Facts
The Pfäffikersee is listed as Object No. 5 in Annexes 1 and 2 of the Moor Landscape Ordinance. The southern delimitation in the Robenhausen area is disputed. The municipality of Wetzikon, the EIWOG Cooperative for Home Ownership, and others requested the annulment of the decision of the Administrative Court of the Canton of Zurich, which classified the delimitation of the Building Directorate as unlawful and referred the matter back for re-assessment. The WWF Switzerland, WWF Zurich, the Swiss Bird Protection Association, and the Zurich Bird Protection Association requested the dismissal of the appeals.Considerations
The Federal Court states that the Federal Council has a margin of appreciation in determining the moor landscapes, which the courts must respect. They may only correct the delimitation if the Federal Council has exceeded or abused its discretion.
The Administrative Court wrongly assessed the delimitation made by the Federal Council as unlawful. Considering the existing building zone boundary in the delimitation…