The Regulations for Controlling the Use of Non-urban Lands were amended to ease the restrictions on the installation of photovoltaic facilities on recreational lands (Taiwan)

Sean Tsou

The Ministry of the Interior promulgated the Partial Amendments to the Regulations for Controlling the Use of Non-urban Lands on Recreational Lands (hereinafter, the “Regulations”) and Schedule I to Article 6 of the Regulations via the Nei-Shou-Zhong-Ban-Di-1080260590 Directive of February 14, 2019.

These amendments were made to accommodate the plan of the Ministry of Economic Affairs to expand renewable energy power generation facilities and increase the power generation share of renewable energy.  These amendments also deleted the restriction that photovoltaic power generation facilities on recreational lands shall be used for recreational facilities only and the dotted usage area shall not exceed 660 square meters in the Detailed Table for the Usage Items and Permitted Use for All Kinds of Lands in the original Schedule I to Article 6 of the Regulations.  However, it is specifically required that the installation of photovoltaic power generation facilities shall not affect the nature and functions of recreational use.

In addition, the other amendments to the Regulations also include the following highlights:

(1) The policy of “developing location-based under-forest economy” is accommodated by allowing forestry lands to be used for “operational use for under-forest economy.”

(2) With respect to indigenous reservations which have been actually used for residential purposes, Article 46-1 of the Regulations is amended to specifically stipulate that such type of land before the effective date of these amendments may be rezoned as a construction land through a business initiation plan prepared by village (township, city or district) offices so that such land may be lawfully used.