Snow of Tomorrow | Paths to the Outdoors - Freedom of the Paths - Path Requirement - Prohibition of Trespassing

Wege ins Freie - the Alpine Club's claim - stands for mountain adventures, experiencing nature, relaxing in huts, spending time with the family, having fun with friends - for taking your own individual "paths into the great outdoors".

But what do we need to bear in mind? Contrary to popular belief, there is no general right to free access to nature in Austria. Nevertheless, the legal situation is quite good.

In accordance with §33 of the Austrian Forestry Act, freedom of movement applies throughout Austria in the forest, i.e. hikers are allowed to go anywhere in the forest area - with some restrictions, such as in young growth areas up to 3m high - including off the trails.

Mountain biking and horse riding are prohibited in Austria's forests - even on forest roads. Cycling and horse riding are only permitted on forest roads that have been specially cleared for this purpose. Camping in the forest is also prohibited.

Ski touring, i.e. the one-time ascent and one-time descent, is again included in the freedom of movement. This means that ski touring in the forest is permitted.

What is not permitted, however, is multiple descents on skis in the immediate vicinity (500 m to the right and left) of ski lifts and ski slopes. This means that classic freeriding is prohibited in Austria's forests near lifts and pistes.

What about free access above the tree line?

In Austria, there is no federal law such as the Forest Act for the alpine Ödland (this is how the area above the tree line is often referred to), but regulations on this can be found in the respective state laws. Here, too, the situation is not bad for us recreationists.

Vorarlberg: Law on the construction and maintenance of public roads and on freedom of access

§ 34 "Freedom of access in unproductive areas" states that unproductive land, with the exception of buildings, may be entered by pedestrians at any time and used for skiing or tobogganing without the consent of the landowner, provided that it is not fenced off or designated as fenced off by signs or similar measures. Such fencing or barriers are only permitted if they are economically necessary.

Salzburg: Law on freedom of movement in mountain areas, original version1970

The law distinguishes between wasteland and alpine and grazing areas. §Section 5 stipulates that tourist traffic is permitted in pasture and alpine areas above the upper forest line insofar as this does not damage the alpine and pasture economy; the alpine and pasture area below the upper forest line, on the other hand, may only be entered on the generally accessible paths. The wasteland above the forest area is open to tourist traffic and can be entered by anyone. In turn, wasteland that has been built on or cultivated may not be entered.

Upper Austria: Provincial law for the promotion of tourism in Upper Austria (Upper Austrian Tourism Act 2018)

§59 states that wasteland above the tree line and outside the pasture area, unless it has been built on or cultivated or fenced in, is free for pedestrian traffic.

Carinthia: Law of March 22, 1923 (original version) on the freedom of way in mountain areas

In §5 it is regulated that the wasteland outside the forest, pasture and mowing area is free for tourist traffic and can be entered by anyone.

Styria: Law of 28. October 1921, concerning the freedom of way in the mountains

§3 states that "the wasteland above the tree line, with the exception of areas used for agricultural purposes other than grazing (alpine pastures), is free for tourist traffic and can be entered by anyone."

For Tyrol and Lower Austria as well as Vienna and Burgenland there are no explicit legal regulations regarding rights of way and freedom of access in mountain areas.

In Vienna and Burgenland, this is due to the topography of the two federal states.

In Tyrol and Lower Austria, hiking, ski touring, mountaineering and climbing have been practised as a matter of course for generations, which is why "customary law" is invoked.

Recreation seekers and foragers sometimes get in each other's way in the wintry mountains.

LH

Restriction of freedom of access

Different categories of restricted areas can restrict free access in terms of time and location, both in the forest and in the mountains. These closures are based on hunting, natural history, forestry and military considerations. However, (only) standardized signage is permitted as identification for any type of closure! In the restricted areas listed, the free choice of route is not permitted, but there is usually a path requirement, i.e. recreationists must stay on the existing paths and may enter the restricted area on these - this also applies to standard ski touring routes and cross-country ski trails!

Recreationists experience a restriction on the freedom of routes in the forest, especially in winter, due to the provisions of the individual hunting laws. As these access restrictions are named differently and handled differently in all federal states and in all hunting laws, it makes sense for non-hunters to take a look at the individual hunting laws. As a general rule, all these restrictions are limited in time and place. In addition, these restricted areas must be marked with standardized signs, which must be removed immediately after the end of the closure.

In addition to these legally binding restricted areas, there are a wide variety of visitor guidance programs. The Alpine Club has been involved in the development of several such programs. All pursue the declared aim of ensuring conflict-free coexistence on the mountain. In addition to ski touring parking lots and forest aisles, voluntary wildlife rest areas are part of these visitor guidance programs. These areas are set up to protect our animal habitat partners and should be avoided by winter sports enthusiasts out of consideration for the weakest members of the group.

Birgit Kantner is an employee of the ÖAV Spatial Planning and Nature Conservation Department and is professionally involved with visitor guidance programs in terms of nature and wildlife conservation.