752.2
GSCHVG
CH-SG
Art. 28bis Vollzugsgesetz zur eidgenössischen Gewässerschutzgesetzgebung (GSchVG) - c) Bewilligungen ausserhalb besonders gefährdeter Bereiche
II. Reinhaltung der Gewässer - 4. Planerischer Schutz
Art. 28bis GSchVG · c) Bewilligungen ausserhalb besonders gefährdeter Bereiche
1. Bohrungen und erhebliche Grabungen bedürfen einer Bewilligung der zuständigen Stelle des Kantons.
Gerichtsentscheide zu dieser Bestimmung (7)
22.1241 · sg (Art. 28bis GSchVG)
Invalid Building Permit and Construction Violations Appeal
The lack of the necessary excavation permit, which is a prerequisite for the overall decision, is a primary reason for not entering into the appeal.
B.2021.34 · sg (Art. 28bis GSchVG (sGS 752.2))
Appeal Dismissed: ISOS Applicability in Building Permit for Demolition and Construction
The cantonal provision for permits for drilling and significant excavations outside specially endangered areas, the interpretation of which was central to the case outcome (rejection of the appeal).
B.2021.34 · sg (Art. 28bis GSchVG)
Building Permit Upheld Despite ISOS Appeal
The core legal provision whose direct applicability under NHG was disputed; the court ruled it was not a federal task, leading to the dismissal of the appeal on this ground (E. 6.5).
19.7374.20.7999 · sg (Art. 28bis GSchVG)
Building Permit Annulment Due to Unobtained Cantonal Excavation Permit
The appeal was granted because the building permit could not take effect due to the lack of the required cantonal permit for significant excavation required by this article.
19.7374.20.7999 · sg (Art. 28bis GSchVG)
Appeal Against Building Permit Revoked Due to Unobtained Water Protection Permit and Procedural Defects
The appeal was granted because the municipal building permit could not take effect due to the lack of a cantonal permit required by this article for significant excavations.
19.4225 · sg (Art. 28bis GSchVG)
Appeal Against Building Permit Partially Dismissed Due to Untimely Road Access Objections and Noise Compliance Finding
Cited in the preamble, relating to cantonal permitting requirements for excavations outside protected zones, which the court distinguished from federal tasks (Erw. 2.4).
19.4225 · sg (Art. 28bis GSchVG)
Appeal Dismissed Regarding Building Permit for Apartment Construction Due to Untimely Road Access Objections and Compliance with Water Protection and Noise Regulations
This provision was cited in the introductory notes, but the court determined the permit was issued under this cantonal extension, not as fulfillment of a federal duty, thus the core ground for decision was the lack of federal duty application (see Art. 19 Abs. 2 GSchG context).