Chapter 1 The General

Article 1

This Regulation is set up to comply with the requirement in Paragraph 3, Article 63 of the Agriculture Development Ordinance.

Article 2   

Matters in this Regulation of the other agency’s concern shall be undertaken by the competent authority in association with the concerned agency.

Article 3   

(Excluded) 

Chapter 2   Planning and Counseling for Recreational Agriculture District

Article 4   

Area with the following features is permissible for planning recreational agriculture district:

1. Distinctive agricultural features of the local district;

2. Rich landscape resources;

3. Rich ecological and valuable cultural heritages for conservation.

The land area requirement applying for designation as recreational agriculture district is the following hereafter:

1. 50 - 600 hectares in exclusively non-urban district;

2. 10 - 100 hectares in exclusively urban district;

3. 25 - 300 hectares in the mix of non-urban and urban districts.

On the necessity of the natural circumstance or local trade development, the top limit of the area requirement in the preceding paragraph is allowable to relax to a certain extent. Recreational agriculture district approved by the central competent authority prior to 11 January 2002, the date the Amendment effective, is exempted from the Paragraph 2 on the top limit of area requirement. 

Article 5  

Recreational agriculture district is designated by the central competent authority on the planning document submitted by the competent authority of municipality or county (city). In the case of the district situating beyond municipality boundary or encompassing two and more counties (cities), it is for one of the competent authorities on agreement with the others to formulate the planning document. 

To the area satisfying the provisions of Paragraph 1 to 3 of the preceding article, the local resident, recreational farm manager, farmers association or the township (city/town/district) hall is allowable to initiate planning proposal to the local competent authority of municipality or county (city) for planning.

Contents of the planning document or planning proposal for recreational agriculture district are the following hereafter.

1. Name and Planning objective;

2. Site description:

(1) Location Map: boundary of the recreational agriculture district on the latest aerial-photo basic map of aerial-photo with the scale of one to five thousands;

(2) Boundary Map: on dyeline print of the cadastral map with the scale under one to five thousands;

(3) Cadastres book;

(4) Land uses zoning statistical figure for urban district; figures of land uses zoning and land uses designation classes for non-urban district;

3. Restriction matters on development and utilization;

4. Core resources of recreational agriculture;

5. Holistic development plan;

6. Management model and promotion organization;

7. Improvement of the existing facilities, planning and maintenance for the facilities and environment;

8. Exante benefits;

9. The others of recreational agriculture district concern.

Change of the name or boundary of recreational agriculture district shall follow the provision of Paragraph 1 for approval of the central competent authority.

The central competent authority shall proclaim the name and boundary of the recreational agriculture district upon designation, and publish it in the Government Gazette; and ditto in the change or revocation.

The central competent authority shall proclaim format of the planning document and planning proposal, and the examination provisions. 

Article 6   

Development of recreational agriculture district in the following areas shall comply with the respective regulation: forest, watershed of major reservoir, natural reserve, specific soil and water conservation, wildlife protection, important wildlife habitat, coast nature protection, and national park.

Article 7 

The cottage, in recreational agriculture district designated by the central competent authority with business permit under the Lodging Governance Regulation, may provide retailing agricultural product and dining services.

Article 8 

The central competent authority may provide assistance and counsels on public facilities to recreational agriculture district.

Recreational agriculture district, following its plan, may provide the facilities under mentioned for the public.

1. Security protection.
2. Parking lot.
3. Pavilion.
4. Out-looking.
5. Indication and interpretation billboard.
6. Sanitation.
7. Hiking trails.
8. Soil and water conservation.
9. Environmental protection.
10. Landscape.
11. Facilities for the experience of agriculture.
12. Facilities for the experience of ecosystem.
13. Facilities for the retail of special agriculture products.
14. Other facilities approved by municipal or local competent authority for the recreation agriculture.

The agrarian land areas where the facilities for recreational agriculture specified in the preceding paragraph may be established are as follows:

1. The following areas designated by the Regional Plan Act as non-urban lands:

1. The lands used for farming, animal husbandry and fish culture in the land use zones other than industrial areas or river areas.
2. The lands used for forestry in the land use zones other than industrial areas, river areas or forest areas, provided that only the facilities for recreational agriculture specified in subparagraphs 1 to 9 of the preceding paragraph are permitted to be established.

2. The lands in agriculture areas and reservations as designated by the Urban Planning Act.

The pavilion specified in subparagraph 3 of paragraph 2, out-looking facilities specified in subparagraph 4 of paragraph 2 and sanitation facilities specified in subparagraph 6 of paragraph 2 shall not exceed forty-five square meters when established on the lands used for forestry.

The standards for the establishment of the facilities for the retail of agricultural and special products specified in subparagraph 13 of paragraph 2 are as follows::

1. With fixed base, beams, columns and top covers with no walls.
2. The height of the building shall not exceed 4.5 meters.
3. The maximum area of a single building shall be 330 square meters.
4. Only one facility may be established per 100 hectares in the recreational agriculture district.

The land requirement for the facilities for recreational agriculture specified in paragraph 2 is the responsibility of the township (city/town/district) hall or the organizations handling the promotion and management of recreational agriculture districts to coordinate for land use permit and to acquire the land use consent from the landowner(s).  

Article 8-1

The competent authority of municipality or county (city) shall inspect and urge the organizations handling the promotion and management of recreational agriculture districts to properly maintain the public facilities in recreational agriculture districts in their administration on routine basis per annum, and report to the central competent authority for reference.

The competent authority of municipality or county (city) shall comprehensively review the recreational agriculture districts in their administration every five years. Review scope shall include the short-/, medium-/ and long-term plans for management software and hardware facilities, and readjust the planning document duly in time for examination of the central competent authority. 

For guidance of recreational agriculture development, the central competent authority shall evaluate the recreational agriculture districts every two years. The evaluation sets up 100 marks as the full score for classification: those scoring above 90 marks classified in Excellent Class, Class A for 80 to 90 marks, Class B for 70 to 80 marks, Class C for 60 to 70 marks, and Class D for those under 60 marks.
The competent authority of municipality or county (city) shall formulate guidance plan to improve the recreational agriculture districts in D Class. Should they result to D Class out of re-evaluation, the central competent authority shall proclaim to revoke the designation to the recreational agriculture districts. 

Chapter 3   Establishment Application of Recreational Farm

Article 9   

(Excluded)

Article 10  

To set up recreational farm, the agrarian land shall not be less than 90% of the recreational farm or below 0.5 hectare, also shall satisfy the following provisions:

1. Recreational farm application shall be on the entire area of each lot;
2. Shall have at least one direct access to the road above township grade; 
3. Area shall be adjacent to each other in a complete shape, not scattering. But exemption is provided for one of the following circumstances: 

1. Waterway or trail therein under six-meter wide or trail less than six-meter wide therein adjacent to a waterway less than two-meter wide with safety measures without hindrance to recreational activities;
2. Separation due to public facilities after preparation consent for recreational farm secured; safety facilities are set up, and the recreational activities are unaffected.
3. The lands in recreational agriculture districts in an application may be two separate lots with each lot exceeding 0.1 hectare.     

The land area of waterway, trail or public facilities in the preceding items (1) and (2) of subparagraph 3 shall be excluded from the calculation of the agrarian establishment area under the preceding paragraph. 

Article 11  

Development and utilization of recreational farm shall comply with the requirement of respective regulation of related urban planning, regional planning, soil and water conservation, slope land conservation and utilization, building code, environmental impact assessment, tourism development, and the other relevant ordinances.

 Article 12  

The application for the establishment-preparation of recreational farm shall be made to the local competent authority; shall the land locate in two local authorities or more, it is to the local competent authority of larger portion of the land.

Article 13  

The application for establishment-preparation of recreational farm shall complete the application form and provide the following documents: 

1. When the applicant is a natural person, the identification documents of the applicant shall be provided; when the applicant is a legal person, the identification documents of the responsible person of the applicant and the incorporation registration documents of the applicant shall be provided.
2. Management Program.

The management program specified in the preceding paragraph shall include the following contents and documents:

1. Basic information:

1. Transcripts of the land register issued in the most recent three months. This may be exempted if an electrical transcript can be applied via the Internet.
2. Transcripts of the cadastral map.
3. Land-use cadastres.
4. Land use permits or the permits for the development of public lands. This may be exempted if the land is solely owned by the applicant.

2. Status analysis: drawings of the geographic locations and relevant plans.
3. Resources for the development of recreation agriculture.
4. Development goals and strategies.
5. Ideas of the planning of the use of the lands in the whole area:

1. Drawings of the current use and scope of the base.
2. Evidentiary documents for the legal use of the current facilities or relevant business licenses. These may be exempted if there is no current facility.
3. Status of each facility and the schedule for the facilities to be established in different phases.
4. The layout from the planning and ideas in different phases. This may be exempted if there are no different phases.

6. Directions for operation and management.

The legal persons who apply for the establishment of a recreational farm shall be limited to farmers associations, agricultural experimental research organizations, and other agricultural enterprises and institutions which have experience in agricultural operations.

If the area of the recreational farm to be established under an application is less than ten hectares, the documents specified in the first paragraph shall be provided in ten counterparts; if the area of the recreational farm to be established under an application is ten or more hectares, the documents specified in the first paragraph shall be provided in twenty counterparts.

Implementation of the recreational agriculture facilities in the management program may be in phases pending upon the necessity; but it shall concurrently describe the work scope and schedule of each phase.

Article 14  

For the establishment-preparation application of recreational farm of less than ten hectares, it is the local agricultural competent authority in association with related departments to examine the application and to issue the consent document for the establishment preparation upon requirements satisfied.  For those over and inclusive of ten hectares, it is the central competent authority to issue the consent document after the examination of the local competent authority.

Before the permit registration certificate for the recreational farm approved by the competent authority to be established is acquired, the contents of the management program and the changes to the area or scope of the recreational farm shall be submitted for approval according to the following procedures:

1. If the establishment area is less than ten hectares, or the area is still less than ten hectares after the contents of the management program are changed: the application will be examined and, if relevant requirements are met, approved by the local agricultural competent authority in association with related departments.
2. If the establishment area is ten or more hectares, or the establishment area is ten or more hectares after the changes: the application will be submitted to the central competent authority for approval after examined by the local competent authority.

To the management program with development in phases, it is on the completion of each phase against the schedule approved to apply for or to replace the permit registration certificate.  

Article 15  

The applicant, upon acquiring the consent document from the competent authority, shall apply to the local competent authority for the use-permit for the recreational agriculture facilities.  Those involved with the designation change of the non-urban land, the applicant shall formulate a business development program for approval from the local competent authority.  

Shall the land use designation change for the preceding business development program exceed two hectares; it is necessary to change the land use zoning.  

The format, contents and examination guidance of the preceding business development program is for the central competent authority to proclaim.

Article 16

The duration for the establishment of a recreational farm from the date on which the permit for the establishment of the recreational farm is issued to the acquisition of the permit registration certificate for the recreational farm is required as follows:

1. For the public land approved to be established: four years.
2. For the land other than that specified in the preceding subparagraph: four years at most, and the duration for the establishment shall not exceed the term of the permit for the use of the land.

If the term of the permit for the use of land specified in subparagraph 2 of the preceding paragraph is less than four years and relevant evidentiary documents are acquired again during establishment, an application for the issuance of a new permit for establishment is permitted, while the sum of the original and new durations for establishment shall not exceed four years, as specified in the preceding paragraph.

Recreational farm with business plan failing in securing permit registration of recreational farm in the duration on rightful reasons, may apply to the competent authority of municipality or county (city) or the central competent authority for extension in three months prior to expiration.  Duration for each extension is limited to two years and two extensions; but, exemption for those on one of the following circumstances.

1. Due to public works and reconfirmed as inexorable by the competent authority for the public works as to result to completion impossible in the preparation duration are permissible for the extension of a third time.
2. Those with business plans approved by the competent authority of municipality or county (city) and earmarked for specific guidance and assistance of the central competent authority are permissible for the extension of a third time. In three months prior to expiration of the third extension duration, the ultimate extension is applicable to those having demolished or secured demolition document(s) to the existing facilities not allowable for lawful documents by building regulations, and the remaining facilities having already secured building erection permits.

To processing the ultimate extension application of the preceding subparagraph 2, the competent authority of municipality or county (city) shall set up a task team of building and fire departments, the professionals and the academic to assess a reasonable duration for completing construction and use permit of the facilities and check-point schedule to the central competent authority for the extension approval and the duration. The maximum duration shall be four years.

The competent authority of municipality or county (city) shall examine the progress of each facility against the check-point schedule approved by the central competent authority. Those, with facilities not duly being completed against the approved schedule, shall be reported to the central competent authority to revoke the final duration approval and to resort to the provisions of subparagraph 3 of Article 17.  

In the recreational farm, facilities and management of lodging, catering, processing (brewing) the farm’s products, exhibit (sale) of farm products and rural artifacts, education-narration center, and such related facilities and operations, if their permit or registration is required by law, they shall be secured prior to business operation.

Article 17

The legal right to use the land of a recreational farm approved to be established shall be acquired, and the recreational farm of preparation consent shall follow the business plan to secure uses permit to the facilities or to pursue the facilities development. Upon completion of the works in the business plan and securing lawful documents to the facilities, they shall report to the competent authority of municipality or county (city) for examination, upon the examination satisfaction, to be referred to the central competent authority Registration Permit of Recreational Farm.     

Setting up application for recreational farm, all facilities in the business plan in place already and lawful use documents for the existing facilities secured, may submit the application form, business plan, land uses cadastres and the relevant document(s) to the competent authority of municipality or county (city), upon examination satisfaction on the consistence with the business scope, to issue preparation consent paper and to refer to the central competent authority to issue permit registration certificate.

The valid term of the permit registration certificate for a recreational farm is as follows:

1. For the public land permitted: five years.
2. For the land other than that specified in the preceding subparagraph: a maximum of five years, and shall not exceed the term of the permit for the use of the land.

To those failure in acquiring the legal right to use the land or completing all facilities in the business plan against the specified schedule and to secure permit registration certificate, the central competent authority or the competent authority of municipality or county (city) shall revoke their preparation consent papers, uses permit and business plan and report to the central competent authority to revoke their permit registration certificate.

Within six months before the expiration of the permit registration certificate for a recreation farm, the responsible person of the recreational farm may fill an application and submit it together with the following documents to the competent authority of municipality or county (city) for the issuance of a new permit registration certificate. After the application and the following documents are examined and approved by the competent authority of municipality or county (city), they will be submitted to the central competent authority for the issuance of the new permit registration certificate:

1. The original permit registration certificate.
2. The permit for the use of the land. This may be exempted if any of the following circumstances is met:

1. The land is solely owned by the applicant.
2. The public land is permitted.

After the new permit registration certificate for the recreational farm specified in subparagraph 1 of paragraph 3 is issued, the legal right for the use of the public land shall be applied for. If the legal right for the use of the public land is not acquired as required, the competent authority of the public land will report to the central competent authority to revoke the permit registration certificate.

Article 18 

The land of the recreational farm with establishment-preparation permitted or obtained already the permit registration is not eligible to affiliate into the application of the other recreation farm.

The public land within the recreational farm applying for land use designation change shall coordinate the management agency for consent to be affiliated for the designation or change of the designation.

Shall it be necessary to contribute feedback fee in the land use change for the recreational farm; it follows the Regulation for the Feedback Fee Contribution and Allocation of Changing Agricultural Land Use.    

Chapter 4 Facility in Recreational farm

Article 19  

Agriculture facilities permissible in recreational farm are as the following:

1. Lodging.
2. Catering.
3. Processing (brewing) workshop for agricultural products.
4. Exhibit (sale) for agricultural products and rural artifacts and narration and education center.
5. Ticket office.
6. Safety and security.
7. Pavilion.
8. Overlooking.
9. Sanitation.
10. Farming experiencing.
11. Ecology experiencing.
12. Safety precaution.
13. Car park.
14. Interpretation board.
15. Camp.
16. Recreational trail.
17. Soil-water conservation.
18. Environmental protection.
19. Farm trail.
20. Landscape facilities.
21. Facilities for the treatment of agricultural and special products.
22. The other recreational agriculture facilities approved by the competent authority of municipality or county (city).

The agrarian land areas where the facilities for recreational agriculture specified in the preceding paragraph may be established are as follows:

1. The following areas designated by the Regional Plan Act as non-urban lands:

1. The lands used for farming, animal husbandry and fish culture in the land use zones other than industrial areas or river areas.
2. The lands used for forestry in the land use zones other than industrial areas, river areas or forest areas, provided that only the facilities for recreational agriculture specified in subparagraphs 1 to 4, 7 to 9 and 12 to 18 of the preceding paragraph are permitted to be established.

2. The lands in agriculture areas and reservations as determined by the Urban Planning Act.

The pavilion specified in subparagraph 7 of paragraph 1, out-looking facilities specified in subparagraph 8 of paragraph 1 and sanitation specified in subparagraph 9 of paragraph 1 shall not exceed 45 square meters when established on the lands used for forestry.

The standards for the establishment of the facilities for the treatment of special agriculture products specified in subparagraph 21 of paragraph 1 are as follows:

1. Only one place where a recreational farm is permitted to be established.
2. The area of the base of a one-floor building shall not exceed 100 square meters.
3. The height of the building shall not exceed four point five meters.

Unless use permitted by law otherwise, shall the area of recreational farm satisfy the following provisions; it is allowable for the facilities of the preceding subparagraphs 1 to 4 of paragraph 1 and by resorting to relevant regulations to pursue land uses re-zoning or uses permit:

1. Exceeding one hectare in non-slope land;
2. Exceeding one hectare in urban slope land or ten hectares in non-urban district.

The total land area for the facilities in the preceding paragraph shall not exceed twenty percent of the agrarian land in the recreational farm and is limited to three hectares; shall the recreational farm exceed two hundred hectares, it is allowable for five hectares.

The land area for recreational farm in paragraph 5 shall encompass slope land and non-slope land, the slope land criteria is to apply; in a mix of urban and non-urban districts, it is the criteria of non-urban district to apply. Shall part of the land locate in a national park; it is subject to the control of national park plan.

The recreational agriculture facilities of subparagraphs 5 to 22 in paragraph 1 shall apply for uses permit by relevant regulation.

The examination provisions for permissible uses application of recreational agricultural facilities shall be proclaimed by the central competent authority.

In recreational farms, the total area of non-agrarian land, farm cottage, and the facilities in agrarian land shall not exceed forty percents of the recreational farm. But, those facilities of the subparagraph 3, Paragraph 2, and Article 8 of the Examination Regulations for Application of Agrarian Land for Agriculture Facilities Uses are excluded.  The rest of the agrarian lands shall be available for enterprises such as agriculture, forest, aquaculture and animal husbandry to use.

Article 20

The principle for all the facilities in a recreational farm is for the purpose of agricultural management without undue hazard to the nature, culture or landscape.

The building height of the preceding facilities shall be consistent with the existing building administration regulation or under10.5 meters high; but out-looking facilities or the facilities for the purposes of public safety or environmental preservation with the safety evidence and approved by the central competent authority are exempted.

Chapter 5 Management and Supervision of Recreational farm

Article 21  

Those recreational farm applicants, approved for development in phases by the Paragraph 2 of the Article 14, may present the completed facilities of each phase to the competent authority of municipality or county (city) for examination, upon satisfaction referring to the central competent authority to issue (replace) Permit Registration of Recreational Farm.  
The preceding permit registration certificate shall specify the approved business areas, facility items and sizes completed of each phase, and limit to the permitted uses.  

The facilities in the Paragraph 1 classified as buildings by building regulations shall secure building use permit.

Application for Permit Registration of Recreational Farm shall be charged with fee provided in the Regulations of Fee Standards for possessing Permit application and issuing certificate of the agricultural competent authority.

Those recreational farm applicants in the situation of being incapable of completing all the facilities in the business plan in the specified duration, they shall apply to the competent authority of municipality or county (city) for changing the business plan in three months prior to expiration.   

Article 22  

Change of the name, the reliability person, business items, or business recess, reopening of recreational farm shall report in advance to the competent authority of municipality or county (city) to approve to refer to the central competent authority for change or approval of permit registration of recreation farm, unless the situation extraordinary otherwise. If a business recess is applied for, the permit registration certificate shall also be submitted.

Change in the contents of business plan, the land area or boundary of the recreational farm which has a permit registration certificate shall be approved by the central competent authority after being approved and transferred by the competent authority of municipality or county (city).

The business recess duration of a recreational farm shall not be longer than one year; those with rightful reasons may apply for the recess extension in 15 days prior to the recess duration expired, but limited to one year only.

An application for the reopen of business may be filed with the competent authority of municipality or county (city) in 15 days prior to the expiration of the recess duration of a recreational farm, and after the competent authority of municipality or county (city) reviews and approves the application, a report will be submitted to the central competent authority for its issuance of the changed permit registration certificate of the recreation farm.

To those failures in approval application for business recess against paragraph 1 or reopening the business against the preceding paragraph prior to the recess duration expired, the competent authority of municipality or county (city) shall report to the central competent authority to revoke their permit registration of recreational farm.

To the termination of recreational farm business, the reliability person, in one month after the date termination effective de facto, shall report to the competent authority of municipality or county (city) to refer to the central competent authority to revoke their permit registration of recreational farm.   

Article 23 

Recreational farm shall comply with Corporation Act, Business Registration Act, Tourism Development Ordinance, Food Hygiene Administration Regulation, Unified Licensing Regulation for Profit-Making Business, Regulation for Profit-Making Business Registration, Business Taxation Act, Income Tax Act, Property Taxation Regulation, Land Tax, and relevant regulations to apply for business registration and tax paying.

Article 24  

The competent authority of municipality or county (city) shall coordinate the other competency agencies of concern to inspect the recreational farms on preparation consent or permit registration certificates approved regularly or irregularly, and to command those in breach of the provisions in the Regulations to improve by a specific date. To those failures in improvements in the specified duration, punitive enforcement against relevant legislations shall be served. To those deemed to jeopardize the public safety, it is permissible by resorting to relevant legislations to terminate the use of the part or the all.

To those recreational farms critically involving with those situations specified in the Article 71 of The Regulations for Agricultural Development, the competent authority of municipality or county (city) shall revoke their preparation consent papers or to present to the central competent authority to revoke their permit registration certificates.    

If the permit registration certificate of a recreational farm is revoked by the central competent authority, the competent authority shall also revoke the consent document for the establishment of the recreational farm, using permit and the business plan to facility development, and shall notify the competent authority of buildings and the competent authority of regional plans or urban plans to handle relevant matters according to relevant regulations.

The lawful cottage erected in the recreational farm with Permit Registration is allowable to apply for management of home stay in accordance with Provisions for the Management of Home Stay Facilities.    

Article 25

(Excluded)

Article 26

The recreational farm may apply for the permit for using the recreational farm badge registered by the central competent authority.

Article 27

The central competent authority may provide assistance in financing arrangement or provide management counsel to the recreational farm with establishment approval and registration.

The local competent authority based on their existing circumstance of the recreational agriculture development may initiate their autonomy ordinance to implement the mechanism of total volume control on recreational farm.  

Chapter 6 The Supplement

Article 28  

Those recreational farms, earmarked for specific guidance and assistance prior to this Regulations (Amendment) effective on the date of 6 April 2006 but their legitimate registrations did not complete nor their Preparation Content revoked, may follow the following measures.

1. Applying for changing the business plan for development in phases in the provisions of the Article 21.
2. Shall the preparation duration expire but intend to continue the preparation; they shall apply, against the Paragraph 3 of Article 16, for extension in three months from the date of 24 March 2011, the Amendment of the Regulations into implementation.
3. Those with valid preparation duration shall pursue the Paragraph 3 of Article 16.

The competent authority of municipality or county (city) may also apply to the central competent authority for inviting the other competent authorities of concern to set up a task team for guidance and assistance.

If a permit registration certificate was acquired before July 22th 2013, the date on which this Regulation was amended and enforced, an application for the issuance of a new permit registration certificate shall be filed with the central competent authority within the required periods as follows:

1. For the permit registration certificate acquired before December 31st 2006, the application for a new certificate shall be filed within two years upon the date on which this Regulation was amended and enforced.
2. For the permit registration certificate acquired during January 1st 2007 to December 31st 2010, the application for a new certificate shall be filed within three years upon the date on which this Regulation was amended and enforced.
3. For the permit registration acquired during January 1st 2011 to July 22nd 2013, the date on which this Regulation was amended, the application for a new certificate shall be filed within five years upon the date on which the permit registration certificate was issued.

If the new permit registration certificate is not filed within the periods as required in the preceding paragraph, the original permit registration certificate of the recreational farm will be revoked by the central competent authority.

Article 29  

To promote the development of recreational agriculture the central competent authority may pursue evaluation on the recreational agriculture districts and recreation farms for originating further counsel and promotion.

Article 30  

The Regulation will be into effect from the date of promulgation.