Facts
The municipality of Port-Valais has put a project for the revitalization of the Benna watercourse, affecting a total area of 26,811 m2, of which 18,920 m2 are agricultural land (SDA), out for public consultation. The Valais State Council has approved this project and rejected the objections filed by A. and B.
A. and B. appealed to the Federal Tribunal, requesting the annulment of the cantonal decision. They contested in particular the treatment of the issue of agricultural land, arguing that the designated compensation areas were neither new nor of sufficient quality.
Considerations
The Federal Tribunal dismissed the appeal, considering that even if the canton of Valais did not have the minimum quota of agricultural land set by the federal sectoral plan, the compensation provided for in the context of the revitalization project was in accordance with the requirements of federal law.
Indeed, the legislation on water protection requires cantons to proceed with the revitalization of watercourses, without leaving room for a genuine weighing of interests. Therefore, the compensation of lost…