Facts
Appellant X. purchased two agricultural properties in Mountain Zone I from his grandfather Y. on 11 September 2007. On 27 March 2008, X. applied for a declaratory decision on whether the properties constitute an agricultural enterprise or agricultural land. The Agricultural Office of the Canton of Schwyz determined that the properties are agricultural land, but not an agricultural enterprise. X. unsuccessfully appealed this decision to the Administrative Court of the Canton of Schwyz.Considerations
The Federal Supreme Court upholds the appeal. For the assessment of whether an agricultural enterprise exists, average farming practices are to be considered. In determining the possible livestock units, the Water Protection Act and its cantonal implementation, rather than the Direct Payments Ordinance, are decisive. Therefore, the permissible manure livestock unit per hectare increases from 1.4 to 1.8 in Mountain Zone I. Fundamentally, a balanced nutrient balance according to the Water Protection Act must be taken into account. Leased areas and manure off-take…