Facts
X AG is the owner of properties in the industrial zone of Heerbrugg. In its eastern area, there is a stand of trees that was classified as a forest by the Department of Economic Affairs of the Canton of St. Gallen. X AG filed an objection and requested that the stand of trees not be considered a forest in the legal sense. The Cantonal Government initially ruled in favor of X AG, but the Administrative Court overturned this decision and qualified the stand of trees as a forest. X AG appealed the judgment to the Federal Administrative Court.Considerations
The Federal Supreme Court dismissed the appeal. It stated that the stand of trees met the quantitative and qualitative requirements for being considered a forest. In particular, it fulfilled welfare functions, as it had an aesthetic value and served as a habitat for animals and plants. The fact that the stand of trees was partially interspersed with foreign objects did not preclude its qualification as a forest.
The Federal Supreme Court denied that the stand of trees constituted a green area within the meaning of Art. 2 para. 3 of the Forest Act. This would require that the stand of trees was planted with a design intent or at least deliberately…