he Ministry of Agriculture, Food and Rural Affairs (Minister Song Mi-ryung, hereinafter MAFRA) is announcing legislative amendments to the 「Enforcement Decree and Enforcement Rules of the Farmland Act」 (hereinafter referred to as "the draft amendments") for public comment for 41 days, from October 29 to December 9. This follows up on the measures announced at the beginning of the year to relax regulations on rural residential shelters and vertical farms, and to prepare for the enforcement of the 「Farmland Act」, which was revised and promulgated in January 2024 and is scheduled to take effect in January 2025. The draft amendments contain matters delegated by the law.
[Fulfilling Follow-up Measures from the Public Livelihood Debate and Enhancing Convenience for Farmers.]
Establishment of the basis for introducing rural residential shelters and easing regulations on farm sheds
The Ministry of Agriculture, Food and Rural Affairs is establishing a legal basis to allow for the installation of rural residential shelters in the form of temporary structures on farmland. This is being done to help spread the rural population and revitalize the rural economy..
First, the 「Enforcement Decree of the Farmland Act」 allows for the installation of rural residential shelters on farmland without a change-of-use procedure. Additionally, the Enforcement Rules for the same act specify the detailed requirements for installing these shelters, such as their size and permitted duration.
※ Specific Criteria for Rural Residential Shelters (Newly established Article 3-2 of the 「Enforcement Rules of the Farmland Act」).
Installation Area The installation area is a key criterion for the rural residential shelters. It's defined by the following rules: Total floor area must be 33㎡ in accordance with the provisions of the Enforcement Decree of the Building Act. You must own farmland that is at least twice the combined area of the shelter and its ancillary facilities. An obligation to farm is imposed on the landowner. Allowing the Installation of Decks, Septic Tanks, and Parking Lots (Separate from Total Floor Area) This provision permits the installation of these facilities without them being counted towards the total floor area (33㎡) limit for the rural residential shelter. This is a crucial detail for ensuring the practical use of the shelter, as it allows for essential amenities to be added without violating the size restrictions.
Period of Retention Maximum 12 years: The shelter can be retained for a maximum of 12 years, with extensions granted in 3-year increments.+α (local ordinance): An additional period may be allowed based on a local government ordinance.
Siting Criteria Location: The shelter must be adjacent to a road (including existing roads).Restricted Areas: Regulations apply to areas where installation is restricted, such as disaster prevention zones.
Safety Standards An obligation to install residential fire safety equipment, such as fire extinguishers and stand-alone smoke alarms, is imposed. |
Potential Barriers to Entry for Rural Residential Shelters Following the announcement of the rural residential shelter plan last August, some concerns were raised that the 12-year limit on the period of retention could, in fact, create a higher barrier to entry for these shelters. The argument is that a 12-year time limit may discourage people from making a significant financial investment in building a shelter, as they would eventually have to remove or relocate it. The regulation's intent is to prevent the shelters from becoming permanent rural residences, but critics suggest this limitation might deter the very people the plan aims to attract. This concern highlights the ongoing debate between encouraging rural revitalization and preventing the misuse of agricultural land.
Reassuring the Public About Rural Residential Shelters To address public concerns and assuage worries about the 12-year retention limit for rural residential shelters, the Ministry of Agriculture, Food and Rural Affairs has included a new provision in the revised legislation. This new clause allows for the extension of the retention period through a local government's building ordinance even after the initial 12 years have passed. This extension is permitted as long as the shelter does not compromise "safety, function, aesthetics, or the environment." This amendment is designed to provide greater flexibility and long-term viability for these shelters, thereby encouraging more people to participate in rural revitalization initiatives without the fear of their investment being lost after a fixed period.
Easing Access for Rural Residential Shelters To make it easier for people to establish rural residential shelters, the new regulations have clarified the definition of an adjacent road. The previous requirement was simply that the shelter had to be "adjacent to a road." The new law specifies that this can include: Myeon-do, i-do, or nong-do (local roads) as defined by the Rural Roads Maintenance Act De facto roads that are wide enough for emergency vehicles like fire trucks and ambulances to pass By clarifying this, the law now allows for the installation of shelters on farmland adjacent to existing "de facto roads," not just those officially designated in regulations. This change aims to provide more flexibility and reduce barriers for those wanting to establish a shelter.
In addition, the revised law includes a provision to address the inconveniences faced by farm shed users. It now allows the installation of decks and septic tanks to be excluded from the farm shed's total floor area (20 square meters).
Relaxing Regulations for Vertical Farms on Farmland
There has been a continuous demand to allow for the installation of vertical farms on farmland without a change-of-use procedure to address climate change and enhance agricultural productivity.
This is a temporary or permanent building-type facility that improves crop yield and quality through a multi-tiered indoor structure, with a high degree of environmental control and production process automation.
Relaxing Vertical Farm Regulations To address this, the Ministry of Agriculture, Food and Rural Affairs has already extended the temporary land-use period for vertical farms (in the form of temporary structures) from a maximum of 8 years to 16 years (effective July 3, 2024). The new draft amendment goes a step further. It includes a provision that allows all types of vertical farm facilities to be installed without a separate process for converting farmland if they are located in: Rural Specialization Zones (Rural Industrial Zones, Rural Convergence Industrial Zones) under the Rural Spatial Restructuring Act. Smart Agriculture Promotion Zones under the Smart Agriculture Act. This aims to encourage the consolidation and scaling up of vertical farm facilities, promoting them as a key part of modern, smart agriculture.
3. Allowing the Installation of Agricultural Equipment and Supply Stores in Agricultural Promotion Zones
Improving Convenience for Farmers To enhance convenience for farmers in purchasing agricultural supplies, the government has pushed for a policy change. This reform will allow agricultural equipment and supply stores to be installed within Agricultural Promotion Zones, whereas previously they were only permitted outside of these zones.
[Preparing Timely Delegated Matters Following the Farmland Act Revision in January 2024]
In addition, to ensure systematic farmland management, the revised draft legislation includes detailed standards that were delegated by the law to lower-level ordinances. These include procedures for establishing a basic plan and implementation plan for farmland management, criteria for fines when the duty to report a change in land category is not met, and procedures for reporting land improvement (fill and cut).
Yoon Won-seup, the Director-General of Agricultural Policy at the Ministry of Agriculture, Food and Rural Affairs, stated, "We will proceed with these draft amendments without a hitch so that farmland can contribute not only to enhancing agricultural productivity but also to expanding the resident population in rural areas. We also plan to swiftly prepare comprehensive measures by the end of the year to reform the farmland system for a more rational use of agricultural land."