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Title: Urban Road Act CH
Amended Date: 2004-01-07
Category: Ministry of the Interior(內政部)
Article 1
The construction, improvement, maintenance, use, management and raising of funds for urban roads shall be in accordance
with this Act. Other laws shall apply in cases not specified in this Act.
Article 2
The following roads are specified as urban roads:
(1) All roads which are within urban planning regions.
(2) All roads which are within special municipalities and provincial municipalities, and which are outside urban planning
regions.
(3) All roads which are within population settlements approved by the central government provincial authority.
Article 3
The following are specified as accessory works of urban roads:
(1) The ferries, bridges, and tunnels which connect roads.
(2) The drainage, guardrails, tunnels, curbstones, railing stones, soil shields, street lamps, and other street equipment of the
roads.
(3) The backing lot, parking lot, safety island and street trees.
(4) Disabled access / access-free facilities.
(5) Other accessory works approved by competent authorities.
Article 4
The Ministry of Interior of the Central Government, the municipal government in special municipalities, and the county (city)
government in county (city) shall be the urban road authorities.
Article 5
The construction, improvement and maintenance of urban roads within the jurisdiction of the county (bureau) may be managed
by the relevant township administrative office.
Article 6
The system and width of urban roads shall be constructed according to the urban plan. In case of no urban plan, a road system
map in which the road width is shown shall be drafted in accordance with the standard of urban road design as provided in Article 32, and in keeping with the local needs and possible development. Together with the construction project, the map
shallbe presented to the higher authority in charge of urban roads for approval before its promulgation for implementation.
The agency in charge of construction shall fix the front lot line of the construction after the promulgation of the
abovementioned road system map.
Article 7
When urban roads are constructed, the accessory works specified in Article 3 shall be included on an as required basis in the
construction project for construction at the same time.
Article 8
When urban road construction projects are prepared, coordination shall be made in advance with the authorities-in-charge of the
enterprises of sewerage, tap water, power supply, post office, telecommunication, gas, ditch, dike, railroad crossing, and bus
stop which must be installed within the scope of roads. After the approval of the construction project, the facilities to be
constructed within the scope of roads by the abovementioned enterprises shall be constructed in accordance with the road
construction project.
Article 9
The ground levels of arcades of buildings and uncovered sidewalks facing both sides of urban roads shall be constructed in
accordance with the urban road and accessory work design standards and road height regulations. Road levels which are
uneven with the adjacent ground are prohibited.
Where the above mentioned ground levels without a designated height when constructed or which is uneven with the adjacent
ground due to special land form, the urban road authority with special municipality and county (city) shall designate a section
of road to establish a budget depending on city development requirements, or reconstruct such roads with the costs to be shared
by building owners, users and maintainers.
Where the first mentioned ground levels which were reconstructed without permission and thus are not in accordance with the
urban roads and accessory works standards or which cause jams, the urban road authority with special municipality and county
(city) shall inform the building owners, users and maintainers in writing to make improvements personally within two months.
Article 10
The land required for urban roads may be expropriated according to the law.
Article 11
When urban road construction projects are prepared, the destruction, relocation and compensation affairs of the original
buildings constituting an obstacle within the scope of land for urban roads shall be included in the plan at the same time.
The owners shall be notified to destroy or relocate within a time frame after the construction projects are confirmed and
promulgated. This may be enforced by the responsible authorities in place of the owner when necessary.
The abovementioned time frame shall be not less than three months.
Article 12
In consideration of the necessity of traffic flow and safety, the urban road authorities, in coordination with the relevant
authorities, shall build elevated crossings whenever possible at the intersections of two main roads or at the crossings of
highways and railroads.
Article 13
When urban roads having a width of less than 15 meters are improved, they shall be paved to the full width at one time.
Article 14
If the planned width of urban roads is too wide to be completed at one time, a phased project may be formulated and reported
to the superior authorities for approval. The original road shall be widened gradually if its width is inconsistent with
regulations.
Article 15
During the period of road construction, the passage of vehicles and pedestrians may be restricted or diverted to another road.
The abovementioned paragraph shall be announced and shall not be extended. In case of special circumstances, any extension
of the period shall also be announced if the construction cannot be completed on schedule.
Article 16
Excepting roads and accessory works and the necessary facilities set out in Article 8, if any construction is made without
permission on lands for road use, compulsory destruction shall be enforced and the owners shall be punished in accordance
with Article 33.
Article 17
Highway routes shall avoid passing through downtown areas wherever possible. If it is necessary to pass through downtown
areas and include a portion of urban roads into the highway system, the route and width shall be determined by the highway
authorities in consultation with the urban road authorities at the same level and reported to the superior authorities for approval.
Article 18
The construction design standards of urban roads which are defined as a part of the highway system as prescribed in the
preceding Article shall be determined by the highway authorities in coordination with the urban road authorities at same level
according to the provisions of the urban plan or the urban road authority; and the standards shall not be below the construction
design standards of the highway routes. If the construction standards of the highway are higher than that of urban roads as a
result of a change of design, the route of the highway system shall be changed or shall bypass the urban areas.
Article 19
The ferries, bridges or tunnels of urban roads which abut two administrative districts shall be managed jointly by both
competent authorities or by one of them as designated by the superior authorities.
Article 20
The ditches, dikes and other relevant buildings which are interdependent with urban roads shall be managed by the authorities
to which such facilities have greater utility after consultation among authorities concerned about the utility.
Article 21
In order to meet special needs, the Ministry of Interior may, after consultation with authorities concerned, require the original
responsible authorities to delegate a part or the entire urban roads to other authorities for management. When such needs no
longer exist, the roads shall be subject to the original authorities for management.
Article 22
In constructing or improving urban roads according to this Act, the benefit assessment may be assessed in accordance with the
Benefit Assessment Collection Act.
Article 23
The funds for constructing, improving and maintaining urban roads shall be raised from the following sources:
(1) The annual budget compiled by each responsible authority or each township office.
(2) The usage feess of urban roads.
(3) The benefit assessments collected according to the law.
(4) The usage fees of vehicle fuel.
(5) The donations by private persons or organizations.
(6) The subsidies of the superior authorities.
(7) Other funds approved by the central or provincial authorities.
The usage fees of urban roads as provided in subparagraph 2 of the proceeding paragraph shall be charged from the entities
which use the urban road pipes and wires or equipment; and the amount shall be determined by the Ministry of Inferior.
The abovementioned fuel usage fees shall be collected by the highway authorities, and the distribution ratio shall be determined
by provincial or municipal governments according to the maintenance and actual needs and reported to the Ministry of Interior
for approval in consultation with the Ministry of Transportation and Communications.
Article 24
The construction of urban roads and their budgets shall be presented to the assembly at the corresponding level for ratification.
Article 25
The construction, improvement and maintenance projects of urban roads which have been included into the highway system,
shall be prepared by the highway authorities in coordination with the urban road authorities, and funds for the projects shall be
shared by them.
Article 26
In addition to the provisions of Article 23, the funds required for the construction, improvement and maintenance of urban
roads and the funds required for the construction of any additions, extensions, or annexes shall be borne jointly by the local
authorities and co-using authorities or private organizations or by a single party as agreed if the road is used jointly with the
other authorities or private organizations.
Article 27
With respect to the construction work which of necessity causes damage to urban roads, the authority in-charge (organization),
pipe and wire enterprise authority (organization) or the constructor of the project shall gain permission from the competent
authorities of urban roads and pay the permission fees. If the emergency measures are necessary to protect life, property or
public safety, the application may be made afterwards.
Excepting important state projects, the competent authorities of urban roads should adopt one of the following methods to
handle the above application:
(1) Charge the dig fees from the applicant and dig and repair the roads following the construction schedule.
(2) Assist or require applicants to personally do the construction, supervise the construction, demand completion of road
reparation within a fixed period.
Any person who digs a road without permission as provided in the first paragraph shall be fined in accordance with Article 33
and repair the road personally or pay the road repair fees so that the competent authorities of urban roads can make repairs.
The urban road authorities may, depending on actual needs, prohibit the digging of a section of road following repairs within a
fixed period.
The purview of the first four businesses and road digging, planning and management has been authorized by the competent
authorities of urban roads to other authorities (organizations) or groups for handling.
The competent authorities of urban roads shall levy the dig fees as provided in subparagraph 1 of paragraph 2 and repair fees as
provided in paragraph 3 to establish a road fund, and management and operation details shall be instituted by the municipal or
county (city) government with jurisdiction and reported to the Ministry of Interior.
Article 28
When necessary, the urban road authority may restrict the road usage.
Article 29
The residents in the vicinity of urban roads shall be under the obligation to assist in the maintenance and cleanliness of the
roads.
Article 30
After approval by the superior urban road authorities, the municipal government and city (county) government (bureau) may
establish a construction agency to manage the affairs of construction, improvement and maintenance of the road on an ongoing
basis.
Article 31
The municipal or county (city) government shall compile a report of the road administration and construction condition of the
preceding fiscal year within its jurisdiction within two months after the end of each fiscal year and report to the Ministry of
Interior for record.
Article 32
The urban roads and accessory works design standards should be designated by the Ministry of Interior based on factors
including car maintenance, passerby safety, obstacle-free living circumstances and road view.
The regulations regarding divisional responsibilities and rights, establishment maintenance and obstacle elimination of urban
roads within the special municipality or county (city) jurisdiction shall be drawn by their respective governments and reported
to the Ministry of Interior for record.
Article 33
Persons who violate Article 16 or paragraph 1 of Article 27, namely constructing or digging a road without permission, may
be levied with a fine of not less than NTD30,000 and not more than NTD150,000 by the urban road authorities.
Persons who do not repair the roads or make a bad repair based on subparagraph 2, paragraph 2 of Article 27, may be levied
with a fine of not less than NTD30,000 and not more than NTD150,000 by the urban road authorities and may be each time
continuously fined.
Article 33-1
Persons who violate paragraph 3 of Article 9, namely do not complete the improvements personally within the permitted
period, may be levied with a fine of not less than NTD5,000 and not more than NTD25,000 and be continuously fined on a
monthly basis until completion of the improvements.
Article 34
This Act shall be effective from the date of its promulgation.
The enforcement date of this amendment of this Act shall be determined by the Executive Yuan.
Web site:Laws & Regulations Database of The Republic of China