Questione giuridica chiave
Whether the boat harbor expansion could receive an exception permit under NHG protection of shoreline vegetation.
Decisione estratta
No exception permit could be granted because the project affected protected shoreline vegetation and did not satisfy the conditions for an exception.
Motivazione estratta
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.