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Article 1
These Regulations are stipulated pursuant to Article 12 of Statute for the Development of Tourism.
Article 2
Terms as used in these Regulations are defined as follows:
(1)“Building” refers to a structure or sundry work site above or below ground provided for individual or public use and consisting of a roof and supporting pillars or walls.
(2)“Advertisement” refers to a shop sign or other such signboard fixed to the exterior wall of a building, or a free-standing advertising sign, tower, archway, or suchlike, affixed in the ground.
(3)“Vending stall” refers to a fixed place of sale set up by a vendor authorized by the Responsible Authority to engage in vending business.
Article 3
The Responsible Authority for these Regulations shall be as follows: in the case of tourist areas, the authority in charge of the target enterprise concerned; in the case of national-class designated scenic areas, the Ministry of Transportation and Communications; and in the case of designated scenic areas that are directly under the jurisdiction of the county (or city) government, the county (or city) government with jurisdiction thereover.
Matters relating to the implementation of planning restrictions on buildings, advertisements and vending stalls in national-class designated scenic areas shall be undertaken by the management authorities so mandated by the Ministry of Transportation and Communications; and notice of the matters thus mandated and the legal basis thereof shall be published in the government gazette or news journals.
Article 4
The form, structure, color, etc. of buildings and the erection of advertisements and vending stalls within tourist and designated scenic areas, and the implementation and scope thereof, after being defined and announced by the Responsible Authority acting in consultation with the building, district planning, urban planning, and other such competent authorities, shall be included in the competent authorities’ land-use planning for implementation in accordance with applicable laws and regulations.
Article 5
The Responsible Authority shall carry out planning for buildings, advertisements, and vending stalls within tourist and designated scenic areas in accordance with the following principles:
(1) The design of installations shall be in harmony with the surrounding natural environment.
(2) The location, mass, and density of installations shall not impede landscape maintenance, scenic views, or public use.
(3) In the case of coastal, lakeside, riverside, and other waterside areas, an appropriate space of at least thirty meters from the water shall be preserved for public use. However, this restriction shall not apply where urban planning or district planning regulations provide otherwise, or where planning design and screening approval has been conferred in accordance with the relevant provisions of the Building Code.
Article 6
In planning the form, structure, and color of a building in a tourist or designated scenic area, the Responsible Authority shall represent the distinguishing features of the location, lay emphasis on maintaining the integrity of the landscape, and plan architectural features to match its location and the characteristics of the environment. The aforementioned planning of architectural features shall give weight to the building’s location, special characteristics, purposes, mass, harmony of color, and background environment, and, when necessary, may be entrusted to the undertaking of a specialized institution or academic body.
Article 7
In respect of the form, structure, and color of a public building in a tourist or designated scenic area, the Responsible Authority may confer with the authorities concerned on stipulating and implementing the key specifications thereof in keeping with the overall environment, local characteristics, and the building’s purposes and special characteristics.
Article 8
In planning the placement of an advertisement in a tourist or designated scenic area, the Responsible Authority shall ensure that it matches local characteristics and that its location, dimensions, and the extent of its protrusion from the building line are in accordance with the Building Code and laws and regulations related to advertisements.
Article 9
Restrictions on dimensions and location for the erection of vending stalls in tourist or designated scenic areas shall be laid down and put into effect by the Responsible Authority in consultation with concerned authorities.
Article 10
The planning and erection of buildings, advertisements, and vending stalls shall not be permitted in tourist or designated scenic areas that possess the following features:
(1) Locations that have been designated as places of historic interest
(2) Locations that are nesting, propagation, or breeding sites for wild animals and plants
(3) Locations with special topographical or geological features or endowed with distinctive natural features
(4) Areas of outstanding natural forest or of manmade forest with academic value
(5) Locations forming an obstruction to the vista when viewed from main vantage points
(6) High mountain regions, areas buffeted by strong winds, natural meadowlands, scrub forest, high forest, and other areas where plant growth is hard to restore
(7) Areas on a mountain crest-line or forming an obstruction to the view of a mountain-crest landscape
(8) Hillside areas with a slope of thirty percent or greater
(9) Areas that are prone to landslide or collapse
Article 11
The Responsible Authority may stipulate guidelines on the provision of incentives for regulating the form, structure, and color of private buildings in tourist or designated scenic areas.
Article 12
These Regulations to take effect on the date of their promulgation.
Web site:Laws & Regulations Database of The Republic of China