소하천정비법

Article 1Purpose

The purpose of this Act is to contribute to the prevention of disasters and improvement of the living environment by providing for matters necessary for the maintenance, utilization, management, and conservation of small rivers.[This Article Wholly Amended on Mar. 31, 2010]

Article 2Definitions

The terms used in this Act are defined as follows: <Amended on Jan. 27, 2016>1. The term "small river" means a river, the name and the course of which is designated and publicly notified pursuant to Article 3, to which the River Act neither applies nor applies mutatis mutandis;

2. The term "small river area" means any area designated and publicly notified pursuant to Article 3-3;

3. The term "small river facility" means any of the following facilities installed to utilize and manage small rivers:(a) A facility to stabilize waterways, such as embankments or bank protections;(b) A facility to prevent flooding by a small river, such as dammed pool for irrigation; floodgates; drainage pump stations (limited to those which need to be managed together with the small river because the floodgates, etc. of drainage pump stations are installed on embankments); reservoirs; or detention basins;(c) Other facilities prescribed by Presidential Decree;

4. The term "maintenance of a small river, etc." means any work for building, rebuilding, dredging, or repairing in any of the following areas or facilities:(a) A small river;(b) A small river area;(c) A small river facility;(d) An area designated and publicly notified pursuant to Article 4 as a planned small river area (hereinafter referred to as "planned small river area").[This Article Wholly Amended on Mar. 31, 2010]

Article 3Designation of small rivers and managing authorities

(1) A Special Self-Governing City Mayor, or the head of a Si (including the head of an administrative Si under Article 11 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Gun or Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall designate small rivers (including small river facilities; hereafter in this Article the same shall apply), or change or revoke such designation. <Amended on Jan. 27, 2016; Dec. 10, 2019>(2) Where a Special Self-Governing City Mayor, or the head of a Si/Gun/Gu intends to designate a small river, or change or revoke such designation pursuant to paragraph (1), he or she shall consult with a related Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and submit the results of the consultation for deliberation by the competent local small river management committee or the competent regional small river management committee provided for in Article 26 (1). <Added on Jan. 27, 2016; Dec. 10, 2019>(3) Where a Special Self-Governing City Mayor, or the head of a Si/Gun/Gu intends to designate a trans-boundary small river, or change or revoke such designation pursuant to Article 3-2 (1), he or she shall consult not only with a related Mayor/Do Governor pursuant to paragraph (2), but also with a related Special Self-Governing City Mayor, or the head of a related Si/Gun/Gu. <Added on Jan. 27, 2016; Dec. 10, 2019>(4) Where a Special Self-Governing City Mayor, or the head of a Si/Gun/Gu intends to designate a small river, or change or revoke such designation pursuant to paragraphs (1) through (3), he or she shall publicly notify the name and course of the small river, as prescribed by Decree of the Ministry of the Interior and Safety and make relevant documents available to the general public for perusal. <Amended on Jan. 27, 2016; Jul. 26, 2017; Dec. 10, 2019>(5) Where a Mayor/Do Governor, or a Special Self-Governing City Mayor designates a small river designated and publicly notified pursuant to paragraphs (1) through (4) as a local river pursuant to Article 7 of the River Act, the designation of such small river shall become void. <Amended on Jan. 27, 2016; Dec. 10, 2019>(6) Except as provided in this Act or other statutes, the Special Self-Governing City Mayor, or the head of the Si/Gun/Gu (hereinafter referred to as "managing authority") who designated a small river shall take charge of the maintenance, conservation and management of the small river. <Amended on Jan. 27, 2016; Dec. 10, 2019>[This Article Wholly Amended on Mar. 31, 2010]

Article 3-2Management of trans-boundary small rivers

(1) Related managing authorities shall separately determine the method of managing a small river, small river area, small river facility or planned small river area (hereinafter referred to as "small river, etc.") located on the borders of Special Self-Governing Cities, Sis (including administrative Sis under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Guns or autonomous Gus (hereinafter referred to as "trans-boundary small river") in consultation with one another. <Amended on Jan. 27, 2016; Dec. 10, 2019>(2) Where the related managing authorities fail to reach agreement under paragraph (1), the related Mayor/Do Governor may determine the management method and notify the related managing authorities of such method. <Amended on Jan. 27, 2016>(3) Where the related managing authorities have reached agreement pursuant to paragraph (1), they shall publicly notify the agreed matters; and where they have been notified by the related Mayor/Do Governor pursuant to paragraph (2), they shall publicly notify the notified matters. The same shall also apply where they revise such matters.

(4) The related managing authorities shall notify the relevant Mayor/Do Governor of the matters publicly notified under paragraph (3).[This Article Added on Mar. 21, 2012]

Article 3-3Determination of small river areas

(1) Where a managing authority publicly notifies the designation of a small river (including small river facilities), or the change or revocation of such designation pursuant to Article 3 (4), it shall determine any of the following areas as a small river area, or change or revoke such determination:

1. The area of land which retains the shape and functions of a small river;

2. The area of land where small river facilities are installed;

3. Where an embankment exists, the area of land on the side where water flows from the embankment.

(2) Where a managing authority intends to determine a small river area, or change or revoke such determination pursuant to paragraph (1), it shall consult with any other related managing authority, and submit the results of the consultation for deliberation by the related local small river management committee or the related regional small river management committee provided for in Article 26 (1).

(3) Where a managing authority intends to determine a small river area, or change or revoke such determination pursuant to paragraph (1), it shall publicly notify the details of such determination, change, or revocation, as prescribed by Decree of the Ministry of the Interior and Safety; and make relevant documents available to the general public for perusal. <Amended on Jul. 26, 2017>(4) Where a managing authority publicly notifies the determination of a small river area or the change or revocation of such determination pursuant to paragraph (3), it shall also publicly notify the topographic map of the small river area, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017>[This Article Added on Jan. 27, 2016]

Article 4Public notice of planned small river areas

(1) Where land is to be newly included in a small river area in accordance with plans for maintaining small rivers, etc. provided for in Article 6 through 8, or with plans for various construction works provided for in other statutes, a managing authority may designate such land as a planned small river area. <Amended on Jan. 20, 2015; Jan. 27, 2016>(2) Where land designated as a planned small river area pursuant to paragraph (1) is revised or excluded from a planned small river area in accordance with a plan for maintaining a small river, etc. provided for in Article 6 through 8 or with a plan for various construction works provided for in any other statutes, a managing authority may change or revoke the designation of the planned small river area. <Amended on Jan. 27, 2016>(3) The provisions of Article 3-3 (2) through (4) shall apply mutatis mutandis to the consultation about, or public notice of, the designation of a planned small river area or the change or revocation of such designation. <Added on Jan. 27, 2016>(4) Where a project for a small river fails to commence within three years from the date a planned small river area is designated and publicly notified pursuant to paragraphs (1) and (2), the designation of the planned small river area shall become void. <Added on Mar. 21, 2012; Jan. 27, 2016>(5) Where the maintenance of a small river, etc. is completed on land designated and publicly notified as a planned small river area under paragraphs (1) and (2), a managing authority shall determine and publicly notify such land as a small river area pursuant to Article 3-3. <Added on Mar. 21, 2012; Jan. 27, 2016>[This Article Wholly Amended on Mar. 31, 2010]

Article 4-2Succession to rights or obligations

(1) Where a person, who has obtained permission for the maintenance of a small river, etc. under Article 10 or permission to occupy and use a small river, etc. under Article 14, transfers the rights and obligations arising from the permission; or where such person is deceased, or consolidates or merges with another corporation, if the transferee, heir, or the resulting or surviving corporation after the consolidation or merger intends to succeed to the rights and obligations arising from the previous permission, he or she shall report the fact to the managing authority within 30 days from the date of transfer, inheritance, consolidation or merger, as prescribed by Decree of the Ministry of the Interior and Safety.

(2) The managing authority shall notify the person filing a report under paragraph (1) of whether to accept the report within 20 days of the receipt of such report.

(3) Where the managing authority fails to notify the reporting person of whether to accept the report or of an extension of the processing period under statutes or regulations relating to processing civil petitions within the period prescribed in paragraph (2), the report shall be deemed accepted on the day immediately following the expiry of said period (referring to the relevant processing period if the processing period has been extended or re-extended under statutes or regulations relating to processing civil petitions).

(4) Where a report is accepted under paragraph (1) (including where a report is deemed to have been accepted under paragraph (3)), the transferee, heir, or the resulting or surviving corporation after the consolidation or merger shall succeed to the rights and obligations arising from the previous permission from the date of transfer, inheritance, consolidation, or merger.[This Article Wholly Amended on Dec. 10, 2019]

Article 4-3Standards for structures, facilities, and maintenance of small rivers

(1) Structures, facilities, maintenance, repair, and safety inspections of small rivers shall satisfy the standards prescribed by Decree of the Ministry of the Interior and Safety (hereafter referred to in this Article as "management standards for small rivers"). <Amended on Jul. 26, 2017>(2) When the Minister of the Interior and Safety and Security determines or amends management standards for small rivers referred to in paragraph (1), he or she shall seek the opinions of a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor. <Amended on Jul. 26, 2017>(3) When the Minister of the Interior and Safety and Security intends to determine management standards for small rivers referred to in paragraph (1), he or she shall endeavor to ensure safety, by minimizing damage to ecosystems caused by the maintenance of small rivers, etc., and taking into consideration the structures, water level, stream flow, geography, geology, etc. of small rivers. <Amended on Jul. 26, 2017>[This Article Added on Jan. 27, 2016]

Article 4-4Design standards for small rivers

(1) The Minister of the Interior and Safety shall determine and publicly notify standards necessary for, among other things, investigating, planning, and designing the maintenance of small rivers, etc. to ensure the quality and safety of such maintenance and to improve relevant technologies.

(2) The Minister of the Interior and Safety may have persons designated by Presidential Decree prepare and disseminate books and the like regarding design standards stipulated in paragraph (1).[This Article Added on Dec. 10, 2019]

Article 5Relationship to other statutes

(1) Where an agency intends to create a right or impose other dispositions in a small river area pursuant to other statutes, the agency shall consult with a managing authority beforehand.

(2) Where the State or a local government intends to execute a project accompanying an act that must be permitted by a managing authority pursuant to this Act, it shall consult with the managing authority beforehand.[This Article Wholly Amended on Mar. 31, 2010]

Article 6Formulation of comprehensive plans for maintaining small rivers

(1) Each managing authority shall formulate a comprehensive plan for maintaining small rivers, etc. (hereinafter referred to as "comprehensive plan") which will serve as guidelines for the maintenance of small rivers, etc. every 10 years, as prescribed by Decree of the Ministry of the Interior and Safety, and obtain approval (excluding cases where a Special Self-Governing City Mayor is the managing authority) for the comprehensive plan from the Mayor/Do Governor. <Amended on Mar. 21, 2012; Mar. 23, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017; Dec. 10, 2019>(2) A comprehensive plan shall include the following: <Amended on Jan. 27, 2016>1. Basic policies for the maintenance of small rivers, etc.;

2. Formation of a small river network for each water system;

3. Matters concerning disaster prevention, environmental improvement, and water quality conservation;

4. Matters concerning multipurpose use of small rivers, etc. and an increase in the income of residents;

5. Other matters prescribed by Presidential Decree.

(3) A managing authority shall examine the feasibility of a comprehensive plan every five years from the year the comprehensive plan is formulated and, where necessary, shall revise the comprehensive plan and obtain approval (excluding cases where a Special Self-Governing City Mayor is the managing authority) from the Mayor/Do Governor; provided, this shall not apply to any modification of insignificant matters prescribed by Presidential Decree. <Added on Mar. 21, 2012; Dec. 10, 2019>(4) Where a managing authority intends to formulate a comprehensive plan, it shall have a prior consultation with the head of a related administrative agency, such as the head of a regional environmental agency prescribed by Presidential Decree. <Amended on Jan. 27, 2016>(5) Where the Mayor/Do Governor intends to approve a comprehensive plan or approve the modification thereof under paragraph (1) or (3), or where a Special Self-Governing City Mayor, who is the managing authority, intends to establish or modify a comprehensive plan under paragraph (1) or (3), he or she shall examine the relevance, etc. of the comprehensive plan to a development plan for the relevant area formulated in accordance with other statutes; and then submit the results of such examination for deliberation by the competent regional small river management committee provided for in Article 26 (1). <Amended on Jan. 27, 2016; Dec. 10, 2019>[This Article Wholly Amended on Mar. 31, 2010]

Article 7Formulation of mid-term plans for maintaining small rivers

(1) Each managing authority shall formulate a medium-term plan for maintaining small rivers (hereinafter referred to as "medium-term plan") every five years in accordance with the comprehensive plan in consultation with the competent Mayor/Do Governor (excluding where the managing authority is a Special Self-Governing City Mayor) as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 16, 2024>(2) A mid-term plan shall include matters prescribed by Presidential Decree, such as matters concerning the annual maintenance of small rivers, etc. <Amended on Jan. 27, 2016>[This Article Wholly Amended on Mar. 31, 2010]

Article 8Formulation of action plans for maintaining small rivers

(1) Where a managing authority intends to maintain small rivers, etc. according to a mid-term plan, it shall formulate an action plan for maintaining small rivers, etc. (hereinafter referred to as "action plan"); provided, this shall not apply to the insignificant maintenance of a small river, etc. prescribed by Presidential Decree. <Amended on Jan. 27, 2016>(2) Where a managing authority has formulated an action plan, it shall publicly announce such plan, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>(3) Where a managing authority intends to formulate an action plan, it shall have a prior consultation with the head of a related administrative agency, such as the head of a regional environmental agency. <Amended on Jan. 27, 2016>(4) Each managing authority shall endeavor to reflect project costs necessary for the implementation of an action plan formulated under paragraph (1) in the budget. <Added on Jan. 16, 2024>(5) Paragraphs (1) and (2) shall apply mutatis mutandis to changes to an action plan. <Amended on Jan. 16, 2024>(6) Where the managing authority completes the maintenance of small rivers, etc. in accordance with an action plan, it shall publicly notify the details thereof as prescribed by Presidential Decree. <Added on Jan. 27, 2016>[This Article Wholly Amended on Mar. 31, 2010]

Article 8-2Performance of work by proxy

(1) A managing authority may have an agent for disaster prevention and management defined in subparagraph 14 of Article 2 of the Countermeasures against Natural Disasters Act (hereinafter referred to as "proxy") perform his or her affairs requiring expertise, such as basic and feasibility studies and analysis, and preliminary and working designs, from among his or her duties related to formulating comprehensive plans, mid-term plans, and action plans.

(2) Procedures and methods for selecting a proxy and other necessary matters shall be prescribed by Presidential Decree.

(3) Where a managing authority have a proxy perform work on his or her behalf, Article 38 (2), 38-2, 39 through 41, 41-2, and 42 through 44 of the Countermeasures against Natural Disasters Act shall apply mutatis mutandis to the criteria for assessing costs incurred in performing the proxy work, grounds for disqualification for registering as a proxy, matters to be observed by a proxy, suspension or closure of business, fact-finding inspections, de-registration of a proxy, hearings, continued work by a de-registered proxy or a proxy suspended from doing business, and the like.[This Article Added on Dec. 10, 2019]

Article 9Register of small rivers

(1) Where a managing authority has designated a small river pursuant to Article 3, it shall prepare a register of small rivers. The same shall also apply where the managing authority has publicly notified a planned small river area pursuant to Article 4.

(2) Matters necessary for the preparation, management, etc. of a register of small rivers shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>[This Article Wholly Amended on Mar. 31, 2010]

Article 10Maintenance of small rivers by person other than managing authority

(1) A person, other than a managing authority (excluding the State or a local government), may maintain small rivers, etc. upon obtaining permission from the managing authority; provided, in cases of insignificant maintenance of a small river, etc. prescribed by Presidential Decree, he or she does not need to obtain permission. <Amended on Jan. 27, 2016>(2) Where a managing authority intends to grant permission under paragraph (1), it shall examine the following matters:

1. Whether the relevant project interferes with a comprehensive plan, mid-term plan, or action plan;

2. Where a person who has obtained permission (hereinafter referred to as "right holder") under Article 14 sustains a loss, whether the right holder has consented to the implementation of the relevant project;

3. Whether the cost and period for maintaining a small river, etc. are reasonable;

4. Whether an artificial structure to be installed in a small river meets related design standards.

(3) A managing authority shall notify whether to grant permission or reasons for delay in granting permission within 20 days from the date of receiving an application for permission for the maintenance of a small river, etc. under paragraph (1). In such cases, if the managing authority fails to notify whether to grant permission or reasons for delay in granting permission within said period, the permission shall be deemed granted on the day immediately following the expiry of said period. <Added on Dec. 10, 2019>(4) Where a managing authority notifies reasons for delay in granting permission under paragraph (3), the permission processing period under paragraph (3) may be extended by up to 10 days. <Added on Dec. 10, 2019>(5) Where a managing authority grants permission for the maintenance of a small river, etc. pursuant to paragraph (1), he or she shall publicly notify the granting of such permission, as prescribed by Presidential Decree. <Added on Jan. 27, 2016; Dec. 10, 2019>(6) Any person who maintains a small river, etc. pursuant to paragraph (1) shall without delay undergo a completion inspection by a managing authority after such maintenance is completed. <Amended on Jan. 27, 2016; Dec. 10, 2019>(7) Where a managing authority completes a completion inspection referred to in paragraph (6), it shall publicly notify the completion of such inspection, as prescribed by Presidential Decree. <Added on Jan. 27, 2016; Dec. 10, 2019>(8) Where a managing authority deems it particularly necessary to grant permission under paragraph (1), it may require a person who has applied for permission to deposit all or part of the cost for maintaining a small river, etc. <Amended on Jan. 27, 2016; Dec. 10, 2019>(9) The scope of works for which the cost need to be deposited pursuant to paragraph (8), the criteria for money deposited, the timing of deposit, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jan. 27, 2016; Dec. 10, 2019>[This Article Wholly Amended on Mar. 31, 2010][Title Amended on Jan. 27, 2016]

Article 10-2Authorization and permission deemed granted under other statutes

(1) When a managing authority publicly announces the formulation or revision of an action plan pursuant to Article 8 (2) or (5), or when a person, other than a managing authority, obtains permission for the maintenance of a small river, etc. pursuant to Article 10 (1) and (2), he or she or it shall be deemed to have obtained any of the following permission, authorization, licenses, or approval, decision; or designation to have filed a report; or to have undergone consultation, etc. (hereafter referred to in this Article as "authorization, permission, etc.") if the managing authority consults with the head of a related administrative agency pursuant to paragraph (3); or he or she or it shall be deemed to have publicly announced or publicly notified the relevant authorization, permission, etc. if the managing authority publicly announces an action plan pursuant to Article 8 (2) or (5) or publicly notifies the granting of permission for the maintenance of a small river, etc. pursuant to Article 10 (5): <Amended on Apr. 15, 2010; May 31, 2010; Jan. 14, 2014; Jan. 27, 2016; Dec. 10, 2019; Dec. 27, 2022; Jan. 16, 2024>1. Determination of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act; permission to engage in development activities under Article 56 of the same Act; designation of an implementer of an urban planning facility project under Article 86 of the same Act; or formulation and authorization of an implementation plan under Article 88 of the same Act;

2. Permission for, or consultation on, the diversion of farmland under Article 34 of the Farmland Act, reporting of the diversion of farmland under Article 35 of the same Act, and permission for temporary use of farmland under Article 36 of the same Act;

3. Permission for, reporting of, or consultation on the conversion of grassland under Article 23 of the Grassland Act;

4. Permission to change land shape or quality under Article 111 of the Agricultural and Fishing Villages Improvement Act;

5. Permission to convert mountainous districts under Article 14 of the Mountainous Districts Management Act and reporting of the conversion of mountainous districts under Article 15 of the same Act, permission for, or reporting of temporary use of mountainous districts under Article 15-2 of the same Act, and permission for, or reporting of felling standing timber, etc. under Article 36 (1) and (5) of the Creation and Management of Forest Resources Act;

6. Permission to engage in activities under Article 9 (2) 1 of the Forest Protection Act, or reporting of activities in a forest conservation zone (excluding a forest genetic resources protection zone) under subparagraph 2 of the same paragraph;

7. Permission for felling, etc. under Article 14 of the Erosion Control Work Act;

8. Authorization for private-use waterworks under Article 52 of the Water Supply and Waterworks Installation Act, and authorization for private-use industrial waterworks under Article 54 of the same Act;

9. Permission to execute public sewerage works under Article 16 of the Sewerage Act, and permission to occupy and use public sewerage under Article 24 of the same Act;

10. Permission for the development and utilization of groundwater under Article 7 of the Groundwater Act;

11. Permission to engage in activities in a park area under Article 23 of the Natural Parks Act;

12. Permission to rebury a grave under Article 27 of the Act on Funeral Services, Etc.;

13. Determination of a road zone under Article 25 of the Road Act, permission for a person, other than a road management authority, to conduct road works under Article 36 of the same Act, permission to occupy and use a road under Article 61 of the same Act, and consultation with or approval from a road management authority under Article 107 of the same Act;

14. Building permission for a private road under Article 4 of the Private Road Act;

15. Permission to extract aggregates under Article 22 of the Aggregate Extraction Act;

16. Permission to occupy and use, or use public waters under Article 8 of the Public Waters Management and Reclamation Act, approval of an implementation plan for occupancy and use or use under Article 17 of the same Act, the formulation of a basic plan for reclamation under Article 22 of the same Act, a modification of a basic plan for reclamation under Article 27 of the same Act, reclamation license of public waters under Article 28 of the same Act, consultation about or approval for reclamation conducted by the State, etc. under Article 35 of the same Act, and approval of an implementation plan for reclamation of public waters under Article 38 of the same Act;

17. Deleted. <Apr. 15, 2010>(2) Where a person, other than a managing authority, intends to obtain authorization, permission, etc. deemed granted under paragraph (1), he or she shall submit the documents prescribed by relevant statutes when applying for permission for the maintenance of a small river, etc. under Article 10. <Added on Jan. 27, 2016>(3) Where a managing authority intends to formulate or revise an action plan pursuant to Article 8 or grants permission for the maintenance of a small river, etc. to a person, other than a managing authority, pursuant to Article 10, it shall have a prior consultation with the head of a related administrative agency if any matter referred to in the subparagraphs of paragraph (1) is included therein. <Amended on Jan. 27, 2016>(4) In receipt of a request for consultation under paragraph (3), the head of a related administrative agency shall submit his or her opinions within 30 days from receiving such request. <Added on Dec. 10, 2019>[This Article Wholly Amended on Mar. 31, 2010]

Article 10-3Completion inspection deemed conducted and completion authorization deemed granted for maintaining small river

(1) In any of the following cases, a managing authority shall be deemed to have conducted a completion inspection or to have granted completion authorization, and to have publicly notified such inspection or authorization if it consults with the head of a related administrative agency pursuant to paragraph (3) with regard to the completion inspection, completion authorization, etc. which is a substitute for authorization, permission, etc. deemed granted under Article 10-2 (1): <Amended on Dec. 10, 2019; Jan. 16, 2024>1. Where a managing authority publicly notifies the completion of the maintenance of a small river, etc. pursuant to Article 8 (6);

2. Where a managing authority publicly notifies the conducting of a completion inspection pursuant to Article 10 (7).

(2) Where a completion inspection is deemed undergone or completion authorization is deemed obtained pursuant to paragraph (1), a person, other than a managing authority, shall submit the documents prescribed by relevant statutes when applying for a completion inspection under Article 10 (6). <Amended on Dec. 10, 2019>(3) Where a managing authority completes the maintenance of a small river, etc. pursuant to Article 8 (6), or conducts a completion inspection pursuant to Article 10 (6), it shall have a prior consultation with the head of a related administrative agency if the maintenance or inspection is involved in a completion inspection or completion authorization which is a substitute for authorization, permission, etc. deemed granted under Article 10-2 (1). <Amended on Dec. 10, 2019; Jan. 16, 2024>[This Article Added on Jan. 27, 2016]

Article 11Hearing opinions of residents

A managing authority shall, in advance, hear opinions of related experts and residents of the relevant area on matters prescribed by Presidential Decree concerning the designation of a small river (including small river facilities) pursuant to Article 3 and the maintenance, etc. of a small river, etc. <Amended on Jan. 27, 2016>[This Article Wholly Amended on Mar. 31, 2010]

Article 12Expropriation of land

(1) If necessary for maintaining a small river, etc. according to an action plan, a managing authority may expropriate or use the title of land, buildings, or fixtures on such land in an area where such action plan is implemented, or rights other than title of such land, buildings, or fixtures. <Amended on Jan. 27, 2016>(2) Where an action plan is publicly announced pursuant to Article 8 (2), project approval and a public notice of such project approval under Article 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be deemed granted and given, respectively; and an application for ruling may be filed during which the project is implemented according to the action plan, notwithstanding Article 23 (1) and 28 (1) of the same Act. <Amended on Jan. 27, 2016>(3) Except as provided in this Act, the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to expropriation or use under paragraph (1).[This Article Wholly Amended on Mar. 31, 2010]

Article 13Subsidization

The head of a related central administrative agency and a Mayor/Do Governor may provide a subsidy to a managing authority to cover part of the expenses incurred in maintaining, etc. a small river, etc. <Amended on Jan. 27, 2016>[This Article Wholly Amended on Mar. 31, 2010]

Article 14Occupancy and use of small rivers

(1) Any person who intends to engage in any of the following activities in a small river, etc. (excluding a planned small river area; hereafter the same shall apply in this Article) shall obtain permission from a managing authority, as prescribed by Decree of the Ministry of the Interior and Safety; provided, this shall not apply in any case prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 20, 2015; Jan. 27, 2016; Jul. 26, 2017>1. Occupancy and use of flowing water;

2. Occupancy and use of land;

3. Occupancy and use, building, rebuilding, alteration, or removal of small river facilities;

4. Building, rebuilding, or alteration of other artificial structures;

5. Excavation in the ground, mounding or cutting the ground, or other alterations of the shape of land;

6. Collection of earth and stones, sands, gravels, bamboos, or other objects coming from a small river, etc.;

7. Other activities likely to disrupt the shape and functions of a small river, etc.

(2) Where a managing authority intends to grant permission under paragraph (1), it shall examine matters referred to in the subparagraphs of Article 10 (2).

(3) Where a managing authority grants permission under paragraph (1) on a small river, etc. flowing into a national river or local river under the River Act, it shall notify the competent river managing authority under Article 8 of the River Act of the granting of such permission. In such cases, it shall also notify the Minister of Climate, Energy and Environment of the granting of permission for activities referred to in paragraph (1) 1. <Amended on Mar. 23, 2013; Jan. 27, 2016; Dec 31, 2020; Oct. 1, 2025>(4) Where a prior consultation with a managing authority is conducted pursuant to Article 5 (1) or (2), paragraph (1) shall not apply to the extent already consulted, and where permission for the maintenance of a small river, etc. is granted pursuant to Article 10, paragraph (1) shall not apply to the extent already permitted. <Amended on Jan. 27, 2016>(5) Any person who has installed or has been occupying and using small river facilities or other artificial structures in a small river area as at the time the small river area is determined and publicly notified pursuant to Article 3-3 shall file a report with the competent managing authority within one year from the date such small river is determined and publicly notified, and the person who has filed a report shall be deemed to have obtained permission under paragraph (1), if such report is accepted (including cases where a report is deemed to be accepted). In such cases, Article 4-2 (2) and (3) shall apply mutatis mutandis to the acceptance of reports and the like. <Amended on Jan. 27, 2016; Dec. 10, 2019>(6) A managing authority shall notify an applicant for permission of whether it grants permission or a reason for delay in granting permission within 20 days after receipt of an application for permission under paragraph (1). In such cases, where the managing authority fails to notify the applicant of whether it grants permission or a reason for delay in granting permission within that period, it shall be deemed to have granted permission on the date immediately following the date that time limit has elapsed. <Amended on May 30, 2011>(7) Where a managing authority notifies an applicant for permission of a reason for delay in granting permission pursuant to paragraph (6), the period for granting permission referred to in paragraph (6) may be extended by up to 10 days. <Amended on May 30, 2011>(8) The validity period of permission under paragraph (1), detailed criteria for handling affairs under paragraphs (2) through (7), and other necessary matters shall be prescribed by Decree of the Ministry of the Interior and Safety. <Added on Dec. 10, 2019>[This Article Wholly Amended on Mar. 31, 2010][Title Amended on Jan. 27, 2016]

Article 15Restrictions on permission

Where a disaster is likely to occur or where a managing authority deems it particularly necessary for maintaining and preserving a small river, etc., the managing authority shall neither grant permission nor accept a report under Article 14 (1) or (5), and may restrict the installation of artificial structures in a planned small river area publicly notified under Article 4 (3). <Amended on Jan. 27, 2016; Dec. 10, 2019>[This Article Wholly Amended on Mar. 31, 2010][Title Amended on Dec. 10, 2019]

Article 16Obligations to reinstate small rivers

(1) Any person who has obtained permission to maintain a small river, etc. pursuant to Article 10 or permission to occupy and use, or use, a small river, etc. pursuant to Article 14, shall reinstate the small river, etc. when such permission becomes void or when he or she ceases to occupy and use, or use, the small river, etc.; provided, where reinstatement of a small river, etc. is unnecessary or impossible, or where there are other reasons prescribed by Presidential Decree, a managing authority may exempt the person who obtained permission from obligations to reinstate the small river, etc. either at his or her request or ex officio. <Amended on Jan. 27, 2016; Dec. 10, 2019>(2) Where obligations to reinstate a small river, etc. are waived pursuant to the proviso of paragraph (1), the relevant artificial structures or other objects shall gratuitously devolve on the relevant local government.[This Article Wholly Amended on Mar. 31, 2010]

Article 17Measures against violators of statutes or regulations

In any of the following cases, a managing authority may revoke permission to maintain a small river, etc. under Article 10 or permission to occupy and use, or use, a small river, etc. under Article 14; or issue an order to relocate or remove relevant artificial structures or other objects, or to take other necessary measures; provided, the permission shall be revoked in cases falling under subparagraph 1: <Amended on Jan. 27, 2016; Dec. 10, 2019>1. Where a person has obtained permission to maintain a small river, etc. under Article 10 or permission to occupy and use, or use, a small river, etc. under Article 14 by fraud or other improper means;

2. Where a person has maintained a small river, etc. without obtaining permission, in violation of Article 10 (1);

3. Where a person has failed to undergo a completion inspection, in violation of Article 10 (6);

4. Where a person has occupied and used flowing water, etc. without obtaining permission, in violation of Article 14 (1);

5. Where a person has failed to report the occupancy and use of a small river, etc., in violation of Article 14 (5);

6. Where a person has violated restrictions on installation of artificial structures in a planned small river area under Article 15;

7. Where a person has failed to fulfill obligations to reinstate a small river, in violation of the main clause of Article 16 (1);

8. Where a person who shall obtain permission, authorization, or other disposition from a related administrative agency pursuant to other statutes or regulations has failed to obtain permission, authorization, or other disposition, or where such permission, authorization, or other disposition has been revoked or become void after a person obtained any of them, eliminating the need to obtain permission under this Act;

9. Where construction works related to permission, any other activities, or the whole or part of a project related thereto has been cancelled.[This Article Wholly Amended on Mar. 31, 2010]

Article 18Dispositions for public interest

In any of the following cases, a managing authority may impose a disposition under Article 17 against a person who has obtained permission to maintain a small river, etc. under Article 10 or permission to occupy and use, or use, a small river, etc. under Article 14, or may order him or her to take necessary measures: <Amended on Jan. 27, 2016>1. Where it is required for the maintenance of a small river, etc.;

2. Where it is required to eliminate or lessen damage to the public interest, such as the conservation of a small river and the prevention of disasters;

3. Where it is required for public works projects under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.[This Article Wholly Amended on Mar. 31, 2010]

Article 18-2Hearings

Where a managing authority intends to revoke permission pursuant to Article 17 or 18, it shall hold hearings.[This Article Wholly Amended on Mar. 31, 2010]

Article 18-3Special provisions concerning application of administrative vicarious execution

(1) Where urgent measures are required to prevent flood damage, etc., a managing authority may, if following the procedures stipulated in Article 3 (1) and (2) of the Administrative Vicarious Execution Act makes it hard to attain such goals, remove occupying objects and take other necessary measures without undergoing such procedures.

(2) The removal of occupying objects and other necessary measures under paragraph (1) shall be limited to the minimum necessary to manage small rivers.

(3) Matters necessary for the storage and handling of occupying objects that have been removed through the vicarious execution under paragraphs (1) and (2) shall be prescribed by Presidential Decree.[This Article Added on Jan. 16, 2024]

Article 19Supervision over managing authority

(1) A Mayor/Do Governor may direct and supervise a managing authority in relation to the maintenance and conservation of small rivers, etc. <Amended on Jan. 27, 2016>(2) Where a Mayor/Do Governor deems it necessary for the conservation of small rivers and the prevention of disasters or the prevention or elimination of pollution, he or she may require a managing authority to revoke or change a disposition it has imposed or construction works projects it undertakes or to take other necessary measures.[This Article Wholly Amended on Mar. 31, 2010]

Article 20Invalidation of permission

Where a managing authority designates the deadline for commencing construction works or the deadline for completing constructions works when granting permission to maintain a small river, etc. under Article 10 or permission to occupy and use, or use, a small river, etc. under Article 14, such permission shall become void if a person who obtained such permission fails to commence or complete construction works by the designated date; provided, where the managing authority receives an application for the recovery of the effect within three months from the date the effect is lost, it may retroactively recover the effect thereof, if it deems that a person who obtained such permission could not meet the deadline for commencing construction works or the deadline for completing construction works due to a natural disaster, force majeure, or any other reasons not attributable to him or her. <Amended on Jan. 27, 2016; Dec. 10, 2019>[This Article Wholly Amended on Mar. 31, 2010]