Yilan's self-imposed farmhouse regulations override central laws; COA does not rule out demolishing illegal structures
The Yilan County Government officially issued a document on February 1 announcing the "Yilan County Farmhouse Construction Review Guidelines for Agricultural Land Applications," effective immediately. The controversial provision that farmhouses must be "configured within 40% depth from the road-facing boundary line" remains unchanged. This means Yilan farmhouses do not necessarily have to be adjacent to the road; they can be pushed back into the field, positioned closer to the center of the field, with agricultural facilities placed in front of the farmhouse. Outsiders worry that these agricultural facilities will be used for the farmhouse itself, with grain-drying yards becoming parking lots, gardens, and so on, turning into luxury farmhouses.
Previously, COA Deputy Minister Chen Chi-chung repeatedly emphasized, "There is no such thing as a 40% depth configuration." and "The COA cannot accept this." This time, Yilan even directly announced the implementation of these guidelines without submitting them to the COA for reference. Lin Chang-li, Deputy Director-General of the COA's Soil and Water Conservation Bureau, pointed out that they are continuing to communicate with the Yilan County Government to understand the actual situation, and do not rule out following the model used for illegal factories, where the central government demolishes on behalf of the local authority.
Ignoring the central government, Yilan sets its own review guidelines; farmhouses can be configured within 40% depth of the farmland
Point 5 of the "Yilan County Farmhouse Construction Review Guidelines for Agricultural Land Applications" explicitly states: "The configuration of farmhouse land shall guide applicants in accordance with the business plan format attached to the Executive Yuan Council of Agriculture's letter, with rectangular configuration on the boundary side of the farmland adjacent to the road, or other appropriate locations that do not affect the agricultural production environment and rural development, and shall be limited to within 40% depth from the road-facing boundary line."
This means that although the Yilan County Government takes the COA's principle of farmhouses being adjacent to the road as the general rule, the proviso still reserves space for farmhouses. The farmhouse position can be pushed inward, with agricultural facilities placed in front. Outsiders worry that placing agricultural facilities in front of the farmhouse is equivalent to facilities being available for the farmhouse's use, with grain-drying yards becoming parking lots, gardens, and so on.
Regarding the many controversies surrounding the farmhouse review guidelines, the Yilan County Government still officially announced them externally. You Hsien-ting, Director of the Yilan County Government's Department of Agriculture, stated, "It has already been officially announced and implemented. The matter has been settled." He also emphasized that outsiders should stop targeting the Yilan County Government, saying, "You should go to Yilan in person and listen to the voices of the farmers."
When reporters asked whether the COA considers the guidelines illegal, and if the Yilan County Government still issues permits accordingly, would it cause the farmhouse to be listed by the central government as an illegal structure for demolition and result in loss of people's property? You Hsien-ting only responded, "You'd have to ask the central government about that!"
The Yilan County Government recently published a draft farmhouse configuration plan, which the COA considered to conflict with central regulations, but the county government still announced it in February and it took effect directly
The Yilan County Government recently published a draft farmhouse configuration plan, which the COA considered to conflict with central regulations, but the county government still announced it in February and it took effect directly (Image source / Yilan County Government)COA: Yilan's announcement was not submitted to the COA for reference; a letter has been sent stating the guidelines are illegal and invalid
Previously, regarding the proviso in Yilan's new review guidelines mentioning "within 40% depth from the road-facing boundary line, or other locations that do not affect the agricultural production environment" for farmhouse configuration, Chen Chi-chung repeatedly emphasized, "There is no such thing as a 40% depth configuration." If local governments want to smuggle agricultural facilities into farmhouses, "the COA cannot accept it."
But even though the COA repeatedly emphasized that the guidelines are illegal, the Yilan County Government still announced and implemented them. What will the central government do? Lin Chang-li responded that they have repeatedly told Yilan that these guidelines violate central regulations, and that after revision the guidelines should be announced and submitted to the COA for reference, "but Yilan only announced them without submitting them to the COA for reference." A letter has been sent to the Yilan County Government again explaining that these guidelines are illegal and invalid.
Soil and Water Conservation Bureau: Yilan is going its own way; the victims are the people and front-line case handlers
"The COA will continue to communicate with the Yilan County Government. Now we'll see how they implement it, how they review cases, and whether any cases come in. The COA will investigate." Lin Chang-li stated that if things are implemented according to Yilan's guidelines, there will be major problems in the future. "I think the case handlers are in a very difficult position, whether to listen to the county magistrate or follow the central government. The county magistrate's term will end and they'll be replaced, but those who will be investigated later will definitely be the case handlers. In the end, the victims are the people and front-line personnel."
Illegal structures under construction theoretically should be reported and demolished immediately, but demolishing illegal structures is a local authority. Will the COA intervene? Lin Chang-li responded that at the time, illegal factories were also under local authority, but due to overall social pressure, Changhua ultimately took the initiative to demolish them itself. "The central government still has one last move, which is to execute on behalf of the local authority. In the end, the central government still has the authority to demolish." Lin Chang-li emphasized that farmhouses can be handled under the same model, but this would amount to completely falling out, so multi-party communication and coordination remains the primary approach.
Hsu Shih-jung: The Control Yuan should take action and correct the illegality
Hsu Shih-jung, professor of the Department of Land Economics at National Chengchi University, pointed out that the COA has clearly stated that Yilan's farmhouse review guidelines are illegal. Since they have no legal basis and the Yilan County Government acted on its own initiative, if farmhouses are ultimately demolished, the Yilan County Government would be involved in damage to people's property, and the people could demand compensation.
Hsu Shih-jung further stated that Yilan's farmhouse review guidelines are illegal yet were directly announced, which amounts to illegal administration. The Control Yuan can issue corrections, and even impeach public officials. Through the Control Yuan's channels, public officials can be corrected for illegal acts. "Yilan acting on its own initiative like this, the Control Yuan should take action and should express its position."
Lin Chang-li emphasized that all counties and cities must uniformly comply with central regulations; it is impossible for Yilan, Tainan, and Taichung to each have their own set. If communication fails, the central government will step in to supervise. As for whether the Control Yuan would impeach? Lin Chang-li explained that no cases have arisen yet, there is no actual situation, and it has not yet reached the Control Yuan.
Yilan Real Estate Brokers Association: Regulations are inconsistent; all sectors are watching and waiting
Facing ongoing farmhouse controversies, with local and central positions differing, this has also caused unease in the real estate brokerage industry. Li Tien-hsi, former chairman of the Yilan County Real Estate Brokers Association, stated that the real estate sector is very worried that different people in office will make different interpretations, so everyone is still watching and waiting. "Some people worry that what is legal today will become illegal tomorrow. This is very possible. Government credibility is very unreliable."
However, Li Tien-hsi also said that Yilan's farmhouse review guidelines are more goodwill-oriented and more lenient, giving agricultural users flexibility in building farmhouses. Would greater flexibility also make violations surge? Li Tien-hsi emphasized that the key point is that the government has laws but does not enforce them. "Ignoring illegal structures, then levying taxes on them, means you break the law and the government makes money." The government should have enforced the law before violations even occurred.
Architect: If work stoppages actually occur in the future, the local government will need to compensate
A architect surnamed Lin from the Yilan County Architects Association stated that the construction industry is not too worried about regulatory reversals. Farmhouses must first go through farmer qualification review and have their configuration decided before finally being sent to architects for design. "Architects are at the last stage; the controversial parts have already been confirmed."
Are they worried about being stopped and demolished halfway through construction? The architect surnamed Lin responded that according to the construction license, they can build anyway, and this is also permitted by the local authority. "If the central government ultimately disagrees and there really is a problem requiring a work stoppage and demolition, then the local government will have to compensate."
The architect surnamed Lin pointed out that the newly established Yilan farmhouse review guidelines are more reasonable and slightly more flexible. "The number of people submitting construction license applications may increase a bit, but I haven't felt it yet."
Since Yilan's review guidelines have already been announced and implemented, is the current design based on the new guidelines, with "farmhouses and agricultural facilities concentrated within the 40% depth range"? The architect surnamed Lin explained that this depends on whether the committee considers it reasonable and whether it will approve it. Reviews are now stricter, and it is not the case that approval is granted just because an application is submitted. "I currently don't have such cases on hand."