Questão jurídica principal
Whether the building department must determine in every case whether a project in the agricultural zone is zonally compliant or requires an exception permit.
Decisão extraída
Yes. The competent cantonal authority must first classify the project; only if it is zonally compliant may the municipal building authority issue a declaratory finding, whereas projects requiring Art. 24 RPG need a constitutive exception permit.
Fundamentação extraída
Under Art. 16 RPV and Art. 25(2) RPG, the canton must perform a triage function to prevent circumvention and ensure uniform application of federal planning law. The distinction between zonal compliance and site dependence is often difficult, so the cantonal review is mandatory.