Lawsuits against boating regulations dismissed: the winner is the Isar

Created: 05/13/2022, 20:38

By: Veronika Ahn-Tauchnitz

The Isar in the district will remain taboo for boaters until June 1st.

© Achim Schmidt/Archive

The reasons for the judgment are still missing, but the result is clear: the Bavarian Administrative Court (VGH) has dismissed the lawsuits against the boating ordinance in the district of Bad Tölz-Wolfratshausen.

District Administrator Josef Niedermaier primarily sees one winner: "the Isar".

Bad Tölz-Wolfratshausen – On Tuesday, the Bavarian Administrative Court dealt with the legal action against the Isar Ordinance.

The Bavarian Canoe Association, the Bavarian Individual Paddler Association and three canoeists had already sued in October 2019, a few months after the regulation came into force.

This regulates public use, i.e. applies to everyone who uses the Isar privately.

The specifications include a night-time ban on driving and a seasonal usage restriction.

Driving in the area south of Tölz is only allowed from June 1st to October 15th, in the area north of Tölz until December 31st.

By the way: Everything from the region is now also available in our regular Bad Tölz newsletter.

In the case of legal review actions, it is examined whether errors were made in the weighing up

This limitation was one of the main criticisms of the plaintiffs.

In addition, when the lawsuit was filed, it was said that there had not been sufficient investigations into whether boaters actually disturbed the habitat of plants and animals.

"That's what judicial review actions are about.

It is examined whether errors were made in the consideration and assessment," explains District Administrator Josef Niedermaier on request.

And this consideration before the enactment of the regulation was not easy.

After all, the protection of the Isar is weighed against the right of free access to nature enshrined in the Bavarian constitution.

District Administrator Josef Niedermaier speaks of “a huge success”

The fact that the VGH has now dismissed the lawsuits is “a huge success,” says Niedermaier.

"I'm most happy for the Isar," adds the district administrator.

Because they benefited significantly from the regulation.

In fact, the success in court also shows that the set of rules is on solid ground.

"The employees responsible did a really great job," says Niedermaier.

Even before the ordinance was issued, “there was a threat that lawsuits would be filed”

The road to the Isar Ordinance was a difficult one.

In the run-up there was harsh criticism "and threats that the regulation would be sued," remembers Niedermaier.

The district administrator sees the fact that the VGH has now even ruled out the possibility of appealing the decision as a sign that the judges were unanimous in their assessment.

His assessment: "The regulation is watertight."

District Administrator: It's not about excluding sporting use

He emphasizes once again that it is not about blocking access to the Isar for certain groups.

Sporting use is also possible – just not always.

"In terms of nature conservation, it was important to find a compromise." The district administrator is also somewhat relieved about the outcome.

“We currently have so many things to carry in the district office.

It's nice when something turns out well."

No comment from plaintiffs yet

The Bavarian Canoe Association does not yet want to comment on the decision, said department head Stefan Schmidt on Friday when asked by our newspaper.

Officially, there is still no knowledge of the outcome of the case.

Schmidt only spoke of a "disappointment".

You can find more current news from the region around Bad Tölz at Merkur.de/Bad Tölz.