Facts
The municipality of Ermatingen planned the construction of a boat jetty facility with 162 berths in the Westerfeld area, whereby the existing buoy fields "Bügen" and "Horn" were to be abolished. The cantonal Department of Construction and Environment granted the building permit and concession after obtaining an environmental impact report and consulting the environmental protection agency. The owner of a parcel located in the public zone then filed an administrative court appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court concluded that the so-called "overall decision" of the cantonal Department was incomplete and not verifiable, as the required fishing law permit under Art. 8 of the Federal Fisheries Act was not expressly granted. Furthermore, the Federal Supreme Court found that the planned boat jetty facility would lead to a serious intervention in the affected Federal Inventory Object No. 1411 "Untersee-Hochrhein", which is incompatible with the requirement of undiminished preservation or maximum protection under Art. 6 of the Nature and…