below three metres. Forest roads are expressly excluded from the facility exception in section 33(2)(b).
Section 33(3) ForstG distinguishes recreational use from use beyond recreation. Camping, staying overnight, driving or riding require consent. For a forest road, consent must come from the person responsible for maintaining it. This does not create a general right to drive a vehicle on the forest road.
For descents with skis in the area of ascent facilities, marked pistes or ski routes are required. Cross-country skiing without a prepared trail is permitted with the necessary care. Creating and using a prepared trail requires the forest owner’s consent. Consent may be limited to certain uses or periods and is deemed given when the permission and its scope are shown under section 34(10).
Under section 34(1) ForstG, the forest owner may exclude a forest from recreational use temporarily or permanently. Temporary closures are limited to the reasons listed in section 34(2), such as construction, timber harvesting, unprocessed windthrow, pest control or scientific purposes. Permanent closures are limited to the areas listed in section 34(3).
A temporary closure lasting more than four months and a permanent closure covering more than five hectares also require approval by the authority under section 34(4). Closed areas must be marked with notices at the relevant access points. This includes points where forest roads and marked ski routes, pistes or trails enter or directly border the closed area. A temporary closure must show its start and end.
The scope of a closure depends on its statutory basis. Section 34(7) extends certain closures to non-public paths. Existing rights of use remain unaffected in the situation described there. It does not create a general invitation to bypass a closure through the forest.
For a permanent closure under section 34(3), section 34(8) requires the forest owner to enable a detour. If a detour cannot be created, permitted paths and access points must be marked or, where fencing is used, made accessible through gates or steps. Within a closure under section 34(1) or an access ban under section 33(2)(c), paths may not be left under the conditions set out in section 34(9).
Before the tour: Check the notices at the access point, the reason for the closure and, for a temporary closure, its start and end. Record whether you are using a marked ski route, trail or forest road.
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