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Response of Motoichi following the enforcement of the Embankment Regulation Law

Last Updated November 1, 2024

 On May 27, 2022, the Residential Land Development Regulation Law (hereinafter referred to as the “Old Housing Construction Law”) was drastically revised to protect the lives and bodies of the people from disasters caused by embankments, etc. Regardless of land, forests, etc.), dangerous embankments, etc. are comprehensively regulated based on uniform standards throughout the country, and the "Regulations on Land Development and Specification" Act on the purpose of preventing disasters associated with embankments.
 The response of Motoichi in response to this is as follows.

  1. Notice (Application of the Embankment Regulation Law will begin on April 1, 2025 (planned).) [Important]
  2. About Old Housing Construction Law and Embankment Regulation Law
  3. Overview of Embankment Regulation Law
  4. About candidate area of new regulated area (results of basic investigation)
  5. About common knowledge of construction plan of embankment regulation law (revised outline plan of the regulations about adjustment of Yokohama-shi development business) (the open call for participants end)
  6. Opinion open call for participants (the end of opinion open call for participants) about partial revision such as the regulations enforcement regulations about adjustment of Yokohama-shi development business

 The enforcement of the Embankment Regulation Law is May 26, 2023, but until the designation of a new restricted area, the regulations of the Old Housing Construction Law will continue to be applied.

 We have created a notice (Document 1) showing what requires permission under the Embankment Regulation Law depending on the progress up to April 1, 2025, and a notice (Document 2) showing the details of Document 1. Please give me.

Document 1   Document 2

 Embankment Regulation Law Document 1 (PDF: 346KB) Embankment Regulation Law Document 2 (PDF: 691KB) 


 The enforcement of the Embankment Regulation Law is May 26, 2023, but from the enforcement date to the designation of a new restricted area based on the Embankment Regulation Law (hereinafter referred to as the transitional measure period), the old Housing Construction Law Restrictions apply.
 The new regulated area is scheduled to be designated on April 1, 2025. With the designation, from the same day, the provisions of the Embankment Regulation Law will be applied throughout Yokohama City.

※Prior to the announcement of the restricted area under the Embankment Regulation Law, for those that have been licensed under the Old Housing Construction Law, the provisions of the Old Housing Construction Law, including permission to change, will be applied until construction is completed.

※About the details such as permission standards in embankment regulation law, we will tell on Motoichi website or window in future.

(1) Outline of the revision from the Old Housing Construction Law

Regulations without skimmers

  • Regardless of the use of land such as residential land, farmland, forests, etc., prefectural governors designate areas that can damage houses, etc. due to embankments, etc. as regulated areas.
  • Embankment, etc. performed in restricted areas, including the creation of farmland and forests and temporary accumulation of debris, is subject to permission.

Ensuring safety of embankments, etc.

  • Set permission standards necessary to prevent disasters according to the topography and geology of the area where embankment is performed.
  • In order to confirm whether safety measures are being implemented in accordance with the permission criteria.
    [1]Periodic reports on construction status, [2] Intermediate inspections during construction and [3] Completion inspections at completion of construction, etc.

Clarification of responsibilities

  • Clarify that landowners, etc. have a duty to maintain safe land on embankments, etc.
  • When necessary to prevent disasters, not only landowners, etc., but also the cause actor can be ordered to corrective measures, etc.

Effective penalties

  • In order to ensure that penalties function sufficiently as deterrent, penalties for unauthorized acts and violations of orders have been strengthened to a higher level than the upper limit of penalties under regulations.

※Up to 3 years in prison, fine of 10 million yen or less, corporate heavy department of 300 million yen or less

(2) Embankment Regulation Law Brochures (prepared by the Ministry of Land, Infrastructure, Transport and Tourism, the Ministry of Agriculture, Forestry and Fisheries and the Forestry Agency)

General use

For business operators

 In the entire area of Yokohama City, there are roads where earth and sand may be brought in by vehicles, etc., and from the viewpoint of preventing disasters caused by landslides due to embankments or outflow of earth and sand, `` Construction restricted areas such as residential land development '' Candidate area is "the whole area of Yokohama City" (publication date of candidate area: April 12, 2024).

※"Restricted areas such as specific embankments" and "Developed residential land disaster prevention areas" are specified except for "Construction restricted areas such as residential land development", so they will not be specified in Yokohama City.

※When designated as a "Construction restricted area for residential land development", permission based on the Embankment Regulation Law is required when performing construction work of a certain scale or more or sedimentation work of debris.

Table: Current regulated areas and new restricted areas (candidate areas)
 Current regulated areasNew restricted areas (candidate areas)
NameResidential land development construction restricted areaConstruction restricted areas such as residential land development
Basis LawFormer Residential Land Development Regulation LawEmbankment Regulation Law
Designated dateJuly 27, 1962April 1, 2025 (planned)

In the area
Regulations

Permission from the mayor is required when building residential land

In addition to the left
In the following cases, permission from the mayor is required
・ Creation of farmland, pastures or forests
・ Temporary accumulation of debris

Specified
Target area

An urban area or a land that can be an urban area in a hilly area
Areas where disasters are likely to occur due to development

If embankment is performed in the city area or its surroundings, houses, etc.
Areas that may cause harm to

Designated locationApproximately 62% of Yokohama CityThe whole area of Yokohama City (100%)

      (PDF format) (PDF: 652KB)

※This figure is a candidate area for "Construction restricted area for residential land development, etc." and has not been effective as a regulated area since the area was designated.


About candidate area of new regulation area of Kanagawa, please see this (Kanagawa HP: about regulation law such as residential land development and specific embankment) (outside site).


 Under the Embankment Regulation Law, construction owners are required to disseminate the construction plan to nearby residents before applying for permission for construction work or debris deposition work.
 In Yokohama City, in order to facilitate the advance dissemination of the development plan to nearby residents based on the Embankment Regulation Law, procedures such as dissemination methods will be added to the "Ordinance on Coordination of Yokohama City Development Projects". I will do it.
 This revision establishes a well-known procedure to the local residents when embankments are performed, and affects citizens. Therefore, we carry out citizen opinion offer (public comment) to raise opinions of citizen's all of you about outline plan of revision of the regulations concerned.
 In addition, along with this revision of the ordinance, we will review the ordinance based on the actual operation of the ordinance.
 About main point plan of this regulations revision, please see this (main point plan of revision of the regulations about adjustment of Yokohama-shi development business).
 ※As for public comment (citizen opinion offer) about this main point plan, opinion presentation period was finished on Wednesday, May 22, 2024.

 With partial revision of the regulations about adjustment of Yokohama-shi development business for the purpose of application of regulation law such as residential land development and specific embankment (planned) April 1, 2025) and correspondence of rule of the law With, we plan some revisions of the regulations enforcement regulations about adjustment of Yokohama-shi development business, regulation law enforcement regulations such as Yokohama-shi old residential land development and Yokohama-shi city planning law enforcement detailed regulations.
 Therefore, we raise opinions about this revision from citizens.
 About contents of opinion open call for participants, please see this (opinion open call for participants period R6.9.30-R6.10.30) about some revisions such as the regulations enforcement regulations about adjustment of Yokohama-shi development business)).
  ※Opinion presentation period was finished in opinion open call for participants on Wednesday, October 30, 2024.

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Inquiries to this page

Residential Land Planning Division, Residential Land Examination Department, Housing and Architecture Bureau Residential Land Examination Department

Telephone: 045-671-2945

Telephone: 045-671-2945

Fax: 045-681-2435

Email address: kc-takuchishinsa@city.yokohama.jp

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Page ID: 667-228-370

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