Questão jurídica principal
Whether the reduced forest setback violated federal forest law
Decisão extraída
No. The exceptional 7.5-meter setback, subject to conditions and protective measures, did not impair forest preservation, care, or use.
Fundamentação extraída
The relevant forest had mainly a protective function, and the competent federal and cantonal forestry services confirmed adequate protection. The court deferred to the lower court's local assessment and to the expert view that the forest's functions would remain safeguarded.