Article 6(Cancellation of designation of forest conservation zones) #
(1) "Any other ground prescribed by Presidential Decree" in Article 11 (1) 1 (b) of the Act means where a zone designated as a forest conservation zone falls under any of the following cases: <Amended on Dec. 3, 2014>
1. Where a forest conservation zone is deemed unable to continue to fulfill its functions because of the urbanization or development of the land around the zone;
2. Where a forest conservation zone is deemed unable to fulfill its functions because the land that surrounds the zone is not a forest defined in subparagraph 1 of Article 2 of the Creation and Management of Forest Resources Act and the area of the zone is less than 10,000 square meters.
(2) "School facilities, farm road facilities, major industrial facilities, military facilities, river facilities, roads, railroad facilities, or other official or public facilities prescribed by Presidential Decree" in Article 11 (1) 1 (c) of the Act means any of the following facilities: <Amended on Jul. 14, 2014; Dec. 3, 2014; Jul. 20, 2015; Jul. 24, 2015; Jul. 6, 2016; Mar. 29, 2017; Jun. 26, 2018; Jun. 2, 2020; Feb. 2, 2021>
1. A kindergarten defined in subparagraph 2 of Article 2 of the Early Childhood Education Act; school referred to in each subparagraph of Article 2 of the Elementary and Secondary Education Act; and school referred to in each subparagraph of Article 2 of the Higher Education Act;
1-2. A road in agricultural and fishing villages defined in Article 2 (1) of the Act on the Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages;
1-3. Facilities related to the industrial complexes defined in subparagraph 8 of Article 2 of the Industrial Sites and Development Act, the defense industry defined in Article 2 (1) 2 of the Defense Industry Development and Support Act, and the aerospace industry defined in subparagraph 1 of Article 2 of the Aerospace Industry Development Promotion Act;
1-4. National defense and military installations defined in subparagraph 1 of Article 2 of the Act on National Defense and Military Installations Projects;
1-5. River facilities defined in subparagraph 3 of Article 2 of the River Act and other facilities similar thereto;
2. Roads defined in subparagraph 1 of Article 2 of the Road Act; railroad facilities defined in subparagraph 2 (a) through (d) of Article 3 of the Framework Act on Railroad Industry Development; electric power source facilities defined in subparagraph 1 of Article 2 of the Electric Power Source Development Promotion Act, the implementation plan for which has been approved under Article 5 of the same Act; storage facilities to fulfill the obligation to stockpile petroleum under Article 17 of the Petroleum and Alternative Fuel Business Act; gas supply facilities defined in subparagraph 5 of Article 2 of the Urban Gas Business Act; airport facilities defined in subparagraph 7 of Article 2 of the Airport Facilities Act; and storage facilities to fulfill the obligation to stockpile liquefied petroleum gas under Article 20 of the Safety Control and Business of Liquefied Petroleum Gas Act;
3. Facilities for tramways or cableways installed by the State or a local government under Article 2 of the Tramway Transportation Act;
4. Facilities for windbreak or firefighting;
5. Observation facilities defined in Article 2 (2) 3 of the Weather Observation Standardization Act;
6. Public office buildings built by the State or a local government;
7. Facilities owned by the State or a local government for testing and research on forestry;
8. Facilities for improving the functionality of forest ecosystem centers or ecological woods referred to in Article 18 (4) of the Act;
9. Facilities built in the Korea National Arboretum or an arboretum created according to a plan approved for the creation of the arboretum under Article 7 of the Act on the Creation and Furtherance of Arboretums and Gardens;
10. Facilities necessary for the maintenance and management of an experimental forest under Article 47 (1) of the Creation and Management of Forest Resources Act;
11. Forest bathing places created according to a plan approved for the creation of forest bathing places under Article 20 of the Forestry Culture and Recreation Act;
12. National communications systems or telecommunications systems defined in subparagraph 2 of Article 2 of the Framework Act on Telecommunications;
13. Forest education centers established under Article 13 (1) of the Forest Education Promotion Act.
(3) "Purposes prescribed by Presidential Decree, such as the development of farmland, facilities such as farmhouses, and facilities for fishery farming" in Article 11 (1) 1 (d) of the Act means the following purposes: <Amended on Jan. 17, 2011; Mar. 23, 2013; Jul. 14, 2014>
1. The purpose of installing any of the following facilities by farmers or fishermen defined in subparagraph 3 of Article 3 of the Special Act on Quality Improvement of Life of Farmers and Fishermen and Development Promotion of Agricultural and Fishing Villages; provided, the building sites of such facilities in a conservation zone for disaster prevention specified in Article 7 (1) 4 of the Act shall be limited to a forest not visible from a railroad defined in subparagraph 5 of Article 3 of the Framework Act on Railroad Industry Development or from a road defined in subparagraph 1 of Article 2 of the Road Act:
(a) Improved facilities of a farmhouse;
(b) Facilities for the storage of machines for agriculture or forestry;
(c) Farmers' huts, facilities for growing mushrooms, or facilities for the storage of agricultural or fishery products;
2. The purpose of installing a maintenance house on a building site of less than 100 square meters by the owner of a forest conservation zone to the extent of not contravening the purposes of designation of the forest conservation zone;
3. The purpose of developing the land into the area to any of the following land categories; provided, in cases of the creation of farmland or grassland, it shall be limited to a forest conservation zone prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, the gradient of which is less than 21°:
(a) Farmland under the Farmland Act;
(b) Grassland under the Grassland Act;
(c) Land necessary for the mining industry under the Mining Industry Act.
(4) "Where any ground prescribed by Presidential Decree arises" in Article 11 (1) 1 (e) of the Act means any of the following cases: <Amended on Dec. 29, 2010; Jan. 16, 2018; Jun. 2, 2020; May 7, 2024>
1. Where it is deemed necessary for the designation and management of protection zones pursuant to Article 27 of the Act on Conservation and Utilization of Cultural Heritage (including areas occupied by the State-designated cultural heritage), as well as protection zones (including areas occupied by natural monuments and scenic spots) under Article 13 of the Act on Conservation and Utilization of Natural Heritage;
2. Where it is deemed necessary to use the area as premises of a traditional temple for the designation as a traditional temple preservation zone under Article 6 of the Korean Traditional Temples Preservation and Support Act;
3. Where it is deemed necessary to install a social welfare facility under Article 2 of the Social Welfare Services Act;
4. Where it is deemed necessary to install water supply facilities under Article 3 of the Water Supply and Waterworks Installation Act or a public sewage treatment plant under Article 12 of the Water Environment Conservation Act;
5. Deleted; <Dec. 3, 2014>
6. Deleted. <Dec. 3, 2014>
(5) "Where it is intended to use the relevant forest conservation zone for purposes prescribed by Presidential Decree, such as collecting sand or stones in some parts of the forest conservation zone" in Article 11 (1) 1 (f) of the Act means the following cases: <Amended on May 31, 2024>
1. Where it is necessary to extract and gather soil and rock for recovery from a natural disaster and any similar disaster;
2. Where facilities for exploration and drilling for minerals defined in Article 3 of the Mining Industry Act are installed for drift mining, but the area of such facilities, including portal, facilities for screening and processing minerals, and access roads, is less than 20,000 square meters.
(6) "Site for another purpose prescribed by Presidential Decree" in Article 11 (1) 1 (g) of the Act means the following building sites: <Amended on Dec. 3, 2014>
1. A building site for installing a sports facility for a sports facility business under Article 10 (1) 1 of the Installation and Utilization of Sports Facilities Act;
2. A building site specified by another statute or regulation as one that may be excluded from a conservation zone for development of water resources under Article 7 (1) 3 of the Act.
(7) "Where a cause prescribed by Presidential Decree occurs" in Article 11 (1) 1 (h) of the Act means where it is deemed necessary for the designation and management of a City/Do-designated cultural heritage protection zone (including areas occupied by City/Do-designated cultural heritage) under Article 70-2 of the Act on the Conservation and Utilization of Cultural Heritage as well as a City/Do natural heritage protection zone (including areas occupied by City/Do natural heritage) under Article 41 of the Act on Conservation and Utilization of Natural Heritage. <Added on Jun. 2, 2020; May. 7, 2024>
(8) "Facilities specified by Presidential Decree for official or public purposes" in Article 11 (1) 2 (b) of the Act means any of the following facilities: <Amended on Jun. 26, 2018; Jun. 2, 2020>
1. Railroad facilities defined in subparagraph 2 (a) through (d) of Article 3 of the Framework Act on Railroad Industry Development, observation facilities defined in Article 2 (2) 3 of the Weather Observation Standardization Act, roads defined in subparagraph 1 of Article 2 of the Road Act, and airport facilities defined in subparagraph 7 of Article 2 of the Airport Facilities Act;
2. Electric power source facilities defined in subparagraph 1 of Article 2 of the Electric Power Source Development Promotion Act, the facilities for which an implementation plan is approved under Article 5 of that Act, and telecommunications equipment defined in subparagraph 2 of Article 2 of the Framework Act on Telecommunications;
3. Facilities specified in paragraph (2) 7 through 10.