921.01
LVLFOLFLAFO
CH-VD
Art. 5 LOI forestière (LVLFo) - Forêts publiques et privées
Chapitre I, Section I
Art. 5 LVLFo · Forêts publiques et privées
1. On entend par
a. forêts publiques, celles qui appartiennent à la Confédération, à l'Etat, aux établissements publics dotés de la personnalité juridique, aux communes et aux autres corporations de droit public ;
b. forêts privées, celles qui appartiennent à des personnes physiques ou morales de droit privé.
Décisions judiciaires appliquant cette disposition (28)
AC.2012.0353 · vd (art. 5 al. 1 LVLFo)
Property Owner v. Canton: Chalet Construction Near Forest Boundary
The rejection of the appeal confirms the cantonal department's decision based on the mandatory prohibition of construction within 10m of the forest edge.
AC.2012.0321 · vd (art. 5 al 1 LVLFo)
Owner v. Municipality Regarding Building Permit Consultation Refusal
This provision defining the minimum distance to the forest edge was cited in the reasoning leading to the conclusion that the project was not manifestly incompatible, although it was not directly cited in the dispositive orders (II).
AC.2011.0261 · vd (art. 5 al. 2 LVLFo)
Appeal Regarding Building Permit for Hillside Construction Due to Roof Light Violations
The special authorization granted by the SFFN concerning the encroachment into the forest transition band was annulled because the required cumulative conditions were not properly assessed.
AC.2009.0287 · vd (Art. 5 al. 1 LVLFo)
Forest Boundary Encroachment and Construction Legality Appeal
This article establishes the prohibition of construction less than 10m from the forest edge, which is the context for the illegal construction ordered to be removed.
AC.2012.0004 · vd (Art. 5 LVLFo)
Property Owners v. Municipality Regarding Building Permit Denial Near Forest Boundary
Cited in the reasoning to establish the legal framework for requesting a derogation concerning the distance to the forest edge, but not used in the final orders.
AC.2012.0004 · vd (Art. 5 al. 2 let. a LVLFo)
Property Owners v. Municipality Regarding Building Permit Denial Near Forest Boundary
Cited in the reasoning to discuss the requirement that the construction cannot be built elsewhere, but not used in the final orders.
AC.2012.0004 · vd (Art. 5 al. 2 let. b LVLFo)
Property Owners v. Municipality Regarding Building Permit Denial Near Forest Boundary
Cited in the reasoning regarding the balance of interests between construction and forest protection, but not used in the final orders.
AC.2010.0333 · vd (art. 5 al. 2 LVLFo)
Appeal Against Building Permit Near Forest Boundary and Neighboring Property Setback Violation
The court admitted the appeal based on the finding that the required conditions for granting a derogation to the distance from the forest line were not met.
AC.2011.0145 · vd (art. 5 LVLFo)
Appeal Against Forestry Law Enforcement and Restoration Orders for Construction Near Forest Zone
Cited to establish the general prohibition of building less than 10m from the forest edge, justifying the confirmation of the removal order for the pool-house.
AC.2010.0043 · vd (Art. 5 al. 2 LVLFo)
Family Home Permit Appeal Over Building Code Violations
Although the encroachment into the 10m forest limit by the embankment could potentially be authorized under this provision, the court ultimately did not rely on it as the project needed complete revision due to other breaches.
AC.2009.0043 · vd (Art. 5 al. 1 LVLFo)
Residents v. Municipality (Building Permits Calculation Error)
Used to assess the encroachment of access works (building 7) and terraces (buildings 5 and 6) on the 10-meter forest border zone, leading to conditions/refusals based on derogations.
AC.2010.0105 · vd (Art. 5 al. 1 de la loi forestière cantonale du 19 juin 1996 (LVLFo ; RSV 921.01))
Challenge to Mobile Phone Mast Permit on Parkland Upheld
Cited regarding the prohibition of construction less than 10m from the forest edge, which required a specific derogation examined in the decision.
AC.2010.0105 · vd (Art. 5 al. 2 LVLFo)
Challenge to Mobile Phone Mast Permit on Parkland Upheld
Cited as the basis for granting derogations to the 10m forest edge distance, based on criteria related to the necessity and public interest of the construction.
AC.2009.0248 · vd (art. 5 de la loi forestière du 19 juin 1996 (LVLFo ; RSV 921.01))
Appeal Against Building Demolition on Agricultural Land Near Forest Line
Used in the reasoning to discuss the prohibition of construction within 10m of the forest edge, influencing the proportionality assessment of the demolition order.
AC.2009.0289 · vd (Art. 5 LVLFo)
Appeal Against Municipal Building Permit for Mixed-Use Development Upheld
Cited in relation to the rules on cutting down trees near the forest line, concluding that the requirement was met for the granted exception.