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Chapter Law Content

Title: Regional Plan Act CH
Category: Ministry of the Interior(內政部)
Chapter 3 Control of Regional Land Utilization
Article 15
After a regional plan is announced and implemented, for the non-urban lands other than prescribed in Article 11, the concerned municipal or county (city) governments shall work out non-urban land-use zoning maps according to the land-use plan of non-urban lands, classify the lands of various purposes, and report to the upper-level competent authority for review and recording prior to implementation of control. The same for the procedure of alteration. The control rules shall be prescribed by the central competent authority.
The above-mentioned non-urban land-use zoning maps shall be plotted separately for every township (city), and important buildings or significant marks and the section registered in the land register shall be utilized to mark the location of the lands.
Article 15-1
After overall review of a regional plan is finished and it is announced and implemented, for the non-urban lands other than prescribed in Article 11 that meet the land-use plan of non-urban lands, alteration of segmentation shall be performed according to the following provisions:
Where the land-use zoning needs to be reviewed and altered for the purpose of strengthening the conservation of resources, the municipal or county (city) government may directly execute alteration of zoning with the approval of the upper-level competent authority.
For the purpose of development and utilization, according to the regional plan, an applicant may submit a development plan enclosed with related documents to the municipal or county (city) government. After the application is reported to and permitted by the authority preparing the regional plan, alteration of zoning may be executed.
Before to permit the plan referred to in Subparagraph 2 of the preceding paragraph, the authority preparing the regional plan shall submit the application for development to the committee of regional plan for examination.
Article 15-3
After the permission of the authority preparing the regional plan is acquired according to Subparagraph 2, Paragraph 1 of Article 15, and before classification or alteration of land utilization is executed, the applicant shall finish classification and alteration of the land-use for public facilities with in the development area, and have them registered as owned by the municipality, county (city) or township (city), and pay the development impact fees to the municipal or county (city) government for the purpose of improving or increasing public facilities; the foresaid development impact fees may be substituted by the buildable lands within the development area.
The scope and standard of the above-mentioned development impact fees as well as other related affairs shall be prescribed by the central competent authority.
A foundation may be established for the development impact fees referred to in the first paragraph; the incomes, expenditures, storage, and utilization of the foundation shall be prescribed by the municipal or county (city) competent authority.
The development impact fees referred to in the first paragraph may be levied for urban lands.
Article 15-4
For a case of application for development submitted according to Subparagraph 2, Paragraph 1 of Article 15-1, the municipal or county (city) government shall, within 60 days commencing from accepting the application, report it to the authority preparing the regional plan to handle examination for permission, and the authority shall inform the applicant about the result of examination within 90 days. However, in special occasions, it may be postponed for one time, and the term of postponement may not exceed the originally prescribed time limit.
Article 15-5
Where the municipal or county (city) government doesn’t report the case to the authority preparing the regional plan for examination according to the preceding article, the upper-level competent authority may command it to report within a specified time limit; where the government doesn’t report within in the foresaid time limit, the upper-level competent authority may directly examine and approve or disapprove the application.
Article 15-2 
For an application for development submitted according to Subparagraph 2, Paragraph 1 of the preceding article, where it is confirmed through examination that the following conditions are satisfied, the development may be permitted:
The application is suitable and reasonable for land utilization.
The application doesn’t infringe the land utilization or environmental protection plan established by the central, municipal or county (city) government based on the central or local autonomous laws and regulations.
Appropriate plans have been made for protection of environment, conservation of the nature, and prevention of disasters.
The application can match with the water supply, nearby traffic facilities, drainage system, electric power, telecommunication, and rubbish disposal and other public facilities, equipments and services.
The certificates of the rights of the lands and buildings in the area to be developed have been acquired.
The operational regulations on the above-mentioned examination shall be prescribed by the central competent authority through negotiation with related authorities.
Article 16
Upon implementing land-use zoning control of non-urban lands according to Article 15, the municipal or county (city) government shall publicize the non-urban land-use zoning maps and the classifying results; and the classifying results shall be notified to the landowners.
Duplicated copies of the above-mentioned segmentation maps shall be distributed to the township (city) offices for storage, and for the people to read free of charge at any time.
Article 17
During implementation of a regional plan, appropriate compensation shall be provided for the damages caused by alteration of utilization or dismantling of the land ameliorants that do not meet the land-use zoning plan. The currency amount of compensation shall be agreed upon through negotiation between the two parties. In case the negotiation fails to reach an agreement, the local municipal or county (city) government shall report the case to the upper-level government for determination.