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Title: Enforcement Rules of Soil and water Conservation Act Ch
Date: 2019.03.07
Legislative: 1.Promulgated by Order of Council of Agriculture, Executive Yuan
No. 84-Nung-Lin-Zi-4131108A on June 30, 1995.
2.Amendment by Order of Council of Agriculture, Executive Yuan
No. 86-Nung-Lin-Zi-86147912 on September 17, 1997.
3.Amendment by Order of Council of Agriculture, Executive Yuan
No. 89-Nung-Lin-Zi-890106407 on February 29, 2000.
4.Amendment by Order of Council of Agriculture, Executive Yuan
No. Nung-Shou-Shui-Bao-Zi-0931842786 on August 31, 2004.
5.Amendment by Order of Council of Agriculture, Executive Yuan
No. Nung-Shui-Bao-Zi-0951843044 on May 1, 2006.
6. Amendment by Order of Council of Agriculture, Executive Yuan
No. Nung-Shui-Bao-Zi-1001862411 on August 29, 2011.
7. Amendment by Order of Council of Agriculture, Executive Yuan
No. Nung-Shui-Bao-Zi-1071857610 on June 5, 2018.
8. Amendment by Order of Council of Agriculture, Executive Yuan
No. Nung-Shui-Bao-Zi-1081864600 on March 7, 2019.
Content:         Chapter I General Provisions

Article 1
These Rules are enacted pursuant to Article 37 of Soil and Water 
Conservation Act (hereinafter called "Act").


Article 2
The phrase "afforested with legally prescribed tree species" as 
mentioned in Subparagraph 7, Paragraph 1, Article 3 of the Act 
refers to afforestation and nurture based on the types of tree, 
method, and density designated by the central or special 
municipality forestry regulatoryauthority.


Article 3
The central or special municipality regulatory authority 
designating the relevant authority responsible for specific 
business, a public business institution, or public entity to 
supervise and manage soil and water conservation treatment and 
maintenance, shall announce the scope of such designated 
supervision and management, and any modification of such scope, 
in a public notice.
The designation made by the central level responsible authority 
pursuant to the preceding paragraph shall be advised to the special
municipality or county/city regulatory authority. Designation made
by the special municipality regulatory authority pursuant to the
preceding paragraph shall be reported to the central authority for
the record.


Article 4
The scope of soil and water conservation treatment and maintenance 
designated by the central level responsible authority pursuant to 
Article 6 of the Act, or above, is as follows:
1. Treatment, operation or utilization under Subparagraphs 1, 6 
   to 8, Paragraph 1, Article 8 of the Act: the cost of soil and 
   water conservation treatment and maintenance totals NT 20 million 
   dollars or above.
2. The utilization behavior matches the Paragraph 1, Article 12 of 
   the Act (requiring a soil and water conservation plan), but does 
   not include that of the Paragraph 4, Article 12 (requiring a 
   simplified soil and water conservation statement).
 
3. Treatment, operation or utilization under Subparagraphs 9, 
   Paragraph 1, Article 8 of the Act: the area of excavation and 
   soil preparation is at least 2,000m2, or the total area being 
   excavated and filled is at least 5,000m3. 
The special municipality or county/city regulatory authority may, 
subject to the special features or requirements of the environment 
of the relevant area under its control, draft stricter conditions 
than those described in the preceding paragraph, submit the draft 
to the central regulatory authority for approval, and enforce the 
approved conditions upon such approval.


Article 5 (Deleted)


Article 6 (Deleted)


Chapter II General Soil and Water Conservation Treatment and Maintenance

Article 7
Slopeland suitable for farming or animal husbandry purpose mentioned in 
Articles 10 and 15 of the Act denotes land suitable for farming or animal 
husbandry as defined by the land classification standards for permissible 
slopeland use under Slopeland Conservation and Utilization Act.


Article 8 (Deleted)


Article 9 (Deleted)


Article 10 (Deleted)


Article 11 (Deleted)


Article 12 (Deleted)


Article 13 (Deleted)


Article 14 (Deleted)


Article 15 (Deleted)


Article 16 (Deleted)


Article 17 (Deleted)


Article 18 (Deleted)


Article 19 (Deleted)


Chapter III Specific Soil and Water Conservation Treatment and 
             Maintenance

Article 20
The contents of a long-term soil and water conservation plan for a 
designated soil and water conservation area mentioned in Article 19 
of the Act are as follows:
1. Type delimited and purpose of delimitation.
2. Location, scope and area delimited.
3. Plan depicting the current land use (on a scale not less than 1/5,000).
4. Basic information on the environmental condition, including the 
   geology, soil, ecology, meteorology, and hydrology of the environment, 
   land ownership, and the managing authority.
5. Layout depicting the overall soil and water conservation planning 
   (on a scale not less than 1/5,000).
6. Plan depicting the order in which soil and water conservation is 
   to be treated and maintained in different areas by stages (on 
   the same scale as mentioned in the preceding subparagraph, and 
   marked in different colors by the stages of
   handling).
7. Content, enforcement unit, method of enforcement, estimated 
   budget with  respect to the handling plan for different stages 
   and areas.
8. Restrictions.
9. Location, scope, content and reason for the requirement for 
   specific or general workmanship in handling.
10. Funds and source thereof.


Article 20-1
The approval of development activities that involves neither a 
change in terrain features of a specific scale with Paragraph 2,
Article 19 of the Act, the central level responsible authority
may assign a subordinate agency or delegate municipal, county
or city competent authorities to handle the aforesaid matters.


Article 21
The managing authority of designated soil and water conservation 
areas establishing a protection belt in accordance with Paragraph 1, 
Article 20 of the Act shall conduct surveys, lay conspicuous boundary 
markers or plant boundary trees, and submit the following information 
to the central level responsible authority either directly or through 
the special municipality regulatory authority, for approval.
1. Basis of establishment.
2. Purpose of establishment.
3. Scope including a location plan and scope map, on a scale not less 
   than 1/5,000,and area of protection belt.
4. Lot number, area, and owner of each lot of land mentioned in the 
   preceding subparagraph, name and domicile of the legal occupant 
   of public land, and status of and restrictions on use of land.
5. Date of implementation.


Article 22
In the event of the building of a reservoir pursuant to Article 29 
of the Act, the protection belt of the reservoir must be included 
as an important item of the building project and handled concurrently 
with the project.


Article 23
Where the protection belt delimited in a designated soil and water
conservation area is slopeland, the management authority of designated 
soil and water conservation areas shall, after applying on its own 
initiative to the central or special municipality regulatory 
authority for amendment and identification of such land as land 
suitable for afforestation or land subject to strengthened 
conservation, request the land administration regulatory authority 
in writing to amend and list said land as forestry land or national 
protection land pursuant to regulations.
The management authority of designated soil and water conservation 
areas mentioned in the preceding paragraph may increase its reward to 
soil and water conservation obligor for completing afforestation.
The management authority of designated soil and water conservation 
areas shall notify the result of the amendment mentioned in Paragraph 
1 to the land operator, occupant or owner, or in the event of public 
land, to the land management authority as well.


Article 24
Pursuant to Paragraph 3, Article 20 of the Act, the management 
authority of designated soil and water conservation areas shall 
apply to the central or special municipality regulatory authority 
in writing for amendment and identification of any forest area 
above a protection belt as land suitable for afforestation, and 
then request the competent forestry authority to list such land 
as protection forest pursuant to Forest Act.
The management authority of designated soil and water conservation 
areas shall directly refer the matter to the management authority 
responsible for forest operation in the event the land mentioned 
in the preceding paragraph is state-owned forestry area, forestland 
for experimentation, or protection forest land.


Article 25
In addition to what is provided in the preceding article, the 
management authority of designated soil and water conservation 
areas shall request the central forestry regulatoryauthority 
either directly or through the special municipality regulatory 
authority, in writing, to list land within a protection belt 
that belongs to a forest area pursuant to Paragraph 2, Article 
21 of the Act, as protection forest pursuant to Forest Act.


CHAPTER IV Supervision and Management

Article 26
The term of slopeland utilization exceeding prescribed limits 
mentioned in Article 22 of the Act denotes activities of 
cultivation, operation or use for agricultural, fishery or animal
husbandry purpose, on land identified by Slopeland Conservation 
and Utilization Act as land suitable for afforestation or land 
subject to strengthened conservation.


Article 27
The soil and water conservation of slopeland identified by 
Slopeland Conservation and Utilization Act as land suitable 
for agricultural or animal husbandry purpose may be handled 
and maintained by way of afforestation or maintenance of natural
trees.


Article 28
The regulatory authority prescribing a time limit for cure pursuant
to Articles 22 to 24, and Article 33 of the Act shall specify the area,
matters to be cured, and time limit for the completion of cure, in 
writing in a notice and serve such notice on the soil and water 
conservation obligor.
Handling guidelines of cure within time limits mentioned in the preceding
paragraph are as follows:
1.Cure must be made within the areas in violation of the Act. Cure shall
  not exceed the    areas in violation of the Act, unless safety concerns
  are taken.
2.Minimizing surface disturbance measures should be taken with vegetation
  natural recovery and reduce barren land area in accordance with Soil 
  and Water Conservation   Technical Specifications.
3.Cure may assist with temporary facilities where necessary , and shall
  avoid permanent    facilities unless safety concerns are taken.
4.For work fails to implement the approved soil and water conservation 
  plan,construction  should comply with original approved content or
  revise the design in   accordance with Soil and Water Conservation
  Plan Review, Approval and Supervision   Regulations.


Article 29
Upon the occurrence of any of the circumstances described in the 
subparagraphs of Paragraph 1, Article 35, the special municipality 
or county/city regulatory authority treating and maintaining soil 
and water conservation on an emergency basis pursuant to Article 
26 of the Act shall request the soil and water conservation obligor
to take the necessary emergency action against calamity within a 
prescribed time limit, with a copy to the authority responsible for
specific business, and, where necessary, further order the soil and 
water conservation obligor to present an anti-calamity emergency 
plan within the prescribed time limit and implement such plan upon 
said its approval.
The soil and water conservation obligor shall suspend work upon 
the occurrence of the above circumstance during the work period 
of soil and water conservation. The original soil and water 
conservation plan must immediately be revised if such revision 
is necessary in line with the implementation of the anti-calamity 
emergency plan. Work may not resume under the original soil and 
water conservation plan until after the implementation of the 
emergency measures and the emergency plan above passes the 
inspection of the regulatory authority in conjunction with the 
authority responsible for specific business. The regulatory 
authority may extend the original work period at its discretion.


Article 30
The contents of the anti-calamity emergency plan mentioned in 
the preceding paragraph are as follows:
1. Name, domicile and residence of the soil and water conservation 
   obligor, or in the event of a legal entity or organization, the 
   name of such legal entity or organization, its office or place 
   of business, and the name, domicile or residence of its 
   representative or manager.
2. Location and scope of development or use.
3. Description of the current condition of the particular calamity 
   (or violation).
4. Content and layout (on a scale not less than 1/5,000) of 
   precautionary measures and work.
5. Completion time.


Article 31
The regulatory authority imposing compulsory demolition or 
elimination of a work object in accordance with Article 23 or 
Paragraph 2, Article 33 of the Act may designate the content of 
the work object to be demolished or eliminated by the obligor of 
soil and water conservation on its own and also the time for 
completion. The regulatory authority will demolish or eliminate 
in a compulsory manner any work object that is not demolished or 
eliminated by the above time for completion.
The regulatory authority enforcing compulsory demolition or 
elimination pursuant to the preceding paragraph shall, pursuant 
to Paragraph 2, Article 23, and Paragraph 3, Article 24 of the 
Act, request the soil and water conservation obligor to pay 
within a prescribed time limit the costs required for such 
enforcement, or deduct such costs from the soil and water 
conservation bond paid by said soil and water conservation obligor.


Article 32
The date of initial punishment mentioned in Paragraph 2, Article 
23 of the Act means the date the special municipality or county/city 
regulatory authority imposes the first fine and serves the notice 
on the soil and water conservation obligor.


Article 33
Takeover of performance pursuant to Paragraph 3, Article 24 of 
the Act is deemed necessary under any of the following circumstances, :
1. Where under Paragraph 1, Article 22 of the Act slopeland is 
   utilized exceeding prescribed limits; or, when farming, 
   forestry, fishing, or animal husbandry activities are being 
   conducted, land is not used pursuant to Article 10 of the Act 
   or soil and water conservation is not treated and maintained 
   in accordance with Soil and Water Conservation Technical 
   Specifications, if no cure is made within the time limit 
   prescribed by the regulatory authority in conjunction with the 
   relevant authorities or if the soil and water conservation 
   treatment and maintenance does not conform to for Soil and 
   Water Conservation Technical Specifications, to the extent 
   that any of the circumstances described in the subparagraphs 
   of Paragraph 1, Article 35 arises.
2. Where either Paragraph 1 or 2, Article 23 of the Act is 
   violated, and no cure is made within the time limit prescribed 
   by the regulatory authority in conjunction with the authority 
   responsible for specific business or the implementation still
   does not conform to Soil and Water Conservation Technical 
   Specifications; or where an order for suspension of work, 
   compulsory demolition or elimination of work object is not 
   complied with, as a result of which the regulatory authority
   deems it necessary to take over the performance.


Article 34
The special municipality or county/city regulatory authority 
taking over performance in accordance with Paragraph 3, Article 
24 of the Act shall notify the soil and water conservation obligor 
of the items to be performed on its behalf and the funds for the 
performance, and announce such takeover of performance in a public
notice of the particular regulatoryauthority.


Article 35
The regulatory authority may take emergency action pursuant to 
Articles 25 to 27 of the Act under any of the following 
circumstances for the purposes of soil and water conservation 
maintenance. The regulatory authority shall notify the soil and 
water conservation obligor of the emergency action being carried 
out, and announce such action in a public notice of the particular 
regulatory authority:
1. Where the riverbed or waterway is silted up with sediment and 
   residue;
2. Where conservation of water resources above or under ground is 
   impaired;
3. Where water, soil or other environment is polluted;
4. Where land collapses, or landslide or debris flow occurs;
5. Where the safety of farmland, buildings, roads and bridges is 
   impaired;
6. Where flood control, drainage, irrigation, or the protection 
   of other water resources or water conservancy facilities is 
   impeded;
7. Where restrictions on designated soil and water conservation 
   areas are violated, as a result of which the function or 
   purpose of soil and water conservation is likely to be directly 
   impacted;
8. Where public safety is otherwise impeded.
The preceding article shall apply mutatis mutandis if the 
regulatory authority carries out emergency action in accordance 
with the preceding paragraph.


Article 36
The emergency action and crackdown in which the regulatory authority 
at any level is entitled by Article 27 of the Act to exercise police 
powers or seek assistance from the military and police in the area 
under the control of the particular regulatory authority, are as 
follows:
1. Emergency action described in any of the subparagraphs of 
   Paragraph 1, Article 35.
2. Crackdown on the development activities banned by Paragraph 
   2, Article 19 of the Act.
3. Elimination of a ground object pursuant to Paragraph 2, Article 
   22 of the Act.
4. Suspension of work, compulsory demolition, revocation of permit,
   or suspension of use of completed work, pursuant to Paragraph 1, 
   Article 23 of the Act.
5. Suspension of work, confiscation of facilities or machinery, 
   or compulsory demolition or elimination of work objects pursuant
   to Paragraph 2, Article 23 of the Act.
6. Takeover of performance pursuant to Paragraph 3, Article 24 
   of the Act.
7. Appropriation of materials, supplies, labor and land, and 
   removal of obstacles, pursuant to Paragraph 1, Article 26 
   of the Act.
8. Otherwise reporting, prohibition or crackdown pursuant to 
   Article 38.


Article 37
All personnel dispatched by the regulatory authority at any level 
to exercise police powers pursuant to Article 27 of the Act must 
wear identification.


Article 38
The special municipality or county/city regulatory authority shall
dispatch personnel to inspect the soil and water conservation 
treatment and maintenance on a frequent basis and, where the Act
is violated, immediately make a report, prohibit or crack down
on the violation. Enforcement must be strengthened in those
areas with high violation frequency.
The reporting, prohibition and crackdown shall be implemented by
the management authority responsible for forest operation in the
event the land subject to the soil and water conservation treatment
and maintenance as mentioned in the preceding paragraph is
state-owned forestry area, forest land for experimentation,
or protection forest land.
The supervision and inspection under the preceding two paragraphs
must be strengthened in the season of typhoons or torrential rain.


Article 39
The competent authority will, at its discretion, reward, or provide 
subsidy pursuant to Article 31 of the Act to, a soil and water 
conservation obligor treating and maintaining soil and water 
conservation with remarkable result.
The regulatory authority will reward or grant a monetary prize to 
the authority or the personnel thereof having soil and water 
conservation treatment and maintenance, or engaged in reporting, 
prohibition or crackdown, with remarkable result, or an informer 
having informed against a violation of the relevant provisions of 
the Act or the violation of slopeland utilization regulation if 
the party being informed against is punished and placed on the 
record.
The regulatory authority shall punish any authority or any personnel 
thereof having obviously neglected their duties in treating and 
maintaining soil and water conservation or in reporting,prohibition 
or crackdown.


Chapter V Supplementary Provisions

Article 40 (Deleted)


Article 41 (Deleted)


Article 42 (Date of Promulgation and Enforcement)
These Rules are enforced as of the date of their promulgation.