Facts
On June 7, 1998, the eligible voters of the Canton of Zurich adopted a cantonal forest law (KWaG). Its § 2 sets the minimum requirements for the recognition of an area as a forest:
- 800 m2 of area including a suitable forest edge
- 12 m width including a suitable forest edge
- 20 years of age for areas of natural regeneration
Josef Gunsch and three co-participants file a constitutional complaint to have this provision repealed, as it is alleged to violate the federal legal concept of a forest.
Considerations
The Federal Supreme Court dismisses the complaint. It finds that the cantonal regulation is incomplete and ambiguous, as it does not adequately consider the qualitative concept of a forest under federal law. Nevertheless, it can be interpreted and applied in conformity with federal law.
The Federal Supreme Court states that the quantitative criteria of the Canton of Zurich are subject to the qualitative criteria of federal law. Even though the Zurich provision schematically adopts the highest possible…