1.

Notification Obligation of Building Permit Authority and Review Authority of Head of Regional Forest Service

Article 10 of the Forest Disaster Prevention Act requires the Building Permit Authority—upon receipt of an application for a permit or a report for the new construction, extension, reconstruction, rebuilding, change of use or substantial repair of a building, etc., on a forest or on land adjacent to a forest—to notify the head of the competent Regional Forest Service without delay. In addition, the head of the competent Regional Forest Service is granted the authority to conduct a review for the prevention of forest disasters and to submit an opinion thereon. Under Article 3 of the Enforcement Decree of the Forest Disaster Prevention Act, “land adjacent to a forest” means land located within 50 meters of a mountainous district under the Mountainous Districts Management Act.

For reference, pursuant to the proviso to Article 10 (1) of the Forest Disaster Prevention Act, Article 10 does not apply where a permit for conversion of mountainous districts (“산지전용허가” in Korean) has been obtained. This means that Article 10 of the Forest Disaster Prevention Act may still apply where a report on the conversion of a mountainous district (“산지전용신고” in Korean), or a permit for or a report on the temporary use and occupancy of a mountainous district (“산지일시사용허가 또는 신고” in Korean), has been obtained or filed.
 

2.

Matters Subject to Review by Head of Regional Forest Service

Article 6 of the Enforcement Decree of the Forest Disaster Prevention Act and Article 3 of the Enforcement Rules of the Forest Disaster Prevention Act delegate to the Review Guidelines the detailed matters necessary for the forest disaster prevention review conducted by the head of the Regional Forest Service under Article 10 of the Forest Disaster Prevention Act. According to (i) Article 6 (2) of the Enforcement Decree of the Forest Disaster Prevention Act, (ii) each subparagraph of Article 4 of the Review Guidelines, (iii) Article 5 of the Review Guidelines, and (iv) [Table 1] attached to the Review Guidelines, the head of the Regional Forest Service will review the matters listed below, in addition to the general status of the project site. The head of the Regional Forest Service is to respond with his or her opinion within 15 days from the date of receipt of the notification from the Building Permit Authority (this response period may be extended by up to 15 days):
 

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Forest disaster risk grade (“산림재난 위험등급” in Korean) under the forest fire vulnerability map (“산불취약지도” in Korean) and landslide-prone areas (“산사태취약지역” in Korean);

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Distance from coniferous forests and the existence of hiking trails;

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Whether the project site falls within the damage impact area under the debris flow damage prediction map (“토석류피해예측지도” in Korean); and

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Whether any artificial activities (such as logging, the construction of forest roads and the conversion of mountainous districts) have been carried out in the mountainous districts near the project site.
 

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The need to install retaining walls, rockfall prevention facilities and drainage facilities, etc.;

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Plans to create slopes of an appropriate scale within the project site; and

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Emergency evacuation facilities and evacuation routes, etc.
 

3.

Implications

Buildings such as logistics centers and factories—which continue to be developed and utilized to meet demand from many companies—are generally located on the outskirts of urban areas and are built on relatively large sites given the nature of the business. Given the mountainous nature of the Korean terrain, it is not uncommon for a portion of the site of such buildings to be adjacent to a forest. The newly introduced review procedure by the head of the Regional Forest Service under Article 10 of the Forest Disaster Prevention Act is a factor that must be newly taken into account in the building permit process for such sites.

Of course, the submission of a review opinion by the head of the Regional Forest Service is a discretionary matter, and based on the text of the provision, it appears that the Building Permit Authority is not necessarily bound by the review opinion of the head of the Regional Forest Service. In practice, however, where the head of the Regional Forest Service issues an opinion that the building is unsuitable and related civil complaints are raised, we cannot rule out the possibility that the Building Permit Authority may incorporate the opinion of the head of the Regional Forest Service into the conditions attached to the building permit, or reject the building permit application or building report on the basis of such opinion. Accordingly, where a party intends to construct a building such as a logistics center or factory on a site adjacent to a forest, it would be necessary to proactively review whether Article 10 of the Forest Disaster Prevention Act applies and to consult in advance with the Building Permit Authority and the Regional Forest Service, to prevent unnecessary delays in the permitting process and mitigate the risk of a potential rejection.

Furthermore, since Article 10 of the Forest Disaster Prevention Act applies to “buildings, etc., on forests and land adjacent to forests,” Article 10 of the Forest Disaster Prevention Act may apply not only to buildings such as logistics centers and factories but also to temporary buildings and other structures (such as solar panels and wind turbines). Accordingly, in cases where a party intends to install or construct related facilities, equipment or machinery, it would also be necessary to review whether Article 10 of the Forest Disaster Prevention Act applies.