Government legislation ministry allows three-year solar delay in farm zones

The Ministry of Legislation said that local authorities can restrict the installation of solar power facilities on building roofs in agricultural promotion zones for three years following construction approval. The ruling clarifies that such time-based limitations fall within the scope of matters municipalities may define through urban and county planning ordinances.

The decision addresses a query on whether a three-year moratorium constitutes a valid condition under the Enforcement Decree of the Act on the Planning and Utilization of Land. The ministry concluded the restriction period qualifies as a concrete matter alongside physical requirements like separation distances, height limits and layout configurations.

Officials determined the provision listing physical criteria serves as an open delegation rather than a closed list, granting local governments broad discretion to establish standards suited to regional conditions. This interpretation aligns with the 2017 amendment to the decree, which aimed to expand local legislative autonomy and strengthen decentralization. Critics had argued that a time limit differs fundamentally from physical conditions and exceeds the authority granted to local ordinances, but the ministry rejected this view, noting that limiting ordinance powers to physical metrics would contradict the law's intent to allow comprehensive regional planning.

The ministry noted that delaying solar installation ensures buildings are initially used for their primary purpose of agricultural production or farmland improvement. Such a pause also supports public interests by promoting harmony with the surrounding landscape and ensuring sound use of farmland. The Legal Affairs Ministry issued this binding interpretation on July 8 in response to a civil petition regarding the specific scope of developable action permit standards.