Facts
The Canton of Zurich plans to build a high-performance road connection (Zurich Upland Motorway, ZOA) to close a gap of approx. 10 km between Brüttisellen and Rapperswil. The project affects several protected objects of moor, moor landscape, and landscape protection, including the moor landscape of national importance No. 106 Wetzikon/Hinwil and the Federal Inventory of Landscapes and Natural Monuments (BLN) Object No. 1401 "Drumlin Landscape Zurich Upland". The Federal Supreme Court upholds the appeals and remands the matter to the Cantonal Government of Zurich for reassessment.Considerations
The Federal Supreme Court decides that an assessment by the Federal Commission for the Protection of Nature and Cultural Heritage (ENHK) pursuant to Art. 7 para. 2 of the Federal Act on the Protection of Nature and Cultural Heritage (NHG) is mandatory, as the project may significantly impair the BLN Object No. 1401. Until the ENHK assessment is available, the allegations concerning the impairment of the BLN area cannot be assessed.
Regarding the delineation of the perimeter of the moor landscape of national importance No. 106 Wetzikon/Hinwil, the Federal Supreme Court decides that the perimeter defined by the Federal Council does not comply with the legal requirements. The perimeter must at least include the…