Noise protection on the A2: Eich and Schenkon stand in front of the federal court

An acoustic protection wall on the A2 in Eich.

Nadia Schärli (August 17, 2017)

It is about traffic noise and the question of how much the Federal Highway Office (Astra) in Eich and Schenkon should do along the A2 motorway about it. Are a quiet driveway and existing walls sufficient or is further action necessary? The two peoples have been arguing with Astra on this point for a long time. Now they have achieved success in federal court. The Federal Supreme Court approves a complaint from the two municipalities and neighbors against a ruling from the Federal Administrative Court.

At Eich, the focus is on the areas of Wigarte and Spillgässli. Like the previous instance, the Federal Supreme Court dealt with the extent to which the currently built-up areas were already developed when the Environmental Protection Law came into force in 1985. Did the necessary water and electricity lines already exist, as well as proper access? Otherwise, the argument goes, construction intentions in the noise-plagued areas wouldn’t have surfaced until later, and the Astra wouldn’t have an obligation to renovate. The problem: Apparently, it is no longer possible to conclusively reconstruct when exactly the areas were developed.

Unlike the lower instance, the Federal Supreme Court now sees the burden of proof on the owner of the national highway: “If the lack of access can no longer be clearly established before 1985, the result remains with the obligation to mitigate the noise”. This result is even more important as the renovation has been postponed for decades and is therefore overdue.

“Absurd” cost estimates

In Eich, people react cautiously and optimistically to the federal court’s decision. Mayor Adrian Bachmann (CVP) hopes the Astra will now pull the lever and quickly take the necessary steps to reduce noise. “Our position is unwavering,” he says: “The highway will be rehabilitated according to the principle that the polluter pays.” However, a lot of skepticism can be felt in Bachmann: “It is to be feared that the Astra will now try again to discuss the economic feasibility and the proportionality of the acoustic protection measures.” The failed strategy of blocking noise reduction through development discussion is not entirely old.

Previously, the Astra at Eich and Schenkon had argued that adding to existing noise shielding walls was too expensive and illustrated this with cost estimates that Bachmann describes as “shocking, even absurd.” At the request of our newspaper in 2017, a well-known civil engineering company assessed the prices as completely exaggerated. The noise barrier renovation at Eich was to be done for a fraction of the 6.5 million Swiss francs estimated by Astra.

Astra analyzes the verdict

Also in Schenkon there are allegedly too high costs from the Astra for the noise barriers in the area of ​​the Seematt bridge. There the highway passes through the cantonal road. In addition to a new surface that had already been installed there, the walls were reviewed by the Astra, but ultimately rejected for insufficient economic portability.

As the Federal Supreme Court pointed out, traffic noise alone cannot be reduced to limit values ​​with new pavement. In addition, the Astra has to recalculate the construction cost of the noise barriers. Because the community’s objection that the walls could be built cheaper than the Astra represents is justified, the federal court ruled. On request, Mayor Patrick Ineichen (CVP) speaks of a “partial success”. If the Federal Supreme Court ruling will actually lead to the installation of noise barriers one day, “it will only be said in a few years,” says Ineichen.

And the Astra? He’s taciturn: The decision has been received and noted, media spokesman Thomas Rohrbach writes upon request. “We are now in the process of analyzing it. We cannot say more at this time. “