Public Notice of the Amendment to the Enforcement Decree of the Development Restriction Zone Act Starting from the 28th

The Ministry of Land, Infrastructure and Transport announced on the 28th that it will conduct a legislative and administrative notice for the amendment of the 'Enforcement Decree of the Greenbelt Act,' which includes expanding the authority of non-metropolitan local governments to lift restrictions in greenbelt areas, as well as amendments to subordinate guidelines such as the 'Metropolitan Urban Planning Establishment Guidelines.'

This amendment is a follow-up measure for institutional improvements, such as expanding the authority of non-metropolitan local governments to lift greenbelt restrictions (from 300,000㎡ to 1,000,000㎡), announced in the '2023 Ministry of Land, Infrastructure and Transport Work Plan' and the '3rd Central-Local Cooperation Meeting' presided over by the President.

First, through amendments to the Enforcement Decree of the Greenbelt Act and the Urban and County Management Planning Establishment Guidelines, the authority of non-metropolitan local governments to lift restrictions will be expanded.

To promote regional balanced development and enable regions to proactively utilize urban spaces including greenbelt areas, the authority delegated from the Minister of Land, Infrastructure and Transport to the mayors and governors will be expanded for non-metropolitan areas from lifting restrictions on areas up to 300,000㎡ to less than 1,000,000㎡.

For development projects in non-metropolitan areas between 300,000㎡ and 1,000,000㎡ where additional authority is expanded, consultation with the Ministry of Land, Infrastructure and Transport will be mandatory even when plans are changed, thereby encouraging orderly development.

With the amendment of the Metropolitan Urban Planning Establishment Guidelines, exceptions can be set for the total allowable area for lifting greenbelt restrictions in national strategic projects.

When national strategic projects such as industrial complex and logistics complex development projects designated by the state are promoted in non-metropolitan greenbelt areas, they can be set as exceptions to the total allowable area for lifting greenbelt restrictions through deliberation by the Central Urban Planning Committee and the State Council. The total allowable area refers to the maximum area where greenbelt restrictions can be lifted.

The criteria for lifting restrictions will also be revised. Accordingly, for non-metropolitan local governments where greenbelt areas run through cities and urban areas expand along terrain or transportation routes requiring management as a single living zone, the minimum width regulation of 5 km for greenbelt areas will be relaxed.

Among the environmental evaluation grades that serve as criteria for lifting greenbelt restrictions, 'water quality' will allow lifting if water pollution prevention measures that meet the Ministry of Environment standards are established.

The public interest and environmental aspects will be strengthened. When greenbelt lifting projects are promoted by special purpose corporations (with more than 50% public shareholding), 'other public institutions' included in the public shareholding will be excluded to strengthen the requirements for public development of greenbelt lifting projects.

Currently, the composition requirement for public shareholding is 50% or more from the state, local governments, public institutions (public enterprises, quasi-governmental institutions, other public institutions), and local public corporations, but this will be changed to 50% or more from the state, local governments, public institutions (public enterprises, quasi-governmental institutions), and local public corporations.

Also, when lifting greenbelt restrictions, to activate the 'Greenbelt Damaged Area Restoration System,' which restores surrounding damaged areas as parks or green spaces within 10-20% of the lifted area, the restoration target areas will be expanded to include illegal storage areas and others.

If a developer cannot find a restoration target area, the conservation charge payable is relatively low compared to the cost of restoration projects, so to reflect this reality, the conservation charge will be increased. Accordingly, the conservation charge will rise from 15% to 20% of the average individual publicly announced land price.

The full text of the amendment can be viewed from today on the Ministry of Land, Infrastructure and Transport website under Policy Data - Legal Information - Administrative Notice, and opinions can be submitted via mail, fax, or the website.

This content was produced with the assistance of AI translation services.