國土計畫法施行細則

These rules are enacted pursuant to Article 46 of the Spatial Planning Act (hereinafter referred to as the Act).

1The central competent authority may delegate other agencies or organizations to establish or revise the National spatial plan specified in Subparagraph 1 of Paragraph 1 of Article 4 of the Act.

2The competent authorities of municipalities or counties (cities) may delegate other agencies or organizations to establish or revise of municipality and county (city) spatial plans specified in Subparagraph 1 of Paragraph 2 of Article 4 of the Act.

The central competent authority shall announce a spatial planning white paper described in Article 5 of the Act biennially. The contents shall include the current land use status and tendencies, basic land use management policies and related matters.

1The duration, basic surveys, strategies for national spatial development and growth management, and sectoral spatial development strategies of the National spatial plan described in Paragraph 1 of Article 9 of the Act shall be as follows:

21. Plan duration: no more than 20 years in principle

32. Basic surveys: collecting the population, housing, economy, land use, transportation, public facilities, natural resources and related items of entire country, and surveying land use status

43. Strategies for national spatial development and growth management shall include the following:

5(1) National spatial development strategies

6a. Conservation strategies of natural disasters, ecological, natural and cultural landscape and natural resource

7b. Conservation or development strategies of marine

8c. Protection strategies of agricultural land and the total agricultural area in the country

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1Plans concerning metropolitan areas or specific areas as described in Paragraph 2 of Article 9 of the Act shall include the following:

21. Plans concerning metropolitan areas:

3(1) The nature of the plan,issues and scope

4(2) The background of planning and analysis of current status

5(3) Plan objectives and strategies

6(4) The implementation plan

7(5) Review and control mechanisms

8(6) Other related matters

92. Plans concerning specific areas

10(1) Range of the specific area

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1The duration, basic surveys, spatial development and growth management plans, and sectoral spatial development plans of municipalities or counties (cities) spatial plans specified in Article 10 of the Act shall be as follows:

21. Plan duration: no more than 20 years in principle

32. Basic surveys: collecting the population, housing, economy, land use, transportation, public facilities, natural resources and related items of each municipalities or counties (cities) ,and surveying land use status

43. Spatial development plans established by municipality or county (city) governments shall include the following:

5(1) Spatial development concepts in the municipality or county (city)

6(2) Conservation concepts of natural disasters, ecological, natural and cultural landscape and natural resource in the municipality or county (city)

7(3) Conservation or development concepts of marine in the municipality or county (city); municipalities or counties (cities) with no marine area under the jurisdiction need not establish such concepts

8(4) Protection concepts of agricultural land and areas and locations of agricultural land to be protected in the municipality or county (city)

1A municipality or county (city) government applying to the central competent authority for reconsideration of a ratified spatial plan in accordance with Article 14 of the Act shall state the reasons and submit related documents.

2The central competent authority shall present reconsideration applications described in the preceding paragraph to be reviewed by the spatial planning committee.

1The central, municipality or county (city) competent authorities establishing or revising spatial plans and finding it necessary to act according to Article 18 of the Act to send personnel to enter public or private land or buildings to perform investigations or surveys shall abide by the following regulations:

21. Notify the owner, occupant, manager or user in writing seven days in advance

32. If a notice described in the preceding subparagraph cannot be delivered, it may be left at the local village office and a public announcement shall also be put up at the offices of the competent authority and the village.

4The provisions in the preceding paragraph shall apply mutatis mutandis when a competent authority acts according to Article 2 of these rules and delegates an agency or organization to be responsible for spatial plan establishment or revision.

As set forth in Item 3 of Subparagraph 1, Item 3 of Subparagraph 2, Item 3 of Subparagraph 3 and Item 3 of Subparagraph 4 of Paragraph 1 of Article 20 of the Act, the other necessary functional sub-zone shall comply with the demarcation principles specified in the said article. At the same time, environmental resource conditions, the current land use status, local characteristics and development needs shall also be taken into consideration. The other necessary functional sub-zone shall be specified in the National spatial plan or municipality or county (city) spatial plans.

1The definition of land for designated uses as described in Paragraph 1 of Article 22 of the Act shall be conducted in accordance with spatial plans of all levels and characteristics of the land.

2The definition of enhancing environmental conservation at any time as described in Paragraph 2 of Article 22 of the Act shall be revised functional zone or sub-zones to stricter zoning or sub-zoning according to the demarcation of functional zones in spatial plans of all levels.

The definition of the buildings and facilities constructed before implementation of regional plans as described in Paragraph 1 of Article 32 of the Act shall be the indigenous people’s land that is not in the urban plan area, and constructed before defining the land for designated uses.

If any restoration plan to be established according to Article 36 of the Act involves indigenous people’s land, the demarcating agency shall invite the indigenous tribes in concern to participate in plan establishment, execution and management. Written notices shall be issued 14 days before the corresponding meeting is held.

The contents of appropriate placement plans and complementary measures according to Paragraph 2 of Article 37 of the Act established by the concerned central competent authority or municipality and county (city) government shall include placement objects, approaches and locations, financial plans, social assistance and other related matters.

1The situation of land use inconsistent with the principles of functional zoning and sub-zoning refers to Paragraph 1 of Article 38 of the Act shall be violated the regulations pursuant to Paragraphs 2 and 4 of Article 23 of the Act. The definition of land use that are special or of scale up to a certain threshold shall be determined in accordance with the criteria established according to Paragraph 1 of Article 24 of the Act.

2Land use that are special or of scale up to a certain threshold that complies with the principles of functional zone and sub-zone without a permit as stated in Subparagraph 1 of Paragraph 2 of Article 38 of the Act shall be land use with no permit application filed according to the procedure specified in Paragraph 1 of Article 24 of the Act.

1These rules shall take effect on the day the Act is enforced.

2The amended articles of the Enforcement Rules shall take effect on the day of promulgation.