Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Special Act on the Environment-Friendly Conservation and Use of Dam Environs and matters necessary for enforcing that Act.
Article 2(Scope of dam environs) #
"Area prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Special Act on Environment-Friendly Conservation and Use of Dam Environs (hereinafter referred to as the "Act") means any of the following areas: <Amended on Jun. 14, 2022>
1. The following areas, among the environs of a dam subject to the Act on Construction of Dams and Assistance to Their Environs:
a. Where the total water storage capacity of a dam is at least 20 million cubic meters: An area within five kilometers from a planned flood water level (referring to a planned flood water level defined in Article 36 of the Enforcement Decree of the Act on Construction and Management of Dams and Assistance, etc. to Their Environs; hereafter the same shall apply in this subparagraph), if no planned flood water level (referring to a planned flood water level defined in Article 36 of the Enforcement Decree of the Act on Construction and Management of Dams and Assistance, etc. to Their Environs; hereafter the same shall apply in this subparagraph) exists;
b. Where the total water storage capacity of a dam is not less than 10 million cubic meters but less than 20 million cubic meters: Areas within 2 kilometers from the planned flood level of the dam;
c. Where the total water storage capacity of a dam is not less than 1 million cubic meters but less than 10 million cubic meters: Areas within 1.5 kilometers from the planned flood level of the dam;
d. Where the total water storage capacity of a dam is not less than 1 hundred thousand cubic meters but less than 1 million cubic meters: Areas within 1 kilometers from the planned flood level of the dam;
2. Areas within two kilometers from the full water level (referring to the full water level defined in Article 2 of the Enforcement Decree of the Act on Assistance to Electric Power Plants-Neighboring Areas Act) among the areas adjacent to power plants (referring to power plants in which generators exceeding 10,000 kilowatts of facility capacity among pumping-supply plants, other than pumping-supply plants) governed by the Act on Assistance to Electric Power Plants-Neighboring Areas Act
Article 3(Areas Subject to Formulation of Plan for Environment-Friendly Use of Dams and Their Environs) #
(1) In formulating a plan for an environment-friendly use of a dam and its environs under Article 4 (2) of the Act, an area subject to utilization shall be an area excluding the following areas from among dam environs: <Amended on Feb. 17, 2021; Oct. 1, 2025>
1. An area for which the Minister of Climate, Energy and Environment deems it impracticable to promote a project for the environment-friendly use of a dam and its environs because it is in violation of any other statute or regulation or it is included in an area, district, or such designated and publicly notified under any other statute or regulation;
2. An area deemed by the Minister of Climate, Energy and Environment in consultation with the heads of relevant central administrative agencies and the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") or the head of the competent Si/Gun/Gu (hereinafter referred to as the "head of the Si/Gun/Gu") that it is likely to restrict the maintenance and management of a dam in the process of implementing a project for the environment-friendly use of the dam and its environs or after completing such project;
3. An area in which the Minister of Climate, Energy and Environment deems that the implementation of a project for the environment-friendly use of a dam and its environs would be accompanied by excessive alteration of the form and quality of land, which would seriously damage the natural environment and make it difficult to conserve the surrounding landscape;
4. An area in which the Minister of Climate, Energy and Environment deems that it is difficult to maintain the water quality at the same level as before the project because the implementation of a project for the environment-friendly use of a dam and its environs may affect the water quality of the water supply source;
5. Among the riparian zones designated in accordance with Article 4 of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin, Article 4 of the Act on Water Management and Resident Support in the Nakdong River Basin, Article 4 of the Act on Water Management and Resident Support in the Geum River Basin, and Article 4 of the Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins, an area deemed by the Minister of Climate, Energy and Environment inappropriate to be included in an area subject to an environment-friendly use plan for dams and their environs;
Article 4(Gathering residents' opinions) #
(1) Where the Minister of Climate, Energy and Environment intends to hear residents' opinions on a plan for an environment-friendly use of a dam and its environs in accordance with Article 5(1) of the Act, he or she shall send a copy of the relevant documents to the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu. <Amended on Feb. 17, 2021; Oct. 1, 2025>
(2) The Mayor/Do Governor or the head of a Si/Gun/Gu in receipt of copies of the relevant documents under paragraph (1) shall publicly announce the following matters in at least 2 daily newspapers circulated nationwide or mainly in the relevant region and on the bulletin board and website of the relevant local government, and shall make the copies of the relevant documents under paragraph (1) available to the general public for perusal for at least 14 days: in such cases, the Mayor/Do Governor or the head of the Si/Gun/Gu may hold a public hearing, if deemed necessary to gather sufficient opinions:
1. The name, location, and area of the project for an environment-friendly use of a dam and its environs;
2. Major details of the project for an environment-friendly use of a dam and its environs;
3. The implementer of a project for an environment-friendly use of a dam and its environs (hereinafter referred to as "project implementer");
4. Period and method of perusal of related documents.
(3) A person who has an opinion on the details of public announcement or related documents under paragraph (2) may submit his or her opinion to the Mayor/Do Governor or the head of the Si/Gun/Gu within the period for perusal under that paragraph.
(4) The Mayor/Do Governor or the head of the Si/Gun/Gu shall review the opinions submitted in accordance with paragraph (3), and submit the submitted opinions and his or her opinion on the review of them to the Minister of Climate, Energy and Environment, and where no opinions are submitted, he or she shall notify the Minister of Climate, Energy and Environment of such fact. <Amended on Feb. 17, 2021; Oct. 1, 2025>
(5) The Minister of Climate, Energy and Environment shall examine whether to reflect opinion on the review opinions submitted by the Mayor/Do Governor or the head of the Si/Gun/Gu within 30 days from the date of receipt of the review opinions submitted and notify the person who submitted the relevant opinion and the Mayor/Do Governor or the head of the relevant Si/Gun/Gu thereof. <Amended on Feb. 17, 2021; Oct. 1, 2025>
Article 5(Change to minor matters in plans for eco-friendly use of dams and their environs) #
(1) "Minor matters specified by Presidential Decree" in the proviso of Article 6 of the Act means the following:
1. Change to the name of a project for an environment-friendly use of a dam and its environs;
2. Change to the name and address of a project implementor;
3. Change within 20/100 of the total project cost stipulated in a plan approved pursuant to Article 4(1) of the Act (including a plan approved for amendment pursuant to the main clause of Article 6 of the Act);
4. Change to the location and structure of facilities, etc. due to the change to the form of land or reflection of the results of geological surveys;
5. Change to a land use plan within the scope of determining an urban or Gun management plan under Article 5(2) of the Act;
6. Amendment that reflects changes occur to the details of a plan finalized under any other statute or regulation as the plan is amended or repealed after the plan has been reflected in the plan for the environment-friendly use of a dam and its environs;
7. Correction of an error in the area, due to mistake, etc., or of such an error as a discrepancy in boundaries.
(2) When a project implementer changes any matter referred to in paragraph (1), he or she shall notify the Minister of Climate, Energy and Environment of the details of such change without delay. <Amended on Feb. 17, 2021; Oct. 1, 2025>
Article 6(Public notice of designation of zones for environment-friendly use of dams and their environs) #
(1) Where the Minister of Climate, Energy and Environment designates an area for an environment-friendly use of a dam and its environs in accordance with Article 7(1) of the Act, he or she shall publicly notify the following matters (referring to matters changed in the case of changed designation) in the Official Gazette in accordance with paragraph (3) of that Article: <Amended on Feb. 17, 2021; Oct. 1, 2025>
1. The name of the project for the environment-friendly use of the dam and its environs;
2. Outline of the project plan for environment-friendly use of the dam and its environs;
3. Project implementer;
4. Location and area of the zone for the environment-friendly use of the dam and its environs;
5. Where there is land, etc. to be acquired or used, the following matters:
a. Detailed records of land, etc. to be acquired or used;
b. Names and addresses of the owners of land, etc. to be acquired or used and of relevant persons under subparagraph 5 of Article 2 of the Act on Acquisition of and Compensation for Land for Public Works Projects;
6. Drawings under Article 3(3)6;
7. Other matters deemed necessary by the Minister of Climate, Energy and Environment.
(2) Where any matter under subparagraph 5 of paragraph (1) is included in the public notice given under that paragraph, the Minister of Climate, Energy and Environment shall, without delay, notify the project implementer, the owner of land, etc., relevant persons, and other persons holding the relevant rights, of such fact. <Amended on Feb. 17, 2021; Oct. 1, 2025>
(3) Where the Minister of Climate, Energy and Environment cancels the designation of a zone for an environment-friendly use of a dam and its environs in accordance with Article 7(2) of the Act, he or she shall publicly notify the following matters in the Official Gazette in accordance with paragraph (3) of that Article: <Amended on Feb. 17, 2021; Oct. 1, 2025>
1. The name of the project for the environment-friendly use of the dam and its environs;
2. The location and area of the zone for the environment-friendly use of the dam and its environs;
3. The date of public notice of the designation of the zone for the environment-friendly use of the dam and its environs and the effective date of cancellation of the designation;
Article 7(Restrictions on acts) #
(1) "Activities prescribed by Presidential Decree" in the former part of Article 8(1) of the Act means any of the following activities: <Amended on Jan. 10, 2023>
1. Construction of a building: Construction, substantial repair, or change of the use of a building (including temporary buildings) defined in Article 2(1)2 of the Building Act;
2. Installation of a structure: Installation of an artificially manufactured facility [excluding buildings (including temporary buildings) defined in Article 2(1)2 of the Building Act];
3. Change of the form and quality of land: Change in the shape of land by such means as cutting of land, filing-up of earth, leveling of land, or paving with earth; excavation of land; or reclamation of public waters;
4. Extraction of earth, stones, gravel, or sand;
5. Division of land;
6. Piling objects: Piling objects difficult to move, for at least 1 month;
7. Capture or aquaculture of aquatic animals or plants: fishery activities by a piscary holder under subparagraph 8 Article 2 of the Fisheries Act or leisure fishing under subparagraph 17 of that Act, or aquaculture under subparagraph 1 of Article 2 of the Aquaculture Industry Development Act;
8. Growing plants: Cutting off or planting bamboo trees.
(2) Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to grant permission to engage in any activity referred to in the subparagraphs of paragraph (1) of this Article pursuant to Article 8(1) of the Act, he or she shall hear opinions of the relevant project implementer; provided, this shall not apply where the relevant permitting authority is the relevant project implementer.
(3) "Activities prescribed by Presidential Decree in Article 8(2) of the Act" means the construction (excluding substantial repair and alteration of purpose of use) of a building, the aggregate floor area of which is at least 500 square meters, among buildings under paragraph (1)1.
(4) "Activities prescribed by Presidential Decree" in Article 8(3)2 of the Act means the following activities which are not subject to permission for development activities under Article 56 of the National Land Planning and Utilization Act:
1. Alteration of form and quality of land for cultivation;
2. Extraction of soil, rocks, gravel, and sand to the extent that it does not impede the development of a zone for the environment-friendly use of a dam or its surrounding area and does not damage the natural scenery;
Article 8(Accompanied documents when filing application for approval of implementation plan) #
"Documents specified by Presidential Decree" in Article 9(2) of the Act means:
1. A floor plan and detailed drawings and specifications;
2. A funding plan (including annual investment plans and financing plans and annual plans for recovery of investment expenses);
3. A plan for the use, profit-making, management, and disposal of land and facilities developed by a project for the environment-friendly use of a dam and its environs;
4. An environmental impact assessment report under Article 27(2) of the Environmental Impact Assessment Act;
5. Documents necessary for examining and evaluating the impact of a disaster caused by a development project under Article 4(3) of the Countermeasures against Natural Disasters Act;
6. Report on the installation, relocation, and removal, and the reversion, transfer, concession, etc. of public facilities.
Article 9(Public notice of approval of implementation plans) #
When the Minister of Climate, Energy and Environment publicly notifies the details of approval of an implementation plan for a project for the environment-friendly use of a dam and its environs under Article 9(1) of the Act (hereinafter referred to as "implementation plan") in the Official Gazette in accordance with Article 10(2) of the Act, the Minister shall include the following matters: <Amended on Feb. 17, 2021; Oct. 1, 2025>
1. The name of the project for the environment-friendly use of the dam and its environs;
2. The location and size of the zone for the environment-friendly use of the dam and its environs (including the location of the implementation site of the project for the environment-friendly use of the dam and its environs);
3. The purpose and outline of the implementation plan;
4. The name and address of the project implementer;
5. The project period (including the commencement date and the scheduled completion date);
6. Methods of perusal of related materials;
7. Other matters deemed necessary by the Minister of Climate, Energy and Environment.
Article 10(Change of minor matters in implementation plan) #
(1) "Minor matters prescribed by Presidential Decree" in the proviso of Article 11 of the Act means the following matters:
1. Change to the name of the project for the environment-friendly use of a dam and its environs;
2. Change to the name and address of a project implementor;
3. Change to the name of a project for the environment-friendly use of a dam and its environs;
4. Change to the location and structure of facilities, etc. due to the change to the form of land or reflection of the results of geological surveys;
5. Change to a land use plan within the scope of determining an urban or Gun management plan under Article 5(2) of the Act;
6. Amendment that reflects changes occur to the details of a plan finalized under any other statute or regulation as the plan is amended or repealed after the plan has been reflected in the plan for the environment-friendly use of a dam and its environs;
7. Correction of an error in the area, due to mistake, etc., or of such an error as a discrepancy in boundaries.
(2) Where any change under any subparagraph of paragraph (1) occurs to an implementation plan, he or she shall notify the Minister of Climate, Energy and Environment of the details of such change without delay. <Amended on Feb. 17, 2021; Oct. 1, 2025>
Article 11(Special cases concerning the National Land Planning and Utilization Act) #
(1) "Additional conservation measures prescribed by Presidential Decree" in Article 16(1) of the Act means measures for installing water pollution reduction facilities, such as public sewage treatment facilities defined in subparagraph 9 of Article 2 of the Sewerage Act.
(2) Where measures for the installation of water pollution reduction facilities are formulated pursuant to paragraph (1), the assessment of land suitability under Article 27(3) of the National Land Planning and Utilization Act may be conducted by otherwise applying the assessment indexes and standards related to the water quality conservation sector.
(3) Where a plan for the environment-friendly use of a dam and its environs, including measures for the installation of water pollution reduction facilities under paragraph (1), is formulated in a management area under subparagraph 2 of Article 6 of the National Land Planning and Utilization Act, notwithstanding Article 71(1) of the Enforcement Decree of the National Land Planning and Utilization Act, matters regarding restrictions on the installation of restaurants serving food except alcoholic beverages pursuant to Article 16(2) of the Act need not apply.
Article 12(Completion inspection) #
(1) Where a project implementer intends to undergo a completion inspection in accordance with Article 17(1) of the Act, he or she shall submit an application for completion inspection prescribed by Decree of the Ministry of Climate, Energy and Environment to the Minister of Climate, Energy and Environment, accompanied by the following documents: <Amended on Feb. 17, 2021; Oct. 1, 2025>
1. A report on completion of works (including as-built drawings and specifications and as-built photographs);
2. Cadastral survey result map;
3. Area report and floor plan for each land use;
4. Records on the reversion of public facilities, etc. and drawings thereof;
5. New and old cadastral contrast map;
6. Total project cost statement;
7. Documents necessary for consultation with the heads of relevant administrative agencies under the latter part of Article 17(2) of the Act.
(2) Upon receipt of an application for completion inspection under paragraph (1), the Minister of Climate, Energy and Environment shall issue a certificate of completion inspection prescribed by Decree of the Ministry of Climate, Energy and Environment after conducting a completion inspection; provided, where a project for an environment-friendly use of a dam and its environs has not been completed as approved in the implementation plan, the Minister of Environment shall notify the project implementer that he or she shall take necessary measures, such as supplementary works, without delay. <Amended on Feb. 17, 2021; Oct. 1, 2025>
(3) Where the Minister of Climate, Energy and Environment deems it necessary in order to efficiently conduct a completion inspection under Article 17(1) of the Act, he or she may request public institutions, research institutes, or other specialized institutions or organizations to examine whether a project for the environment-friendly use of a dam and its environs has been implemented as approved in the implementation plan. <Amended on Feb. 17, 2021; Oct. 1, 2025>
Article 13(Timing of installation of infrastructure) #
(1) Pursuant to the Article 10(1) of the Act, a project implementer who has obtained approval of an implementation plan shall notify persons who supply electricity, telecommunications, gas, and heating to the relevant area of such fact.
(2) Persons supplying electricity, telecommunications, gas, and heating to the relevant area who are notified by a project implementer of the approval of an implementation plan pursuant to paragraph (1) shall complete the installation of electricity, telecommunications, gas, and district heating facilities within the implementation period of the project specified in the implementation plan unless there is a special reason not to do so; provided, where there exists any good cause that makes it difficult to install such facilities within the implementation period of the project, those supplying electricity, telecommunications, gas, and heating may otherwise determine whether and when to install such facilities, in consultation with the project implementer.
(3) Expenses that may be subsidized by the State pursuant to Article 21(2) of the Act shall be as follows:
1. Expenses for installing infrastructure, such as roads, waterworks, water supply systems, sewerage systems, and parks;
2. Expenses for installing facilities that are not suitable for project implementors to bear, among facilities necessary for implemenation of proejcts for the environment-friendly use of dams and their environs, such as arterial roads connected to zones for the environment-friendly use of dams and their environs;
3. Other expenses for installing infrastructure necessary for projects for the environment-friendly use of dams and their environs.
(4) The scope of installation of electricity, telecommunications, gas, and district heating facilities by type under Article 21(3) of the Act shall be as follows:
1. Electricity facilities: Electricity facilities connected from the main grid electricity facilities located outside the zone for the environment-friendly use of the dam and its environs to the boundary lines of individual parcels of land (hereinafter referred to as "individual parcels") adjoining the planned urban or Gun roads which are at least 6 meters in width, according to the land use plan for the zone for the environment-friendly use of the dam and its environs;
2. Telecommunications facilities: Cable facilities connected from the backbone telecommunications facilities located outside the zone for the environment-friendly use of the dam and its environs and conduit facilities and first terminals of the boundary lines of individual parcels;
Article 14(Appropriation of funds for maintenance and management) #
(1) Where a project implementer appropriates profits generated from a project for the environment-friendly use of a dam and its environs for funds for maintenance and management pursuant to Article 23(1) of the Act, he or she shall manage the funds in a special account or a separate account.
(2) Standards for appropriation as funds for maintenance and management under Article 23(3) of the Act and the methods of calculating such funds shall be as specified in Annex 1.
Article 15(Grounds for administrative disposition) #
"Reason prescribed by Presidential Decree" in Article 25(1)2 of the Act means a case where it is judged impossible to carry out any further business due to deterioration of the financial soundness equivalent to bankruptcy, etc.
Article 16(Public notice of administrative disposition) #
When the Minister of Climate, Energy and Environment publicly notifies an order or disposition in accordance with Article 25(3) of the Act, he or she shall include the following matters: <Amended on Feb. 17, 2021; Oct. 1, 2025>
1. The name of the project for the environment-friendly use of the dam and its environs;
2. Name and address of the project implementor;
3. Location of the implementation site of the project for the environment-friendly use of the dam and its environs;
4. Details of the violation;
5. Details of the administrative disposition and period of measures, etc.
Article 17(Delegation of authority) #
The Minister of Climate, Energy and Environment shall delegate the following authority to the head of a regional environmental management office in accordance with Article 27 of the Act: <Amended on Jan. 6, 2022; Nov. 5, 2024; Oct. 1, 2025>
1. Receipt of applications for approval of implementation plans under Article 9 of the Act;
2. Approval of an implementation plan under Article 10(1) of the Act;
3. Public announcement of approval of an implementation plan under Article 10(2) of the Act;
4. Approval for changes in implementation plans and public notice thereof under Article 11 of the Act;
5. Consultation with the heads of relevant administrative agencies under Article 15(2) of the Act;
6. Completion inspection under Article 17(1) of the Act;
7. Consultation with the heads of relevant administrative agencies under Article 17(2) of the Act;
8. Issuance of orders to take necessary measures, such as publicly announcing the completion of construction works and supplemental construction under Article 18 of the Act;
9. Administrative disposition under Article 25(1) of the Act;
10. Public notice under Article 25(3) of the Act;
11. Hearings under Article 26 of the Act;
12. Issuance of certificates of completion inspection confirmation under Article 12(2).
Article 18(Criteria for imposition of administrative fines) #
The criteria for imposing administrative fines under Article 31(1) of the Act shall be as prescribed in Appendix 2.