Facts
Urs Wegmann is the owner of properties in Saschela/Pulverstampf, municipality of Wartau. In the context of a zoning plan revision, the Department of Economic Affairs of the Canton of St. Gallen determined that parts of Wegmann's properties are forest within the meaning of the Federal Forest Act. Wegmann filed an objection against this determination of forest. The Department of Economic Affairs dismissed the objection and imposed the objection fee as well as half of the surveying costs on Wegmann. Wegmann filed an appeal against the decision, which was rejected by the Government of the Canton of St. Gallen. Wegmann then filed an administrative court appeal with the Federal Supreme Court against the government's decision.Considerations
The Federal Supreme Court partially upholds the administrative court appeal. It finds that the determination of forest is lawful in itself, as the riparian vegetation on Wegmann's properties meets the requirements for forest under federal law. However, the imposition of the objection fee and half of the surveying costs violates Wegmann's constitutional right to be heard.…