The non-urban land use control rules (hereinafter referred to as the “Rules”) are issued by the Ministry of the Interior in accordance with Article 15 of the Regional Plan Act, as the basis for the implementation of non-urban land use controls. These rules are recently revised respectively on March 19, 2018 and February 14, 2019. Provided as below is a summary of the important amendments of the Rules:
1. To expand power generation facilities of renewable energy in response to the policy of 2025 non-nuclear homeland:
(1) According to the provisions of the Electricity Industry Act and the Renewable Energy Development Act, the electric energy generated by the self-use power generation equipment may be sold in full and is not only limited to self-use. The Rules delete the requirement of self-use on the condition for the use item of the renewable energy facilities located at the Type D construction land. Therefore, the use of renewable energy facilities on Type D construction land can be for selling power and is not limited to self-use.
(2) The Rules relax the condition for the use item of the renewable energy facilities on the farming and pastoral land, forestry land and conservation land near the water road or water conservancy facilities and adds small hydropower facilities. The use area shall not exceed 660 square meters and the capacity shall not exceed 20 megawatts. It shall not be located at specific agricultural area.
2. In response to the government policy of expand power generation facilities of renewable energy and to increase the ratio of renewable energy power generation, the Rules delete the restriction that solar power generation facilities is limited to recreation use and the use area shall not exceed the limit of 660 square meters on the condition for the use item of the renewable energy facilities located at the recreational land. The Rules add the condition that the installation of solar power generation facilities shall not affect the characteristic and function of recreational use.
3. Regarding the roads already existed on which public easement has been established and the interest of landowner have been specifically sacrificed for the general interest, the Rules defined it as traffic land, not subject to the original restriction.
4. In order to encourage the establishment of animal protection facilities for enhancing animal welfare, there are practical needs on the agricultural and pastoral land in specific agricultural areas. Because the care and production of dogs, cats and other animals is similar to livestock facilities, the Rules delete the restriction that "animal protection facilities" shall not be built on agricultural and pastoral land in specific agricultural areas and add the use item of "animal protection facilities" and requirements on specific construction land and agricultural and pastoral land.
5. The Rules restrict the scale of ore mining on forestry land, and add the six requirements for the use item of "ore mining" and the provision that the business plan shall be reported and approved by the competent authority of regional plan when the using area is more than two hectares.