Facts
R. is the owner of a parcel in the Rossboden area, municipality of Oberägeri. On the property located in the agricultural zone, there was a Gadenhaus (traditional Alpine farmhouse). In 1992, the Oberägeri Municipal Council approved the demolition and identical reconstruction of the barn and stable part of the Gadenhaus as an agricultural replacement building. Subsequently, R. converted the reconstructed barn/stable part into residential use without authorization.
In 1995, the Building Directorate of the Canton of Zug rejected the application for retrospective authorization of this conversion and instructed the municipality of Oberägeri to compel R. to restore the Gadenhaus in accordance with the approval decision of 1992. The cantonal Administrative Court dismissed an appeal against these decisions.
R. filed an appeal against the decision of the Administrative Court with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the administrative court appeal. It found that R.'s property is located within the moorland area of Rothenthurm, which was delineated by the Federal Council in 1991 as a moorland of particular beauty and national importance, and is under the special protection of Art. 24sexies para. 5 of the Federal Constitution.
The conversion of the Gadenhaus into residential use carried out by the appellant on his own authority is contrary to this constitutional provision, as it serves neither the protection of the moorland nor the previous agricultural use. While Art. 23d of the Nature and Heritage Protection Act (NHG) provides for a mitigation of the regulations, allowing the design and use of moorlands insofar as they do not conflict…