Questione giuridica chiave
Which authority is competent to assess compliance with the former cantonal water setback and municipal water setback lines under the WWG and PBG?
Decisione estratta
Municipalities remain competent to assess whether the former cantonal 5 m water setback and municipal setback lines are respected; dispensations from municipal setback lines also fall within municipal competence, while exceptions to the cantonal minimum setback are decided by the Baudirektion.
Motivazione estratta
Under the WWG, the municipal competence to decide on local setback lines continues; only the cantonal minimum setback and exceptions to it are reserved to the cantonal building authority.