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COA Completes Amendments to “Regulations for the Guidance and Administration of Recreational Agriculture” to Help Legalize Recreational Farms

2006-03-07

In response to the demand for the development of recreational farms, the Council of Agriculture (COA) expressed a need to upgrade the effects of recreational agriculture zone planning, to establish systematic mechanisms in recreational agriculture zones and farms and to simplify the application process for legalizing recreational farms. To this end, the council gathered opinions from concerned ofensies and agricultural groups and, after discussion and evaluation, passed amendments to the “Regulations for the Guidance and Management of Recreational Agriculture.” The results will be announced in a few days.

COA said the amendments mainly include:

1. Relaxation of restrictions on the demarcation of non-urban land for recreational agriculture zones (Article 4 amended) from 300 to 600 hectares: Since most villages in non-urban hillside regions are seated on over 1,000 hectares of land, the original regulations setting 300 hectares as the limit for installation of a recreational agriculture zone meant many zones would have to be demarcated to balance the development of recreational agriculture for the entire village. At the same time, the spontaneous and realistic needs of the village and the community should also be taken into consideration. As a consequence, the upper limit for demarcation of non-urban land for recreational agriculture zones has been expanded.

2. Permission for approved guesthouse operations in recreational agriculture zones to conduct retail sales of agricultural specialty products and dining services (Article 7 amended): To develop the extral economy and to increase job opportunities for farmers, the current regulation on guesthouse operations has been amended to allow guesthouses to sell local agricultural specialty products and serve local cuisines. If the guesthouse offers dining services beyond serving guests of the guesthouse, it should apply for a business license.

3. Relaxation of restrictions on divided rest areas for visitors (Article 10 amended): To encourage farmers to participate in the transformation of their farms to recreational farms, the original conditions of divided rest areas for visitors was reduced from 3 hectares to 1 hectare to meet practical demands.


4. Relaxation of restrictions on construction and licensing of recreational farm facilities to allow construction and licensing (and license renewal) in stages (Articles 13 and 21 amended): In consideration of the actual management of recreational farms, to reduce investment risks, and to encourage earlier registration for approval, the construction of recreational agriculture facilities according to the management plan is therefore allowed to proceed in stages. License application and renewal are also allowed to be carried out in stages.

5. Review of preparation timeline for recreational farms (Article 16 amended): Starting from the issuance of approval for the establishment of a recreational farm, if all facilities are not completed according to the management plan and the business license is not acquired within 4 years, the official at the county/municipal , directly-governed city , or the central government is to invalidate the approval. If the applicant can present justifiable reasons to local, county/municipal, or directly-governed city authorities, 3 months before the expiration date with ratification by the central governing authority, the timeline can be extended. The extension is two years and can be granted only twice.

6. Simplification of application procedures for recreational farms with only partial experimental operation in agricultural management (Article 17 amended): To assist the transformation of tourist farms, tourist fruit gardens, and eco-education farms resulting from earlier promotion, the application procedures ought to be simplified. Experimental recreational farms with approved facilities within regulated areas are permitted to apply for licenses.

7. Confirmation of height limits of recreational farm facilities (Article 20 amended): According to current construction control regulations, the height of recreational farm facilities and buildings should not exceed 10.5 meters. In consideration of the appearance of a recreational farm, facility height limits can be lifted. The limits do not apply to public safety or environmental protection equipment (such as lightning rods or monitoring devices for weather forecast and animal migration, etc.) proven to have the function to safeguard tourists, with a certification of safety from architects.

8. Conditions for evaluation and assistance mechanisms to be made specifically for recreational farms under special consideration (Article 28 amended): There are currently 36 recreational farms under special consultation. About half of them went through complicated procedures to pass environmental impact and water conservancy evaluations and to produce business management plans. However, when they finally qualified to apply for the operating permit, the reclassification of land, the construction license, and the occupancy permit, the consultation period was nearing its end. In order to provide the legal foundation for local, county/municipal, or directly-governed city authorities to carry out consultation, this article has been amended to allow local authorities to continue with their consulting projects as well as to apply with the central government and invite Concerned agencies to form special consulting task forces for assistance.

Establishment of an evaluation system for recreational agriculture zones and recreational farms (Article 29 amended): To help develop recreational agriculture, the central government is to an evaluation system of recreational agriculture zones and recreational farms for the purpose of rewarding or providing further assistance.

9. The COA commented that the completion of amendments of the “Regulations for the Guidance and Management of Recreational Agriculture” would help the legalization of recreational farms and, at the same time promote the development of recreational agriculture to a higher level.