Question juridique clé
Whether the boat harbor expansion could receive an exception permit under NHG protection of shoreline vegetation.
Solution extraite
No exception permit could be granted because the project affected protected shoreline vegetation and did not satisfy the conditions for an exception.
Motifs extraits
The works would destroy and further burden shoreline vegetation in the project area. Under Art. 21 f. NHG and Art. 22(2) NHG, such vegetation may be removed only exceptionally for projects expressly allowed by water-construction or water-protection legislation and only if site-bound; those conditions were not met.