| Article 4 | IV. Control Authorities and Responsibilities, Scope of Construction Prohibition and Restriction, and Matters Subject to Control
i. Coastal Control Zones:
(i) Control Authorities: The Northern, Central, Southern, and Eastern Coastal Patrol Offices of the Coastal Patrol Directorate General, Coast Guard Administration, Executive Yuan.
(ii) Scope of Construction Prohibition and Restriction: Construction prohibition and restriction applicable to military facilities within such zones shall be administered by the Ministry of National Defense in accordance with Part IV, Subsection 3, Item (2) of these Directions.
(iii) Matters Subject to Control:
1. A specified area may be designated as subject to construction prohibition and restriction in accordance with Article 36 of the Enforcement Rules of the National Security Act.
2. Where the reclamation of coastal land; the prospecting for or extraction of minerals, soil, sand, or stone; the felling of trees; the construction of ports or harbors; or other works within a control zone may affect military security, applications shall be filed in accordance with the relevant laws and regulations. Where military facilities are involved, consent shall also be obtained from the military authority having jurisdiction.
3. Daily control hours:
(1) Permanent Control Zones: Such zones shall be subject to 24-hour control. No person may enter or exit without approval from the competent control authority.
(2) Specific Control Zones: Such zones shall be open during prescribed hours for sightseeing, tourism, shore fishing, and other legitimate recreational activities. The publicly announced daily control hours shall be from 1900 hours to 0600 hours on the following day.
4. Entry and exit of persons: Except for persons who are not required to apply for permission pursuant to Article 28 of the Enforcement Rules of the National Security Act, all other persons shall be governed by the Directions Governing Entry into and Exit from Coastal Control Zones in the Taiwan Area.
ii. Mountainous Area Control Zones
(i) Control Authorities: The National Police Agency of the Ministry of the Interior and police authorities at all levels.
(ii) Scope of Construction Prohibition and Restriction: Construction prohibition and restriction shall be administered by the Ministry of National Defense in accordance with Part IV, Subsection 3, Item (2) of these Directions.
(iii) Matters Subject to Control
1. Where militarily necessary, a specified area may be designated as subject to construction prohibition and restriction in accordance with the proviso of Article 39 of the Enforcement Rules of the National Security Act.
2. Where the construction of a road may adversely affect existing controls over entry into and exit from mountainous areas or the operational effectiveness of existing combat fortifications, an application shall be filed in accordance with the relevant laws and regulations, and consent shall also be obtained from the police authority having jurisdiction.
3. Entry and exit of persons: Except for persons who are not required to apply for permission pursuant to Article 32 of the Enforcement Rules of the National Security Act, all other persons shall be governed by the Directions Governing Entry into and Exit from Mountainous Area Control Zones in the Taiwan Area.
iii. Important Military Installation Control Zones
(i) Control Authorities: The agency or unit to which the military installation belongs shall be responsible for control thereof.
(ii) Scope of Construction Prohibition and Restriction
1. Military Airfields
(1) Definitions of Terms Relating to Aviation Safety at Military Airfields
Runway Strip: The runway and its adjoining area.
Approach Surface: A specified inclined surface at each end of a runway.
Horizontal Surface: A horizontal surface representing the safe altitude required for aircraft circling an airfield.
Conical Surface: An inclined surface extending from the horizontal surface toward the maximum radius for aircraft circling the airfield, within which the required safe height limitation is maintained.
Transitional Surface: An inclined surface extending from the outer edges of the areas subject to construction prohibition on both sides of a runway, longitudinally toward the horizontal surface and laterally toward the approach surfaces.
(2) Scope of Construction Prohibition and Restriction for Control Zones of Large Military Airfields: A large military airfield means one with a runway 1,000 meters or more in length (Figure 1).
Areas Subject to Construction Prohibition
A. A rectangular area encompassing the entire length of the runway, extending 300 meters outward from each runway end and 150 meters laterally from each side of the runway centerline.
B. Areas extending 50 meters outward from both sides of each taxiway and from the outer edge of each aircraft shelter.
C. The enclosed areas formed by taxiways and aircraft dispersal routes.
Areas Subject to Construction Restriction and Height-to-Distance Ratios
A. Approach Surface: A funnel-shaped inclined surface extending 15,000 meters outward from the outer edge of the area subject to construction prohibition at each runway end. Its inner edge shall have the same width as the area subject to construction prohibition, and its outer edge shall be 4,000 meters wide. From the inner edge to a point 3,000 meters outward, the height-to-distance ratio shall be 1:50, using the runway-end pavement elevation as the datum; from that point to 15,000 meters outward, the height-to-distance ratio shall be 1:40.
B. Horizontal Surface: A horizontal surface formed 60 meters above the airfield elevation, with the midpoint of each runway as the center and a radius of 4,000 meters, including the area bounded by tangent lines connecting intersecting circular arcs.
C. Conical Surface: An inclined surface extending outward and upward from the perimeter of the horizontal surface over a horizontal distance of 2,000 meters, with a height-to-distance ratio of 1:20.
D. Transitional Surface: An inclined surface extending outward 420 meters from points 150 meters on either side of the runway centerline and longitudinally to its intersections with the approach surfaces, with a height-to-distance ratio of 1:7.
The control areas of the horizontal and conical surfaces shall be determined following an on-site inspection based on the actual conditions of each airfield.
The actual control area of the approach surface shall be designated following an assessment of the characteristics, environment, and other relevant factors of each airfield, and shall not extend beyond 15,000 meters.
(3) Scope of Construction Prohibition and Restriction for Control Zones of Small Military Airfields: A small military airfield means one with a runway less than 1,000 meters in length (Figure 2).
Areas Subject to Construction Prohibition
A. A rectangular area encompassing the entire length of the runway, extending 60 meters outward from each runway end and 75 meters laterally from each side of the runway centerline.
B. The enclosed areas formed by taxiways and aircraft dispersal routes.
Areas Subject to Construction Restriction and Height-to-Distance Ratios
A. Approach Surface: A funnel-shaped inclined surface extending 3,000 meters outward from the outer edge of the area subject to construction prohibition at each runway end. Its inner edge shall have the same width as the area subject to construction prohibition, and its outer edge shall be 1,200 meters wide. Using the runway-end pavement elevation as the datum, the height-to-distance ratio shall be 1:50.
B. Horizontal Surface: A horizontal surface formed 45 meters above the airfield elevation, with the midpoint of the runway as the center and a radius of 1,500 meters.
C. Conical Surface: An inclined surface extending outward and upward from the perimeter of the horizontal surface over a horizontal distance of 1,000 meters, with a height-to-distance ratio of 1:20.
D. Transitional Surface: An inclined surface extending outward 315 meters from points 75 meters on either side of the runway centerline and longitudinally to its intersections with the approach surfaces, with a height-to-distance ratio of 1:7.
The control areas of the horizontal and conical surfaces shall be determined following an on-site inspection based on the actual conditions of each airfield.
The actual control area of the approach surface shall be designated following an on-site inspection based on the characteristics, environment, and other relevant factors of each airfield, and shall not extend beyond 3,000 meters.
2. Combat Readiness Runways
(1) Scope of Construction Prohibition and Restriction for Control Zones of Airfield Combat Readiness Runways: An airfield combat readiness runway means an airfield taxiway used as a combat readiness runway (Figure 3-1).
Areas Subject to Construction Prohibition
A. A trapezoidal area extending 153 meters outward from each end of the combat readiness runway. The inner edge shall have the same width as the combined width of the shoulders on both sides of the combat readiness runway and the area subject to construction prohibition, and the outer edge shall be 153 meters wide.
B. A rectangular area encompassing the entire length of the combat readiness runway and extending 50 meters laterally from each runway shoulder.
Areas Subject to Construction Restriction and Height-to-Distance Ratios
A. Approach Surface: A funnel-shaped inclined surface extending 15,000 meters outward from the outer edge of the area subject to construction prohibition at each runway end. Its inner edge shall have the same width as the area subject to construction prohibition, and its outer edge shall be 4,000 meters wide. From the inner edge to a point 3,000 meters outward, the height-to-distance ratio shall be 1:50, using the runway-end pavement elevation as the datum; from that point to 15,000 meters outward, the height-to-distance ratio shall be 1:40.
B. Transitional Surface: An inclined surface encompassing the entire length of the combat readiness runway, extending 62 meters outward from the outer edge of the area subject to construction prohibition on each side and longitudinally to the terminal boundary lines of the areas subject to construction prohibition at both runway ends. Using the runway-end pavement elevation as the datum, the height-to-distance ratio shall be 1:7.
C. The actual control area of the approach surface shall be designated following an assessment of the characteristics, environment, and other relevant factors of each airfield, and shall not extend beyond 15,000 meters.
(2) Scope of Construction Prohibition and Restriction for Control Zones of Highway Combat Readiness Runways: A highway combat readiness runway means a highway that meets the requirements for takeoff and landing by military aircraft and is used as a combat readiness runway (Figure 3-2).
Areas Subject to Construction Prohibition
A. A trapezoidal area extending 153 meters outward from each end of the combat readiness runway. The inner edge shall have the same width as the combined width of the shoulders on both sides of the combat readiness runway and the area subject to construction prohibition, and the outer edge shall be 153 meters wide.
B. A rectangular area encompassing the entire length of the combat readiness runway and extending 12 meters laterally from each runway shoulder.
Areas Subject to Construction Restriction and Height-to-Distance Ratios
A. Approach Surface: A funnel-shaped inclined surface extending 3,000 meters outward from the outer edge of the area subject to construction prohibition at each end of the combat readiness runway. Its inner edge shall have the same width as the area subject to construction prohibition, and its outer edge shall be 1,200 meters wide. Using the runway-end pavement elevation as the datum, the height-to-distance ratio shall be 1:50.
B. Transitional Surface: An inclined surface extending 100 meters outward from the outer edge of the area subject to construction prohibition on each side of the combat readiness runway and longitudinally to the terminal boundary lines of the areas subject to construction prohibition at both runway ends. Using the runway-end pavement elevation as the datum, the height-to-distance ratio shall be 1:7.
3. Missile Bases
(1) Scope of Construction Prohibition and Restriction for Control Zones of Medium- and Low-Altitude Missile Bases(Figure 4)
Area Subject to Construction Prohibition: Within the principal direction-of-fire sector, the area extending 50 meters outward from the perimeter of the base.
Areas Subject to Construction Restriction
A. First Construction-Restriction Zone: From the center point of the base fire-control area, using the elevation of the continuous-wave search radar platform as the datum, within 60 degrees to either side of the principal direction of fire and extending outward 3,000 meters, excluding the area subject to construction prohibition, the height-to-distance ratio for the absolute height of buildings shall be 1:200.
B. Second Construction-Restriction Zone: Outside the principal direction-of-fire sector, from the center point of the base fire-control area, using the elevation of the continuous-wave search radar platform as the datum, within 1,000 meters outward, the height-to-distance ratio for the absolute height of buildings shall be 1:57.
(2) Scope of Construction Restriction for Control Zones of Type A All-Altitude Missile Bases(Figure 5-1)
First Construction-Restriction Zone: Within the line-of-sight area of the radio-antenna beam between the base fire-control area and the launch area, the absolute height of buildings shall not exceed the plane connecting the radio-antenna shelters in the two areas.
Second Construction-Restriction Zone: From the center point of the base fire-control area, within 60 degrees to either side of the principal direction of fire and extending forward (outward) 3,000 meters, the absolute height of buildings shall not exceed the elevation of the phased-array radar antenna base.
(3) Scope of Construction Restriction for Control Zones of Type B All-Altitude Missile Bases: From the center point of the base fire-control area, within 70 degrees to either side of the principal direction of fire and extending forward (outward) 3,000 meters, the absolute height of buildings shall not exceed the elevation of the phased-array radar antenna base (Figure 5-2).
(4) Scope of Construction Restriction for Control Zones of Type C All-Altitude Missile Bases: Within 80 degrees to either side of the principal direction of the radar, using the elevation of the launcher base as the datum and extending forward (outward) 330 meters, the height-to-distance ratio for the absolute height of buildings shall be 1:6 (Figure 5-3).
(5) Scope of Construction Prohibition for Control Zones of Short-Range Sea-Control Missile Bases(Figure 6-1)
The area extending 20 meters outward from the perimeter of the base, including the blast-radius areas of the ammunition depot and fuel storage.
The sea-control missile firing coverage area extending from the base to the coastline.
(6) Scope of Construction Prohibition and Restriction for Control Zones of Medium- and Long-Range Sea-Control Missile Bases. (Figure 6-2)
Areas Subject to Construction Prohibition
A. The area extending 20 meters outward from the perimeter of the base, including the blast-radius areas of the ammunition depot and fuel storage.
B. For each firing bunker at the position, the area within 15 degrees to either side of its principal direction of fire, extending from the firing port to the coastline.
Area Subject to Construction Restriction: Within the firing coverage area extending from the base to the coastline, excluding the area subject to construction prohibition, the absolute height of buildings shall be: H = R - L × tan 3
4. Permanent National Defense Fortifications
(1) Air Defense Artillery Positions
Scope of Construction Prohibition and Restriction for Electronically Controlled Air Defense Artillery and Missile Control Zones. (Figure 7)
A. Areas Subject to Construction Prohibition.
(A) The area extending 80 meters outward from the center point of the radar position.
(B) The area extending 100 meters outward from the center point of the gun position or missile launcher.
B. Area Subject to Construction Restriction: Within 1,500 meters outward from the outer edge of the area subject to construction prohibition, the height of buildings, including any facilities projecting above the roof, shall be determined using the elevation of the radar base as the datum. The height-to-distance ratio relative to the center point of the radar position shall be 1:66.
Scope of Construction Prohibition and Restriction for Manually Operated Air Defense Artillery Control Zones. (Figure 8)
A. Area Subject to Construction Prohibition: The area extending 50 meters outward from the center point of the gun or artillery position.
B. Area Subject to Construction Restriction: Within 250 meters outward from the center point of the gun or artillery position, excluding the area subject to construction prohibition, the height of buildings, including any facilities projecting above the roof, shall be determined using the elevation of the gun-position base as the datum, with a height-to-distance ratio of 1:10.
(2) Scope of Construction Prohibition and Restriction for Artillery Position Control Zones. (Figure 9)
Area Subject to Construction Prohibition: In front of the artillery position, the fan-shaped area extending 22.5 degrees outward from each side of the position and 100 meters forward, together with the area extending 50 meters outward around the remainder of the perimeter.
Area Subject to Construction Restriction: Within the fan-shaped area extending from 100 to 200 meters in front of the position, the height-to-distance ratio of a building relative to the position shall be 1:33.
(3) Scope of Construction Prohibition for Organized-Position Control Zones: The area within the organized position and extending 150 meters outward from the line connecting the outer edges of its combat fortifications (Figure 10).
(4) Scope of Construction Restriction and Matters Subject to Control for the Bo’ai Garrison-Controlled Zone, Taipei City (Figure 11).
Except for government agencies and schools, no buildings for other purposes may be newly constructed.
The height of any newly constructed building shall not exceed 24 meters.
On the side of a newly constructed building facing Jieshou Hall, ordinary doors or windows shall not be installed, except where an existing building between the newly constructed building and Jieshou Hall already obstructs the line of sight. Where security windows are installed, their specifications shall be as follows:
A. Window Frames: Sealed steel or aluminum frames. There shall be no restriction on the overall dimensions of the frame, but each individual pane shall not exceed 100 cm × 100 cm.
B. Glass: 5 mm-thick single-pane patterned glass.
(5) Scope of Construction Prohibition for Command Posts: The area extending 50 meters outward from the outer edge of the reinforced-concrete (RC) main structure of a command post (Figure 12).
Note: For purposes of these Directions, “command post” refers to a tunnel-type facility at the Army Combined Armed Brigade level or above, including equivalent Navy and Air Force units.
(6) Scope of Construction Prohibition and Restriction for Anti-Airborne Fortifications in Offshore-Island Areas (Figure 13).
Area Subject to Construction Prohibition: The area extending 50 meters outward around the perimeter of an anti-airborne fortification.
Area Subject to Construction Restriction: Within 100 meters outward from the perimeter of the area subject to construction prohibition surrounding the anti-airborne fortification, the absolute height of buildings shall be determined using the elevation of the anti-airborne fortification as the datum, with a height-to-distance ratio of 1:10.
Where an on-site inspection determines that alternative functions and facilities are available within an anti-airborne fortification control zone, construction of a building may nevertheless be approved.
5. Hazardous Military Training or Testing Grounds
(1) Scope of Construction Prohibition for Control Zones of Aircraft Bombing and Gunnery Ranges (Figure 14): Using the geometric center of the bombing and gunnery target group as the aiming point, the area subject to construction prohibition shall include the area extending 1,000 meters outward along the aircraft bombing and gunnery flight path and the area extending 1,036 meters outward around the perimeter of the range.
(2) Scope of Construction Prohibition and Restriction for Artillery Training Firing Ranges, Firing Target Areas, or Testing-Ground Control Zones (Figure 9).
Areas Subject to Construction Prohibition
A.In front of the artillery position, the fan-shaped area extending 22.5 degrees outward from each side of the position and 100 meters forward, together with the area extending 50 meters outward around the remainder of the perimeter.
B. The scope of construction prohibition for a firing target area shall be governed by the provisions applicable to the construction-prohibition area of an aircraft bombing and gunnery range control zone.
Area Subject to Construction Restriction: Within the fan-shaped area extending from 100 to 200 meters in front of the position, the height-to-distance ratio of a building relative to the position shall be 1:33.
(3) Scope of Construction Prohibition and Restriction for Naval-Gun Shore-Bombardment Range Training-Area Control Zones (Figure 15).
Area Subject to Construction Prohibition: The firing target area, measuring 3,000 meters in length and 3,000 meters in width, extending from 5,000 to 8,000 meters forward of the naval-gun sea firing area.
Area Subject to Construction Restriction: Within the intermediate area and safety control zone extending 5,000 meters forward from the sea firing area and having a width of 4,000 meters, and within the warning zones on both sides of the firing target, each measuring 3,000 meters in length and 500 meters in width, the absolute height of buildings shall not exceed 10 meters.
(4) Scope of Construction Prohibition for Tank-Gun Firing Training Control Zones (Figure 16).
Area Subject to Construction Prohibition: The area extending from the tank-gun firing area to a distance of 17,550 meters, including the area beneath the trajectory of the firing line and within a limiting angle of 5 degrees to either side thereof.
Scope of the Control Zone: In addition to the area extending to 17,550 meters from the firing area, which shall be subject to construction prohibition, the ricochet area extending a further 2,700 meters outward and lying beneath the trajectory of the firing line within 25 degrees to either side thereof shall constitute a hazardous control zone.
6. Military Factories and Warehouses Presenting Explosive Hazards
(1) Scope of Construction Prohibition for Control Zones of Explosive Factories and Warehouses: For military factories and warehouses presenting an explosive hazard, the area subject to construction prohibition shall be determined with reference to the applicable safety manuals for explosive hazardous materials. Using the factory or storage building in which explosive hazardous materials are manufactured or stored as the reference point, the area subject to construction prohibition shall be determined according to the method of storage, quantity of explosives stored, explosive power, terrain, structural characteristics of the facilities, blast-protection measures, and other relevant factors. The area subject to construction prohibition shall not extend beyond: 200 meters for cave-type or underground storage facilities; 250 meters for semi-underground storage facilities; or 500 meters for other facilities. (Figure 17 and Appendix Table)
(2) Scope of Construction Prohibition for Control Zones of Hazardous Fuel Storage: Fuel storage constitutes a military facility presenting an explosive hazard. Using the outer perimeter of the fuel-storage area as the reference point, the area subject to construction prohibition shall be determined according to the method of storage, structural characteristics of the facilities, terrain conditions, blast-protection measures, and other relevant factors, but shall not extend beyond 75 meters (Figure 18).
7. Important Fixed Communications-Electronics Facilities
(1) Scope of Construction Prohibition and Restriction for Control Zones of Tactical Control Radar Positions. (Figure 19)
Area Subject to Construction Prohibition: The area within 70 meters around the outer edge of the equipment building.
Area Subject to Construction Restriction: From the outer edge of the area subject to construction prohibition to a distance of 3,703 meters, buildings, including any facilities projecting above the roof, and overhead lines shall not exceed the height of the antenna horn aperture; for an array antenna, the center point of the array shall be used.
(2) Scope of Construction Prohibition and Restriction for Control Zones of Observation and Communications Radar Positions. (Figure 20)
Area Subject to Construction Prohibition: The area within 70 meters around the outer edges of the radar-station antenna and radio-wave reflector or reflector screen, together with the unobstructed zone required in the directions of radio-wave incidence and reflection.
Area Subject to Construction Restriction: Each radar station has an approximately 2,000-meter blind zone. Where a building within the construction-restriction zone obstructs the radar beam and causes a radar shadow zone over the sea to extend above 2,000 meters, its height shall be restricted. The permissible height of building improvements, including any facilities projecting above the roof, shall be determined according to the following formula: H2 = H1 × (2,000 + D - L) / (2,000 + D)
(3) Scope of Construction Prohibition and Restriction for Direction-Finding Station Antenna Control Zones. (Figure 21)
Area Subject to Construction Prohibition: The area extending 150 meters outward from the outer edge of the antenna.
Areas Subject to Construction Restriction
A.Within an area extending 150 meters outward from the outer edge of the area subject to construction prohibition, the height of building improvements, including any facilities projecting above the roof, shall not exceed 7.5 meters.
B. Within the area from 300 to 1,000 meters, workshops and electric-power overhead lines rated at 30 kV or above shall not be installed.
(4) Scope of Construction Prohibition and Restriction for Control Zones of Important Transmitting and Receiving Antennas. (Figure 22)
Area Subject to Construction Prohibition: The area within 150 meters outward from the center of the antenna.
Areas Subject to Construction Restriction
A. Within an area extending 150 meters outward from the outer edge of the area subject to construction prohibition, the height of building improvements, including any facilities projecting above the roof, located within the horizontal radiation angle of the antenna shall not exceed 16 meters.
B. Within the area from 300 to 1,000 meters, facilities exceeding 50 meters in height may be constructed only after prior testing.
(5) Scope of Construction Prohibition and Restriction for Radio-Wave Control Zones of Satellite and Microwave Communications. (Figure 23)
Areas Subject to Construction Prohibition
A. Non-station land within a radius of 200 meters centered on the antenna tower of a satellite earth station.
B. The area within 50 meters around the outer edge of a radio-wave reflector, together with the unobstructed zone required in the directions of radio-wave incidence and reflection, as calculated according to the size, height, orientation, transmission frequency, and other characteristics of the antenna used, including any reflector.
Areas Subject to Construction Restriction: The area subject to construction restriction shall be determined according to the unobstructed zone required on the basis of the size, height, orientation, transmission distance, frequency, and other characteristics of the antenna used.
A. Satellite Earth Station: Within the unobstructed zone required in the horizontal direction of the antenna, the height of buildings shall not exceed the line extending upward at an elevation angle of 5 degrees from the horizontal line at the lower edge of the antenna.
B. Fixed Microwave Station: The height of buildings within the horizontal radiation angle of the antenna shall not extend into the required unobstructed zone.
(6)Where the communications-electronics facilities under this Item are subject to terrain limitations or obstruction, the directionality of the communications equipment may also be taken into consideration when establishing the control zone. Based on such factors, omnidirectional control need not be imposed. Such determination shall, however, be verified by the relevant technical unit and submitted to the Ministry of National Defense for recordation. The exact data and coverage area shall also be specified in the public announcement of the scope of construction prohibition and restriction.
(7)Communications and electric-power facilities of other government agencies or private entities installed within the control zone of an important fixed military communications-electronics facility shall not be subject to the preceding construction prohibition or restriction, provided that consent has been obtained from the Ministry of National Defense.
(8)Within areas subject to construction prohibition or restriction for communications-electronics facilities where radio-wave emissions may be harmful to persons or animals, conspicuous warning signs shall be installed and entry by persons and animals shall be prohibited.
(9)Factories located within 500 meters of an antenna shall not use equipment that generates electric arcs or sparks that interfere with radio waves, or equipment that emits chemical gases corrosive to metals.
(iii) Newly Added Weapons Facilities: For newly added weapons facilities, the Ministry of National Defense shall separately prescribe the scope of construction prohibition or restriction according to their performance and functions.
(iv) Matters Subject to Control
1. New construction, extension, reconstruction, and repair of buildings.
2. Placement of various stockpiled materials.
3. Installation of telecommunications and electric-power facilities and erection of overhead lines within control zones.
4. The cultivation of tall-stemmed and trellised crops shall comply with the applicable standards for construction prohibition and restriction and shall not affect aviation safety or radio-wave transmission.
5. Persons and items entering or exiting a specific military control zone during restricted hours shall first obtain permission from the control authority.
6. Within the area centered on the midpoint of each runway end, extending to a radius of 5 kilometers and bounded by lines extending outward at 35 degrees to either side of the center point (Figure 24), the construction of pigeon houses and the raising of homing pigeons shall be prohibited.
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| Article 5 | V. Designation and Public Announcement of Control Zones
i. To ensure coastal defense and the security of military installations and to maintain law and order in mountainous areas, the Ministry of National Defense may, pursuant to Article 5 of the National Security Act and Subparagraph 4 of Article 2 of The Coast Guard Act, jointly with the Ministry of the Interior or the Coast Guard Administration, designate coastal areas, mountainous areas, or areas where important military installations are located as control zones and publicly announce such designations.
ii. Each unit responsible for managing a Coastal Control Zone, Mountainous Area Control Zone, or Important Military Installation Control Zone (hereinafter collectively referred to as the “applying units”) may, where necessary under the preceding paragraph, apply for the designation of a control zone. The procedures are as follows:
(i) Each applying unit shall, pursuant to Articles 25, 26, 29, 30, 33, and 34 of the Enforcement Rules of the National Security Act and Part IV of these Directions, prepare ten copies each of a topographic map, with a scale of no less than 1:5,000, and a cadastral map of the proposed control area, based on the examples shown in Figures 25 and 26. The maps shall be submitted to the respective command headquarters for review and onward submission to the Ministry of National Defense for designation of the area as a control zone. The same procedure shall apply to central-level units.
(ii) Where the Ministry of National Defense determines, upon review, that an application for the designation of a control zone is necessary and complies with the preceding subparagraph, it shall invite the Executive Yuan, the Ministry of the Interior, the Coast Guard Administration, the local government, and other relevant central government agencies to conduct an on-site inspection. After agreement is reached, the applying unit shall revise the originally submitted topographic and cadastral maps in accordance with the conclusions of the on-site inspection. The revised maps shall be submitted to the respective command headquarters, or the central unit directly concerned, for review and then forwarded to the Ministry of National Defense. The Ministry of National Defense shall formally request the Ministry of the Interior or the Coast Guard Administration to jointly issue the public announcement and shall submit the matter to the Executive Yuan for recordation.
(iii) Where agreement on the joint issuance of the public announcement cannot be reached, the Ministry of National Defense shall submit the relevant opinions to the Executive Yuan for determination. Following such determination, the two agencies concerned shall jointly issue the public announcement.
(iv) The topographic maps, cadastral maps, and public announcement jointly signed by the Ministry of National Defense and the Ministry of the Interior or the Coast Guard Administration shall, upon completion of the joint-signature procedure, be transmitted by official letter to the relevant agencies for public announcement and published in the Executive Yuan Gazette.
(v) Upon receipt of the public announcement and the topographic and cadastral maps jointly issued by the Ministry of National Defense and the Ministry of the Interior or the Coast Guard Administration, the provincial, special municipality, and county or city governments shall publicly announce the scope of the control zone within one month.
(vi) The designation and public announcement of Mountainous Area Control Zones shall be handled in accordance with the Directions Governing Public Entry into and Exit from Mountainous Area Control Zones in the Taiwan Area.
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| Article 6 | VI. Designation and Public Announcement of Areas Subject to Construction Prohibition and Restriction within Control Zones
i. With respect to Coastal Control Zones, Mountainous Area Control Zones, or Important Military Installation Control Zones designated and publicly announced pursuant to Part V, the Ministry of National Defense may, jointly with the Ministry of the Interior and other relevant agencies, designate specified areas within such control zones as subject to construction prohibition or restriction in accordance with the standards set forth in Part IV, so as to prevent interference with combat fortifications, the operational effectiveness of equipment, or the security of important military installations.
ii. A control authority responsible for a Coastal Control Zone, Mountainous Area Control Zone, or Important Military Installation Control Zone may, as required for the missions specified in the preceding paragraph, apply for the designation of an area subject to construction prohibition or restriction. The procedures are as follows:
(i) Where the control authority responsible for a Coastal Control Zone, Mountainous Area Control Zone, or Important Military Installation Control Zone determines that construction prohibition or restriction is militarily necessary within a control zone for which designation has been applied under Part V, it may, in accordance with the standards set forth in Part IV, add the boundary lines of the areas subject to construction prohibition or restriction to the topographic and cadastral maps submitted under Part V. The maps shall then be submitted to the respective command headquarters for review and onward submission to the Ministry of National Defense. The same procedure shall apply to central-level units.
(ii) Where the Ministry of National Defense determines, upon review, that the application referred to in the preceding subparagraph is necessary and complies with Part IV, it shall invite the Executive Yuan, the Ministry of the Interior, the local government, and other relevant agencies to conduct an on-site inspection. After agreement is reached, the matter shall be processed in accordance with Part V, Paragraph 2, Subparagraphs (2), (3), and (4). To simplify the procedures, however, the designation of areas subject to construction prohibition or restriction for important military installations may be processed concurrently with the designation of the relevant Important Military Installation Control Zone.
iii. Upon receipt of the public announcement and the topographic and cadastral maps jointly issued by the Ministry of National Defense and the Ministry of the Interior or the Coast Guard Administration, the provincial, special municipality, and county or city governments shall promptly make the public announcement in accordance with Part V, Paragraph 2, Subparagraph (4). The publicly announced areas subject to military construction prohibition or restriction shall, in accordance with the statutory procedures under the Urban Planning Act or the Regional Plan Act, be marked on the relevant urban plans or non-urban land-use zoning and land-designation maps. The applicable land-use restrictions shall also be stated in the relevant planning documents. After the military construction prohibition or restriction is lifted, the matter shall be processed in accordance with the relevant provisions governing urban planning or regional planning. Where a control zone or an area subject to construction prohibition or restriction is subsequently changed, the relevant plans, maps, and documents shall be revised in a timely manner.
iv. Where the control areas of two or more adjacent Military Installation Control Zones overlap, the unit applying the more stringent control standards shall be responsible for the public announcement and administration of the overlapping area. Where the applicable control standards are the same, the higher-ranking unit shall be responsible.
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| Article 9 | IX. Enforcement of Construction Prohibition and Restriction in Control Zones and Compensation
i. Existing buildings located within an area designated as subject to construction prohibition or restriction may remain in their existing condition and may be renovated or reconstructed within their original floor area and height. Where the original height exceeds the applicable construction-restriction standard and compromises military security, the military unit having jurisdiction may install warning lights at the top of the building or, as necessary for safety, negotiate with the building owner for its demolition and provide compensation in accordance with the relevant regulations.
ii. Where the scope and height restrictions applicable to an Important Military Installation do not materially affect local development, the unit responsible for designating and administering the control zone may directly consult with the local government. When conducting a comprehensive review or approving the floor area ratio of buildings in the area pursuant to the Urban Planning Act, the Building Act, the Regulations on Non-Urban Land Use Control, or other relevant laws and regulations, such review or approval may be carried out in a manner that balances military security with the minimum functional requirements of the installation, and may replace the applicable military construction-restriction controls.
iii. Where the cultivation of tall-stemmed or trellised crops, or the raising of pigeons, affects aviation safety or radio-wave transmission, the crops or related facilities shall, following compensation in accordance with the relevant regulations, be removed or relocated within the prescribed period. No such crops, including similar plants, may thereafter be replanted, and no pigeons may thereafter be raised. No further compensation may be claimed.
iv. Where a newly erected unauthorized building is found within a publicly announced area subject to construction prohibition or restriction, the military unit having jurisdiction shall serve a content-certified letter on the owner and notify the local competent building authority of the reported violation. The local competent building authority shall, pursuant to the applicable building laws and regulations, order the owner to demolish the building within a prescribed period. Where the owner fails to do so within that period, the building may be compulsorily demolished.
v. Stockpiled materials located within an area subject to construction prohibition, and any portion of stockpiled materials exceeding the permitted height within an area subject to construction restriction, shall be removed within one month. Otherwise, the unit responsible for designating and administering the control zone shall handle the matter in accordance with the relevant regulations.
vi. Pursuant to Article 5 of the National Security Act, land taxes on land located within areas subject to construction prohibition or restriction in Coastal Control Zones, Mountainous Area Control Zones, and Important Military Installation Control Zones shall be reduced or exempted. Reductions of or exemptions from land value tax or agricultural land tax shall be handled in accordance with Article 11-1 of the Land Tax Reduction and Exemption Regulations, as follows:
(i) For land subject to construction restriction, the competent authority of the special municipality, county, or city may, at its discretion, grant a tax reduction of up to 30 percent.
(ii) For land subject to construction prohibition, the tax shall be reduced by 50 percent. Where the construction prohibition renders the land entirely unavailable for construction and the land produces no income, the tax shall be fully exempted.
vii. The unit responsible for designating and administering the control zone shall prepare separate registers of privately owned land subject to construction prohibition and construction restriction within the control zone and submit them to the local tax collection authority to assist in processing the applicable tax reductions or exemptions.
viii. The unit responsible for designating and administering the control zone shall provide the local competent building authority with information concerning the publicly announced restriction factors, authorized building heights, height-to-distance ratios, locations of boundary markers, points from which measurements are taken, elevations, and other relevant data, as the basis for reviewing applications for construction.
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