Local regulations about structures on farmland cannot mix the coverage of houses and agricultural facilities or the regulations would be illegal, Council of Agriculture Deputy Minister Chen Chi-chung (陳吉仲) said yesterday.
Since Derek Chen (陳金德) assumed his post as acting Yilan County commissioner last month, he has repeatedly challenged the regulations established by former Yilan County commissioner Lin Tsung-hsien (林聰賢), who now heads the council.
The conflict between the two was aggravated when the Yilan County Government on Tuesday proposed a draft regulation governing the construction of houses and agricultural facilities on farmland.
In the draft, it proposed the coverage of houses and agricultural facilities be calculated together, which means the two can make up to 40 percent of farmland.
Critics have questioned whether the county is trying to loosen the regulations for owners of villas.
At a news conference in Taipei yesterday, Chen Chi-chung said the permitted area for a farmhouse and for facilities should be separated.
A farmhouse can only occupy up to 10 percent of farmland, which is to ensure that the other 90 percent is for agricultural use, he said.
The Agricultural Development Act (農業發展條例) and the Regulations Governing the Building of Agricultural Houses on Agricultural Land (農業用地興建農舍辦法) are the legal foundation for the council’s regulations, he added.
Meanwhile, the coverage of agricultural facilities cannot exceed 40 percent of farmland area, as stipulated in the Regulations for Reviewing Applications for Farm Facilities on Farmland (申請農業用地作農業設施容許使用審查辦法), he said.
The permitted area of a farmhouse cannot be included in agricultural facilities, he said, adding that any regulations proposed by local governments would be illegal and invalid if they contradict the aforementioned laws.
The council was not targeting any specific local government, Chen Chi-chung said in response to media queries.
Asked if the council is to send an official to Yilan County’s public hearing about the draft today, he said the council had received a notice about the hearing, but would not participating, adding that the council has clarified its position through the news conference.
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