Question juridique clé
Whether a building setback must be respected next to a culverted stream.
Solution extraite
Yes. A setback also applies to underground watercourses so that later reopening or restoration remains possible.
Motifs extraits
Art. 37 and 38 GSchG and § 32 NHV protect watercourses and their banks. Building too close to a culverted stream would prejudice future rehabilitation; the law allows no exception here.