Government legislation ministry rules partial land changes over 50 centimeters need permits

The Ministry of Government Legislation said June 30 that altering even a small portion of land by more than 50 centimeters in height or depth requires a development permit, regardless of the average change across the entire plot.

The Ministry of Government Legislation issued the interpretation in response to a public inquiry, stating that such cases do not qualify as minor acts under the Enforcement Decree of the Act on Planning and Utilization of National Territory. The agency explained that the term "within" in the regulation refers to a strict limit for any specific point, not an arithmetic mean across a site. Consequently, any project involving cuts or fills deeper or higher than 50 centimeters at any point must undergo the full permitting process.

Officials explained that exceeding the limit on even part of a site can create slopes or cut faces that pose risks of soil collapse or falling rocks. Requiring permits allows authorities to review safety measures for these specific hazardous sections before work begins. The ministry noted that allowing average-based exemptions would expand the scope of exceptions beyond explicit legal text.

The ministry's interpretation carries the weight of a final government authoritative opinion on the meaning of laws. Developers planning earthworks must ensure every section of their site complies with the 50-centimeter standard to avoid violating the requirement for development action permits.