Chapter 7 Waterway Protection
Article 73
As to annual repair work on waterway structure, the authority-in-charge shall, after each flood control season, survey any damages thereon, and make repair work with permission from its superior authority and complete the repair work before the flood control season commences in a subsequent year. The repair work shall be inspected by the superior authority for acceptance.
Article 74
The authority-in-charge shall, by taking into account water levels of past years, decide the water alert levels and dates.
A flood control season shall commence from the alert date until the date the alert is called off.
Article 75
The authority-in-charge may exercise police power within the scope of waterway protection.
During a flood control season, the authority-in-charge, if deemed necessary, may seek assistance and manpower from the military forces or the police.
Article 76
As an emergency measure for flood control, the authority-in-charge may requisition necessary materials, labor and land necessary for emergency rescue and security, and demolish any structures blocking the flow of water.
For the materials, labor, and land requisitioned and any structures demolished under the preceding paragraph, the authority-in-charge shall make comparable compensations afterwards.
Article 77
During a flood control season, the agency in charge of flood control may command the assistance of local authorities along a river. In case of emergency, local authorities should mobilize civilians to guard river banks immediately.
Article 78
The following conducts or activities are prohibited in the river area:
1. filling the river waterway;
2. damaging or altering river flood control structures, equipment or stone and other materials for flood control or use in flooding emergency;
3. opening, closing, moving or damaging water gate or its auxiliary facilities;
4. building factory or house;
5. dumping waste soil or other debris that will block flow of water;
6. driving on roads other than designated ones; or
7. engaging in other activities that impede river protection.
Article 78-1
To engage in the following conducts or activities in river area shall obtain prior approval from the authority:
1. installing, rebuilding, repairing or demolishing structures;
2. discharging wastewater or drawing water;
3. quarrying or stacking soil and stone;
4. planting vegetation;
5. engaging in excavation, burying/filling or other activities that alter the existing patterns in the river area;
6. building fish pond, growing oyster or raising livestock; or
7. other river management related activities as announced by the authority-in-charge.
Article 78-2
The central authority-in-charge will set forth regulations governing river management that stipulates the planning and facilities of watershed management, safety inspection and maintenance of river embankment, river flood control and flooding emergency, zoning, approval announcement of river area, river usage and management and other provisions.
With regards to the river areas stipulated in the above paragraph, a public explanation session should be arranged locally based on the actual requirements. This shall not apply, however, if an explanation session has already been organized according to the river management plan and the river area has not gone beyond the scope of land line.
Article 78-3
The following conducts or activities are prohibited within the range of drainage facilities:
1. filling the drainage channel;
2. damaging or altering drainage facilities;
3. opening, closing, moving or damaging water gate or its auxiliary facilities;
4. dumping waste soil or other waste;
5. raising livestock or engaging in other breeding activities; or
6. engaging in other activities that impedes drainage.
To engage in the following conducts or activities within the range of drainage facilities shall obtain prior approval from the authority:
1. installing, rebuilding, repairing or demolishing structures;
2. discharging wastewater;
3. quarrying or stacking soil and stone;
4. planting vegetation; or
5. engaging in excavation, burying/filling or other activities that alter the existing patterns in the range of drainage facilities;
Article 78-4
The central authority-in-charge will set forth regulations governing the zoning, approval and public announcement of drainage and catchment area, maintenance of drainage facilities, flood control and flooding emergency, safety inspection, usage management of drainage facilities, and other provisions. However the drainage systems of farmland, cities, and enterprises will be administered by authorities in charge of relevant industries according to the established regulations.
Article 79
The authority-in-charge may, after obtaining approval from its superior authority, order a party to modify, relocate, or demolish any plants grown or structures built on the riparian land of waterways that in the judgment of the authority-in-charge have interfered with water flow, provided that appropriate compensation will be provided for.
The riparian land referred to under the preceding paragraph shall mean the land along waterways without dike and stretching to the outer reach of normal flood water.
Article 80
Reeds, aquatic grasses, willows or other vegetations growing in the area between a dike and river banks and having the utility of wind and wave control, regardless of being privately or publicly owned, shall not be mowed down without permission unless off the flood control season or with permission from the authority-in-charge.
Article 81
No enclosing of a sandbank or beach of a waterway for cultivation is allowed unless the authority-in-charge deems such enclosure is not detrimental to water flow or flood control and approval from its superior authority has been obtained.
Article 82
Land lying within the line of a waterway management plan or the scope of land line may be requisitioned by the government according to law after the authority-in-charge submits its plan to the superior authority for approval and public announcement. As to such land not requisitioned, the authority-in-charge may restrict its use for the purpose of flood control.
The land lying within the line of a waterway management plan or the scope of land line, when promulgated, shall be subject to a regular and comprehensive review by the authority-in-charge. The authority-in-charge, however, may conduct timely revision or amendments in case there is a drastic change to the waterway caused by natural disaster.
In case that private land or existing dike land becomes unusable because they have been announced by the authority-in-charge, based on paragraph 1 above, as falling within the line of a waterway management plan or the scope of land line for installing flood-control facilities or for other waterway management projects such as river cutoff or expansion of river cross sections, the authority-in-charge may requisition the land if necessary.
Private land located in river areas which has become unusable due to reasons specified in the preceding paragraph may apply for transfer of plot ratio if the land is located within the scope of an urban plan already approved by the authority-in-charge but has not yet been requisitioned. In this case the transfer of plot ratio should be administered in accordance with the rules specified in Article 83-1, paragraph 2 of the Urban Planning Act, including the methods to determine the transferable plot ratio, the location of the receiving land base, the maximum plot ratio for the receiving land base, the method of transfer and administrative procedures, etc.
The formula for the plot ratio transfer shall be established collaboratively by the Ministry of Interior Affairs and the Ministry of Economic Affairs.
Article 83
For the purpose of flood control, the authority-in-charge may enforce restrictions on the use of land situated within areas under normal flood submerge level and prohibit the transfer of public lands into private lands. If the land is owned privately, the authority-in-charge may requisition the land where necessary. As to such land not requisitioned, the authority-in-charge may restrict its use for the purpose of flood control.
The authority-in-charge shall submit the areas under normal flood submerge level under preceding paragraph for approval and public announcement by its superior authority.
Article 83-1
If the authority-in-charge has partitioned or changed the designation of private land under the two foregoing articles as reserved land for water works, the landowner may apply to change the designation for appropriate use.
Private land whose use has been restricted pursuant to the foregoing article may be acquired through eminent domain under zone or section expropriation or consolidation of reserved land for water works.
The measure for consolidation of reserved land for water works shall be promulgated by the central authority-in-charge in consultation with the central land administration.