Facts
The State Council of the Canton of Valais approved the project of a temporary relief road as a northern bypass of Visp and granted, among other things, the permit for the clearing of 799 m2 of riparian vegetation. The municipal commune of Lalden and WWF Switzerland filed a complaint against this decision. The Federal Supreme Court concluded that no exemption permit under Art. 22 para. 2 of the Federal Act on the Protection of Nature and Cultural Heritage (NCHA) can be granted for the removal of the riparian vegetation, as the road construction project is not permitted by the water police or water protection legislation.Considerations
The Federal Supreme Court states that Art. 22 para. 2 NCHA, since the revision by the Water Protection Act of 1991, only allows exemption permits for the removal of riparian vegetation if the project is expressly permitted by the water police or water protection legislation. This is not the case with the present road construction project. Neither the requirements for a deposit under Art. 39 para. 2 lit. a WPA nor for interventions in a flowing water body pursuant to Art. 37 et seq. WPA are met.
The Federal Supreme…