2. Reason for proposal

It is intended to improve and supplement some deficiency found in operation of current system by applying some standards such as average slope in mountain land conversion permit standards in the range of 20/100 to meet regional characteristics with relaxation of the ordinance in order to improve settlement conditions in areas with declining populations and revitalize the regional economy, by improving installation conditions in order to prevent disasters caused by landslides, etc. and minimize the damages when reporting exclusive use of a mountainous area or reporting temporary use of a mountainous area to open an access road to a wind power generation facility for housing facilities for farmers, forestry, and fishermen, and by supporting effective evaluation and establishing the standards on safety management of soil and rock accumulated when permitting soil and rock collection with additional designation of professional survey agencies to perform evaluation of economic efficiency of quarry.

3. Main contents

A. Development of major mountain ranges subject to designation as restricted areas where exclusive and temporary use of mountainous areas (Articles 8 (1) 1 through 8 (1) 3 of the draft).

As Korea's mountain ranges are divided into the Baekdudaegan and the Jeongmaek under the Baekdu-Daegan Protection Act. By referencing this definition, the major mountain ranges are organized, and the mountainous areas subject to designation as restricted areas for exclusive and temporary use are arranged accordingly.

B. Allowance of national or local government waste treatment facilities in forestry production areas (Establishment of Article 12 (6) 6 of the draft).

Inclusion among the actions permitted in forestry production areas to allow the country or local governments to install common/public waste treatment facilities.

C. Relaxation of standards on permission to exclusive mountainous areas in declining population areas (Article 20 (7) of the draft).

When converting mountainous areas in areas where the local population is decreasing under Subparagraph 12, Article 2, Special Act on Local Autonomy and Decentralization and Balanced Regional Development, standards such as elevation, average slope, and tree stock accumulation in the “Standards for permitting the conversion of mountainous areas” are relaxed in the range of 20/100 by the ordinance.

D. Clarification of the time to levy alternative forest resource creation fees (Article 21 (1) of the draft)

If permission for the conversion or temporary use of mountainous land is disputed or excluded pursuant to other laws, a replacement forest resource creation fee shall be charged based on the date of the administrative disposition for the intended project.

E. Improvement of the procedure for notifying the amount per unit area of alternative forest resource creation costs (Article 24 (4) of the draft).

The proposed revision adds that the Director of the Korea Forest Service shall notify the amount per unit area of alternative forest resource creation costs pursuant to a review by the Central Mountainous Area Management Committee.

F. Extension of subjects eligible for a refund of alternative forest resource creation costs (Article 25 (2) 6 of the draft)

The case that existing mountain area conversion permit or mountain area temporary use permit is replaced with a mountain area conversion report or mountain area temporary use report that is not subject to alternative forest resource creation fees and is newly accepted is eligible for refund prior to the completion of restoration inspection is included in the subjects for refund.

G. Addition of matters to be reviewed by the Central Mountain Management Committee and Subcommittees (Article 27 and Article 29-2 of the draft)

The proposed revision includes matters related to the announcement of the amount per unit area of alternative forest resource creation costs (Subdivision 1), matters relating to the standards for calculating restoration costs, and matters relating to the notification of the “Standards for the calculation of restoration/recovery costs per unit area” (Subdivision 2), to be deposited in accordance with Article 23 (1) of the Special Act on Management of Mountainous Districts North of the Civilian Control Line, in the matters to be reviewed by the Central Mountain Management Committee.

H. Addition of professional survey agencies to evaluate the economic efficiency of quarries (Article 34 (1) of the draft).

It adds the Korea Forestry Promotion Agency and the Korea Forest Limestone Association to the list of professional research organizations permitted to evaluate the economic efficiency of quarries.

I. Relaxation of the “Standards for designating a quarry complex” (Article 39 (6) 6-2 of the draft).

When changing the designation of an existing quarry complex or designating a quarry complex in an existing soil/rock collection permit area, if the consent of the competent local government head is required, the standards are relaxed so that a quarry complex may be exceptionally designated even in a soil/rock collection restricted area.

J. Investigation and excavation of Korean War remains of fallen soldiers is exempted from deposit for recovery costs (Article 46 (1) 8 of the draft).

The project is exempted from deposition of recovery costs considering that it is difficult to specify the range of recovery sites and to calculate the recovery fees before actual surveys due to the nature of the remains excavation project and that the project is a public project requiring little change in character.

K. Improvement of the “Standards on disaster prevention related to housing facilities for agricultural, forestry and fishermen” (Appendix 3 of the draft).

It aims to improve the “Standards for reporting the conversion of mountainous areas” so that disaster prevention facilities can be installed when constructing houses for farmers, foresters and fishermen and their auxiliary facilities in landslide-prone areas.

L. Improvement of installation conditions for review of disaster risks near access roads to wind power generation facilities (Subparagraph 3 (B) of Appendix 3-3 of the draft)

Areas with a high probability of landslide and areas where landslides have occurred are excluded from the subjects of access road areas based on the results of a disaster risk review according to the landslide risk assessment standard table for wind power generation facility access roads; however, if disaster prevention facilities are installed or disaster prevention measures established in accordance with the Countermeasures against Natural Disasters Act, they are permitted. 

M. Relaxation of the installation area for the temporary use of mountainous areas to which restrictions under other laws are applied (Note 1 of Appendix 3-3 of the draft).

In case of the facilities or actions allowed in accordance with Article 12 (3) of the Act or corresponding law in the public mountain areas for installation areas requiring report of temporary use of mountain areas, installation areas are not restricted.

N. Improvement of the “Detailed standards for permitting the conversion of mountain areas” (Appendix 4 of the draft).

Areas with a high possibility of landslides and areas where landslides have occurred are excluded from the subject areas based on the detailed standards for “there should be no concern of disasters such as soil runoff or collapse.” in the common permission standards for the conversion of mountain areas; however, if disaster prevention measures are established according to a disaster impact evaluation in accordance with the Countermeasures against Natural Disasters Act or the installation of disaster prevention facilities is the condition, the case is permitted; and the average slope standards shall be applied to mountain areas of less than 660 m2; and areas that retain their original form shall be excluded when measuring a slope that divides mountain areas into 100 m2 units.

O. Improvement of the “Standards for evaluating the economic efficiency of quarries” (Appendix 7 of the draft).

The standard drilling area for evaluating the economic efficiency of quarries is changed to the collection area for actual collection from permitted area.

P. Relaxation of the “Standards for areas where soil/rock collection is permitted for construction purposes, etc.” and the establishment of “Standards for the safety management of soil/rock accumulated when soil/rock collection is permitted” (Appendix 8 of the draft).

1) In cases where permission is granted to collect soil/rock for construction and craft purposes, the proposed revision increases the number of times that the minimum permitted area exception rule may be applied (expansion to 20% of synapse to permitted area) from one to two.

2) It establishes criteria for the slope of earthwork and disaster prevention measures for soil stacked within the soil/rock extraction areas, and incorporate residents' opinions when granting soil/rock extraction permits to develop damage reduction measures (such as paving access roads).