1Der Bund legt Grundsätze über Fuss-, Wander- und Velowegnetze fest.
2Er kann Massnahmen der Kantone und Dritter zur Anlage und Erhaltung solcher Netze sowie zur Information über diese unterstützen und koordinieren. Dabei wahrt er die Zuständigkeiten der Kantone.
3Er nimmt bei der Erfüllung seiner Aufgaben Rücksicht auf solche Netze. Er ersetzt Wege, die er aufheben muss.
Art. 88 FC regulates the Confederation's competence for footpath, hiking trail and cycle path networks in three areas. The article arose from the popular initiative of 1979 and was extended to include cycle paths in 2018 (FGB 2018 7891).
Establishing principles (para. 1): The Confederation may create general rules for path networks. It exercised this competence through the Federal Act on Footpaths and Hiking Trails (FAHT) and the Federal Act on Cycle Paths (FACP). Footpaths are connections for pedestrians (art. 2 FAHT), hiking trails serve recreation (art. 3 FAHT). Cycle paths are separate roadways for bicycles and muscle-powered vehicles.
Support and coordination (para. 2): The Confederation may financially support cantons and private parties in the construction and maintenance of paths. It may also coordinate various projects with one another. However, the cantons remain responsible for concrete planning and construction.
Consideration and replacement (para. 3): When the Confederation plans its own projects, it must take existing path networks into account. If it must abolish paths, it is obliged to construct replacement paths. This obligation applies regardless of who owns the path land (BGE 130 III 182 consid. 5.5.1).
Example: During the renovation of the East Tangent Basel, the Confederation had to examine how disappearing footpath connections on the Schwarzwald Bridge could be replaced (FAC A-4598/2022 of 29.1.2025). The cantons must create cycle and footpaths in residential areas (art. 3 para. 3 lit. c SPA).
N. 1 Art. 88 Cst. represents the successor provision to Art. 37quater old Cst., which was inserted into the Federal Constitution in 1979 (Kern, BSK BV, Art. 88 N. 1). The constitutional article formed the basis for the Federal Act on Pedestrian and Hiking Trails (FAPT) of 4 October 1985. The constitutional revision of 1999 adopted the substance of the predecessor provision largely unchanged.
N. 2 With the acceptance of the direct counter-proposal to the cycling initiative on 23 September 2018, Art. 88 Cst. was extended to include cycling networks (BBl 2018 7891). This extension led to the adoption of the Federal Act on Cycling Paths (FACP) of 18 March 2022, which realises the equal treatment of pedestrian, hiking and cycling paths at constitutional level.
N. 3 Art. 88 Cst. is located in the 3rd section of the Federal Constitution on Confederation, Cantons and Communes under Title 4 «Environment and Spatial Planning». The provision is in close systematic connection with the transport constitution (Art. 82 ff. Cst.), but differs through its focus on non-motorised transport (Kern, BSK BV, Art. 88 N. 3).
N. 4 The provision shows cross-connections to other constitutional norms: → Art. 75 Cst. (spatial planning) requires the appropriate and economical use of land, which includes the provision of path networks for non-motorised transport. ↔ Art. 78 Cst. (protection of nature and cultural heritage) stands in tension with the construction of new paths, which must be considered in the interpretation of Art. 88 Cst. (Griffel, Verkehrsverfassungsrecht, 2008, p. 45).
N. 5Pedestrian and hiking trails: The FAPT defines pedestrian paths as connections that primarily serve pedestrian traffic (Art. 2 FAPT). Hiking trails, in contrast, are pedestrian connections that primarily serve recreation (Art. 3 FAPT). The distinction is relevant for the requirements for construction and maintenance (Kern, BSK BV, Art. 88 N. 7).
N. 6Cycling paths: With the constitutional revision of 2018, cycling paths were made equal to pedestrian and hiking trails. The FACP defines these as traffic routes intended for bicycles and other muscle-powered vehicles that are separated as far as possible from motorised traffic.
N. 7Network character: The term «networks» implies connected, continuous path connections. Isolated path sections do not meet the requirements of Art. 88 Cst. (Keller/Hauser, Verfassungsgrundlagen des Langsamverkehrs, 2006, p. 23).
N. 8Basic competence (para. 1): The Confederation receives competence to establish principles, but not for comprehensive regulation. The cantons remain responsible for the concrete planning, construction and maintenance of path networks (Kern, BSK BV, Art. 88 N. 10). The federal legislator has made use of this competence through the enactment of the FAPT and the FACP.
N. 9Support and coordination task (para. 2): The Confederation can act subsidiarily by financially supporting or coordinating cantonal and private measures. This power is optional («may») and expressly preserves cantonal competences (Kern, BSK BV, Art. 88 N. 12).
N. 10Duty to give consideration (para. 3): The Confederation is subject to a qualified duty to give consideration in the performance of its tasks. The replacement obligation upon abolition of paths concretises this duty. In BGE 130 III 182 E. 5.5.1, the Federal Court held that the replacement obligation exists independently of ownership of the path ground and is governed by the functional criterion of network preservation.
N. 11Scope of replacement obligation: In doctrine, it is disputed whether the replacement obligation under para. 3 applies only to formally classified paths or to all connections that factually serve non-motorised transport. Schmid (FS Kaufmann, 1989, p. 334) advocates a broad interpretation, while Häner (Strassenrecht, 2008, p. 190) argues for restriction to inventoried paths. The Federal Administrative Court tends towards extensive interpretation (Judgment A-4598/2022 of 29.1.2025).
N. 12Relationship to environmental protection: The weighting between path expansion and nature conservation is controversially discussed. Griffel (Verkehrsverfassungsrecht, 2008, p. 47) emphasises the precedence of environmental protection, while Keller/Hauser (Verfassungsgrundlagen, 2006, p. 45) advocate for equal ranking of constitutional goods. Practice shows case-by-case balancing of interests (BGE 1C_217/2023 of 21.11.2024).
N. 13 In planning infrastructure projects, early involvement of cantonal specialist offices for pedestrian and hiking trails as well as for cycling traffic is essential. The replacement obligation under para. 3 also applies to temporary construction site installations, which makes diversion concepts mandatory.
N. 14 Municipalities must observe the requirements of Art. 3 para. 3 lit. c SPA in land use planning, which prescribes consideration of pedestrian and hiking trails. The legal securing of path rights ideally occurs through registration in the land register as an easement (OGVE 2018/19 No. 73).
N. 15 The coordination duty under para. 2 manifests itself in practice through Swiss Hiking Trails and SwitzerlandMobility as national coordination centres. Federal contributions require compliance with quality standards according to Art. 6 para. 2 FAPT or the corresponding provisions of the FACP.
#Planning Principles and Design of Footpaths and Cycle Paths
1C_486/2019 of 16.10.2020
Road project for footpath and cycle path connection between Hubertusstrasse and Grütlistrasse in St. Gallen. The Federal Supreme Court confirms the constitutional basis of Art. 88 FC for the construction of footpaths and cycle paths in settlement areas.
«In view of this, the lower instance was entitled to affirm a public interest in the route after considering the local conditions, because it contributes to a diverse and sufficiently dense path network in the settlement area. [...] In applying the cantonal road legislation, the lower instance correctly took into account the planning principle of Art. 3 para. 3 lit. c SPA regarding settlement areas, according to which cycle paths and footpaths are to be preserved and created (see also Art. 88 FC).»
1C_217/2023 of 21.11.2024
Footpath and hiking trail project along the Bünisbach between Herrliberg and Meilen. The Federal Supreme Court clarifies the significance of Art. 88 FC as a constitutional basis for intercommunal path projects and their environmental law limits.
«The new footpath and hiking trail aims, on the one hand, to make the Bünisbach ravine accessible as a recreational area, and on the other hand creates a footpath connection between adjacent residential areas of Herrliberg and Meilen as well as to the Stöckenweid Foundation.»
#Replacement Obligation for National Highway Projects
A-4598/2022 of 29.1.2025 (FAC)
Planning approval for noise remediation of the Osttangente Basel with impacts on footpath connections. The Federal Administrative Court concretises the replacement obligation according to Art. 88 para. 3 FC for national highway projects.
The Association for Pedestrian Traffic Switzerland demanded real replacement for the eliminated underwater-side footpath connection on the Schwarzwald Bridge in consultation with the cantonal office for footpaths and hiking trails. The Federal Administrative Court confirmed the obligation to examine replacement measures when abolishing existing footpath connections.
#Competences and Maintenance Obligations in the Hiking Trail Network
AGVE 2010 Nr. 29 of 4.6.2010 (Administrative Court AG)
Maintenance responsibility for bridges in the cantonal hiking trail network. The Aargau Administrative Court clarifies the division of competences between canton and municipalities for hiking trail infrastructure.
«The canton must only maintain those hiking trails of the cantonal hiking trail network that serve no other purpose or have no other (development) function.»
OGVE 2018/19 Nr. 73 of 19.12.2022 (Administrative Court OW)
Responsibility of the municipal corporation for the legal securing of public access to footpaths and hiking trails. The Obwalden Administrative Court specifies the municipal obligations to secure path rights.
«The municipal corporation is responsible for the legal securing of public access to the footpaths and hiking trails located in the municipality. As assurance, the municipal corporation can acquire a right of way or a right to maintain the paths as limited rights in rem and have them entered in the land register.»
ARGVP 1991 Nr. 1212 of 26.2.1991 (Government Council AR)
Permissibility of barrier devices on public footpaths. The Government Council of Appenzell Ausserrhoden decided on the compatibility of a «Stapfete» with the free use of footpaths.
The decision concretises the requirements for free accessibility according to Art. 6 para. 1 lit. b FTA as implementing provisions to Art. 88 FC, according to which path rights may not be impermissibly impaired.