Necessary Amendments to the Markaloven (Marka Act): Modernizing the Law for Oslo’s Forested and Hilly Surroundings

Maintaining the Geographical Scope of the Marka Act

The Ministry’s proposal emphasizes retaining the current geographical scope, known as the “Marka boundary,” which is defined directly in the Act. This boundary encompasses the forested and hilly terrain surrounding Oslo, including areas such as Nordmarka, Østmarka, Lillomarka, and others. While there is broad support for maintaining this boundary, the ongoing revision also presents an opportunity to make targeted adjustments to the statutory limits. The boundary was first delineated as early as 1986, although the Act itself was enacted in 2009. Making necessary adjustments through legislative amendment can also reduce the need for minor changes via regulations.

Clarifying the Construction Ban in Marka

A key goal of the revision is to make the Act easier to understand and apply. One of the most significant proposed changes is the clarification of the construction ban within Marka, including which exceptions apply and how different types of cases should be handled. According to the Ministry, there are approximately 4,600 year-round or holiday homes within Marka. The proposal to allow minor construction projects on or near existing buildings without requiring an application under the Marka Act has been welcomed by cabin owners, who emphasize that these cabins are an integral part of recreational life in Marka. These changes would make it easier to maintain existing buildings without undermining the Act’s objectives.

Codifying Permitted Activities

The proposal also seeks to codify several activities that Parliament has previously allowed through municipal plans, such as limited dispersed development near existing settlements in Sørkedalen and Maridalen, parking facilities for recreational access, and accommodation and dining establishments. We believe this clarification will make it easier for both municipalities and users to navigate the regulatory framework. In our view, this streamlining will also promote outdoor recreation and nature experiences, consistent with the Act’s purpose.

Activities permitted by municipal plans will still require special approval under the Marka Act. Such approvals must be justified, and there will no longer be specific conditions for granting permission. This approach appears to strengthen the municipality’s authority over land use within Marka, but final municipal planning decisions will not have legal effect without confirmation from the Ministry. This safeguard ensures that no plans are adopted contrary to the Act’s objectives and promotes consistent practice.

Agricultural Construction Projects and the Marka Act’s Scope

Finally, we welcome the Ministry’s request for input on the best approach to construction and development projects in agriculture. Agriculture is an important part of Marka’s identity, and the possibility of excluding agricultural construction projects from the Marka Act’s scope—as has also been proposed for energy projects requiring a license—could strengthen both agriculture and the Act’s objectives. In some cases, agricultural roads are subject to planning requirements, which do not necessitate changes to the Marka Act. Where planning requirements apply, agricultural roads will be treated in the same way as other regulated projects under the Act.

Looking ahead

The proposed amendments to the Marka Act represent a step toward a more modern and accessible legal framework for the forested and hilly areas surrounding Oslo. These changes aim to balance the needs of property owners, municipalities, and recreational users while safeguarding the unique natural environment that Marka provides.

How We Can Help

Navigating the evolving legal landscape of the Marka Act and its implications for land use, property development, and recreational activities in the Oslo region can be complex. Our team of experienced real estate and environmental lawyers is here to provide you with tailored legal advice, whether you are a property owner, developer, or municipality. We can assist you in understanding the latest legislative changes, securing necessary permits, and ensuring compliance with all statutory requirements.