CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters delegated by the Landscape Act (hereinafter referred to as the "Act") and the Enforcement Decree of said Act and matters necessary for the enforcement thereof.

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
1. "Landscape Plan" means a plan formulated by the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") in order to conserve, manage, and form the landscape of a specific area;
2. "Landscaping project" means a project implemented to conserve, manage, and form a landscape under Article 16 of the Act;
3. "Landscape agreement" means an agreement made by and among landowners, etc. in order to create a pleasant environment and a beautiful landscape for an area under Article 29 of the Act;
4. "Deliberation on landscaping" means the review conducted by the Landscape Committee on the buildings, facilities, etc. constructed in a newly developed area to make sure that such buildings, facilities, etc. harmonize with their surroundings;
5. "Landscaping project implementer" means the head of a central administrative agency or the head of a local government, who implements a landscaping project, or a person who implements a project with approval from the head of the relevant local government after successfully passing a review on the relevant project plan;
6. "Landscaping guidelines" means the guidelines that specify the methods for the management of landscaping resources that need special management, such as buildings, streets, and structures.

Article 3 (Basic Direction of Landscape Management) The Seoul Government's landscape planning and management shall be based on the basic principles of landscape management under Article 3 of the Act, and the basic direction is to form an urban landscape by emphasizing features of the nature, waterside view, history, culture, and street view of Seoul and to contribute to the improvement of the quality of citizens' lives.

Article 4 (Responsibilities of Landscape Planning Authorities, Project Implementers, and Citizens) (1) In order to develop a beautiful and pleasant landscape, the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall formulate and implement a comprehensive policy, in which he/she shall reflect citizens' opinions as much as possible, and shall enhance citizen's understanding about the basic principles of landscape management.
(2) Each project implementer shall fully consider the landscape of surroundings and shall endeavor to contribute to the formation of landscape of the relevant area through its development activities.
(3) Every citizen shall actively cooperate with the Seoul Government in policies implemented under this Ordinance in order to conserve, manage, and form a beautiful and pleasant landscape for the Seoul Government.

Article 5 (Relationships to Other Ordinances) Except as otherwise prescribed expressly by other municipal ordinances, the conservation, management, formation, etc. of landscapes shall be governed by this Ordinance.

CHAPTER II LANDSCAPE PLANNING Article 6 (Procedure for Processing Proposals for Formulating Landscape Plan) A person who intends to propose to formulate a landscape plan pursuant to Article 2 (4) of the Enforcement Decree of the Landscape Act (hereinafter referred to as the "Decree") shall submit a proposal to the Mayor in attached Form 1, along with the following documents:
1. A landscape plan proposal:
(a) A summary of the proposal;
(b) Purposes and basic direction of the landscape plan;
(c) Results of survey and assessment of landscape resources;
(d) Prospects of landscape formation, measures therefor, and other details of the landscape plan;
(e) Matters concerning the procurement of financial resources for implementing the landscape plan and phased implementation;
2. Drawings of analyzed current conditions of landscape;
3. Drawings of basic concepts of landscape;
4. Landscape plan drawings and landscape simulation;
5. Other documents evidencing the validity of the landscape plan proposal.
(2) Upon receipt of a proposal for formulating a landscape plan under paragraph (1), the Mayor shall examine the following factors:
1. Whether the landscape plan is necessary;
2. Whether details of the landscape plan are reasonable;
3. Whether the proposal conforms to higher-level plans, such as the master urban plan and is compatible with existing landscape plans;
4. Whether the proposal contravenes any other statute;
5. Whether it is possible to procure financial resources;
6. Other matters necessary for the landscape plan.
(3) If any of the documents specified in paragraph (1) is omitted or imperfect, the Mayor may request the person who made a proposal to amend the proposal.
(4) With regard to a proposal submitted to the Mayor, he/she may seek opinions thereon from relevant agencies and the head of the relevant Gu or may request them to furnish him/her with relevant data.

Article 7 (Details of Landscape Plan) The matters concerning the conservation, management, and formation of landscapes under subparagraph 11 of Article 9 of the Act include the following matters:
1. Landscape management of public spaces, such as streets, squares, and waterside areas;
2. Landscape management of public buildings, such as cultural facilities, sports facilities, and facilities for residents' convenience;
3. Landscape management of huge structures, such as bridges and transmission towers;
4. Landscape design, including colors and materials;
5. Management of night views;
6. Conservation and management of the unique natural landscape of each area;
7. Conservation and management of the unique historical and cultural landscape of each area;
8. Landscape management of specific landscape management districts, such as areas designated for the promotion of urban renewal, cultural heritage protection zones, landscape management zones along the old Seoul city wall belt, waterside belts, and natural green belts;
9. Other matters that the Mayor deems necessary for the conservation, management, and formation of landscapes.

Article 8 (Public Hearings for Formulating Landscape Plan) (1) The Mayor may appoint or commission the moderator of a public hearing held under Article 5 (2) of the Decree from among the following persons:
1. A party involved in the relevant landscape plan;
2. A person who has expertise in the field related to the relevant landscape plan;
3. A person who has work experience in the field related to the relevant landscape plan.
(2) A person who has an opinion on the details of a landscape plan proposal may attend a public hearing to express the opinion or may submit a summary of his/her opinion to the Mayor. in writing or by Internet or other means, within seven days after the public hearing is held.
(3) The Mayor shall notify the presenters, persons who presented an opinion, and other related persons of the results of reflection of opinions presented at the public hearing or notify such opinions to the general public by posting them on web-sites and by other means and may seek advice from the Landscape Committee on the opinions so presented, if necessary.
(4) The moderator and presenters of a public hearing and experts and others who submitted data may be reimbursed for allowances, travel expenses, and other necessary expenses, within budgetary limits: Provided, That the foregoing shall not apply to a public official who attends a public hearing in direct connection with his/her duties.

CHAPTER III LANDSCAPING PROJECTS Article 9 (Kinds of Landscaping Projects) (1) The projects for the conservation, management, and formation of landscapes under Article 16 (1) 6 of the Act are as follows:
1. Projects for improving perceptions of landscapes, such as education and public relations activities for urban landscapes;
2. Projects for recording urban landscapes;
3. Landscape projects for the installation and management of major spaces and facilities in the Seoul Government;
4. Other projects that the Mayor deems necessary for the conservation, management, and formation of landscapes.
(2) The projects for recording urban landscapes under paragraph (1) 2 shall be implemented to record the changing landscape of each area of the Seoul Government once every five years, produce and store the records in the form or video recording media, etc., and utilize such records as basic data of the history of changes in landscapes and data for policies on the management of urban landscapes.

Article 10 (Landscaping Project Plans) The matters that shall be included in a project plan pursuant to Article 8 (1) 7 of the Decree are as follows:
1. Expected effects of the project;
2. Annual execution plans;
3. The ground for calculating the project cost and a scheme to procure funds therefor;
4. A scheme to secure the budget required for maintenance and management;
5. Drawings and documents related to the project plan.
(2) The landscaping project plan under Article 16 (2) of the Act and Article 8 (1) of the Decree shall be made in attached Form 2.

Article 11 (Factors to be Considered in Deliberating on Landscaping Projects) The factors that shall be considered in deliberating on landscaping projects under Article 8 (2) 4 of the Decree are as follows:
1. The feasibility of annual execution plans;
2. The reasonableness of the ground for calculating the project cost and the scheme to procure funds;
3. The appropriateness of expenses of maintenance and management and the scheme to secure the budget therefor.

Article 12 (Organization of Council for Implementation of Landscaping Projects) (1) Members of the council for the implementation of a landscape project under Article 9 (1) of the Decree shall be appointed or commissioned by the Mayor from among the following persons:
1. Residents and stakeholders in the landscaping project area;
2. Persons recommended by non-governmental organizations;
3. Experts in landscaping;
4. The contractor of the landscaping project;
5. Public officials involved in the landscaping project;
6. Members of the local council.
(2) The council for the implementation of a landscape project shall be composed of not more than 20 members, including one chairperson and one vice-chairperson.
(3) The chairperson and the vice-chairperson of the council for the implementation of a landscape project shall be elected by and from among council members, and council members who are to be commissioned under paragraph (1) 1 through 3 shall be commissioned each time the council for the implementation of the relevant landscape project is organized.
(4) The chairperson shall administer all business affairs of the council for the implementation of the relevant landscape project, convene meetings of the council, and preside over the meetings.
(5) If the chairperson is unable to perform his/her duties due to an unavoidable cause or event, the vice-chairperson shall act on behalf of the chairperson, while the council member designated by the chairperson in advance shall act on behalf of the chairperson, if both the chairperson and the vice-chairperson are unable to perform his/her duties due to an unavoidable cause or event.
(6) A meeting of the council for the implementation of a landscape project shall be duly formed with the attendance of the majority of current council members, and a resolution shall be adopted by affirmative votes of the majority of the members present at the meeting.
(7) The council for the implementation of a landscape project may have one executive secretary and one clerk. In such cases, the head of the division in charge of management of councils for the implementation of a landscape project shall serve as executive secretary.
(8) The Mayor may reimburse the persons who attend a meeting of the council for the implementation of a landscape project for necessary expenses, including allowances and travel expenses: Provided, That the foregoing shall not apply to a public official who attends a meeting in direct connection with his/her duties.
(9) Other matters necessary for the operation of the council for the implementation of a landscape project may be determined by the chairperson, subject to resolution by the council for the implementation of the landscape project.

Article 13 (Functions of Council for Implementation of Landscaping Project) The functions of a council for the implementation of a landscaping project under Article 9 (3) of the Decree are as follows:
1. Settlement of differences in opinions on the formulation and implementation of the landscaping project plan;
2. Consulting and decision-making on matters concerning maintenance and management after completion of the landscaping project.

Article 14 (Financial Assistance in Landscaping Projects) (1) The Mayor may include the following costs and expenses in those eligible for financial assistance under Article 18 of the Act:
1. Expenses for survey, designing, and research for formulating a landscaping project plan;
2. Expenses incurred in maintenance, management, and public relations activities, incidental to the implementation of a landscaping project;
3. Other cost of a landscaping project for which financial assistance is deemed necessary.
(2) The Mayor may provide technical assistance for any of the following landscaping projects or may fully or partially subsidize costs and expenses incurred in any of such projects:
1. A landscaping project implemented under the landscape plan;
2. A project implemented under a landscape agreement.
(3) If a cause or event that gives rise to the suspension or cancellation of a landscaping project subsidized by the Seoul Government occurs, the Mayor may claim the return of the project cost and take measures necessary for supervision in accordance with the Seoul Metropolitan Government Ordinance on Management of Subsidies.
(4) The procedure for financial assistance under paragraph (1) and further details shall be determined by the Mayor.

CHAPTER IV LANDSCAPE AGREEMENT Article 15 (Extent of Parties to Landscape Agreement) “Persons specified by Municipal Ordinance of each local government" in subparagraph 3 of Article 10 of the Decree means the following persons:
1. Persons who holds a right to use the land or a building thereon, such as the manager, occupants, leaseholders, and tenants of the land or building;
2. Persons whom the Mayor deems necessary for performing the landscape agreement under Article 19 (1) of the Act (hereinafter referred to as "landscape agreement").

Article 16 (Terms and conditions of Landscape Agreements) "Matters prescribed by Municipal Ordinance of each local government" in subparagraph 3 of Article 11 of the Decree is the following matters:
1. Matters concerning the plans formulated in relation to landscape pursuant to other statutes, such as the district unit plans under Article 52 (1) of the National Land Planning and Utilization Act;
2. Matters concerning night view control, such as lighting in the landscape agreement zone;
3. Matters concerning landscape planning and management, such as the greening of buildings and the planting in outdoor areas;
4. Matters that the Mayor specifies for the conservation, management, and formation of the landscape in the area for which the relevant landscape agreement has been made.

Article 17 (Written Landscape Agreements) (1) "Matters prescribed by Municipal Ordinance of each local government" in Article 19 (5) 8 of the Act means the following matters:
1. Matters concerning the succession to the landscape agreement;
2. Matters concerning the amendment or abolition of the landscape agreement;
3. Drawings and documents relevant to the landscape agreement;
4. A plan for performing the landscape agreement.
(2) Guidelines for formulating a landscape agreement and other matters necessary for submitting the agreement shall be determined by the Mayor.

Article 18 (Reporting of Establishment of Steering Committee for Landscape Agreement) (1) "Matters prescribed by Municipal Ordinance of each local government" in Article 12 (1) 5 of the Decree means the following matters:
1. Methods for electing a representative and committee members;
2. Other matters determined by the Mayor as necessary for the operation of the steering committee for a landscape agreement.
(2) The reports on the establishment of the steering committee for a landscape agreement under Article 20 (2) of the Act and Article 12 (1) of the Decree shall be made in attached Form 3.

Article 19 (Successors to Landscape Agreement) A person who intends to succeed to the status of a signatory of a landscape agreement under Article 16 of the Decree (hereinafter referred to as "agreement signatory") shall report the following matters to the Mayor in attached Form 4:
1. Details of succession to the status of the agreement signatory;
2. Relevant documents evidencing the transfer or creation of rights by the agreement signatory;
3. A letter of consent of the owner of the land or building.

Article 20 (Technical Assistance for Landscape Agreement) (1) When the Mayor renders financial assistance under Article 25 (1) of the Act, he/she may present guidelines for a landscape agreement or may recommend the adjustment of the scope and details of the landscape agreement.
(2) If the Mayor deems it necessary for the head of a public institution to become an agreement signatory, he/she may help the head of the public institution become an agreement signatory.

Article 21 (Financial Assistance for Landscape Agreement) (1) Pursuant to Article 25 (1) of the Act, the Mayor may fully or partially subsidize the following costs and expenses incurred in a landscape agreement or may lend loans for such costs and expenses:
1. The costs of projects implemented under a landscape agreement pursuant to Article 19 (4) of the Act;
2. Expenses necessary for the operation of the steering committee for a landscape agreement;
3. Expenses of survey, designing, and research for formulating a project plan;
4. Expenses of maintenance, management, and public relations activities, incidental to a landscape agreement;
5. Other project costs that the Mayor recognizes as those incurred in performing a landscape agreement.
(2) Further details about the financial assistance under paragraph (1) shall be determined by the Mayor.
(3) If the Mayor deems it necessary to concurrently implement landscaping projects in order to increase the effects of projects under a landscape agreement, he/she may formulate and implement a landscaping project for the public sector.

Article 22 (Project Plans Eligible for Assistance in Landscape Agreement) (1) "Matters specified by Municipal Ordinance of each local government" in subparagraph 5 of Article 17 of the Decree means the following matters:1. The project name;
2. Connectedness with the relevant landscape agreement;
3. The grounds for calculating the project cost;
4. A plan for financing the project cost;
5. A plan for execution of the project cost and for repayment of the subsidy or loan for the project cost;
6. A plan for maintenance and management;
7. Drawings and documents related to the project plan.
(2) Guidelines for the formulation of a landscape agreement under paragraph 1 (7) hereof and Article 17 of the Decree and matters necessary for the submission, etc. of a landscape agreement shall be determined by the Mayor.

CHAPTER V DELIBERATION ON LANDSCAPING IN INFRASTRUCTURE PROJECTS, ETC. Article 23 (Infrastructure Projects subject to Deliberation on Landscaping and Scale of such Projects) "Facilities specified by Municipal Ordinance of each local government" in Article 26 (1) 5 of the Act means the following facilities:
1. A road under the Road Act, where the total project cost of the road is not less than ten billion won;
2. An urban railroad facility under the Urban Railroad Act, where the total project cost of the facility is not less than ten billion won;
3. A river facility under the River Act, where the total project cost of the facility is not less than five billion won;
4. A facility under the Act on Public-Private Partnerships in Infrastructure, where the project for the facility falls within any category specified in the Table attached hereto.

Article 24 (Buildings subject to Deliberation on Landscaping) (1) The buildings subject to deliberation by the Landscape Committee under Article 28 of the Act are as follows:
1. A building built on a landscaping zone, where its height is more than three floors or 12 meter and its building-to-land ratio exceeds 30%;
2. A building in a high-priority landscaping control zone, which is specified as a building subject to deliberation on landscaping in the landscape plan for the management of a high-priority landscaping control zone under Article 9 (1) 4 of the Act;
3. A building subject to permission (consultation) under Article 11 of the Building Act, which is built by a public institution defined by the Act on the Management of Public Institutions or by a local public enterprise defined by the Local Public Enterprises Act;
4. A building that does not fall within the category specified in any provision of subparagraphs 1 through 3 but fall under Article 5-5 (1) 4 (a) or (b) of the Enforcement Decree of the Building Act.
(2) The building committee in each local government, as referred to in subparagraph 2 (a) of Article 22 of the Decree, shall be operated in either of the following manners:
1. A building referred to in paragraph (1) 1, 2, or 4 shall be subject to deliberation by the building committee of the Metropolitan Government or of the relevant Gu, and Article 7 (Functions, Procedures, etc.) of the Seoul Metropolitan Government Ordinance on Building shall apply mutatis mutandis to such cases:
2. A building referred to in paragraph (1) 3 shall be subject to deliberation by the building committee of the Metropolitan Government, if the total project cost is not less than 500 million won, but such building shall be subject to deliberation by the building committee of the relevant Gu, if the total project cost is less than 500 million won.

CHAPTER VI LANDSCAPE COMMITTEE Article 25 (Committees Related to Landscaping) (1) "Committees specified by Municipal Ordinance of each local government" in subparagraph 2 (g) of the Decree means the following committees:
1. The Joint Urban Planning and Building Committee established within the Seoul Metropolitan Government pursuant to Article 30 (3) of the National Land Planning and Utilization Act and Article 25 (2) of the Enforcement Decree of said Act;
2. The Urban Renewal Committee under Article 21 of the Seoul Metropolitan Government Ordinance on the Promotion of Urban Renewal;
3. The Seoul Citizen Design Committee under Article 7 of the Seoul Metropolitan Government Ordinance on Urban Design;
(2) The committees related to landscaping under subparagraph 2 of Articles 22 and 25 (1) of the Decree shall perform functions as a landscape committee under Article 30 of the Act as follows;
1. The Joint Urban Planning and Building Committee: The functions under Article 30 (1) 1 through 4, and 8 and Article 30 (2) of the Act;
2. The Seoul Citizen Design Committee: The functions under Article 30 (1) 5 of the Act;
3. The Urban Planning Committee: The matters specified in Article 113 of the National Land Planning and Utilization Act with respect to the development projects under Article 30 (1) 6 of the Act;
4. The Urban Renewal Committee: The matters specified in Article 34 of the Special Act on the Promotion of Urban Renewal with respect to the development projects under Article 30 (1) 6 of the Act;
5. The Building Committee: The functions under Article 30 (1) 7 of the Act.
(3) The committees designated by the Mayor, from among the committees related to landscaping, may have expert members who shall assist the committees in carrying out their tasks.
(4) The expert members under paragraph (3) shall carry out the following tasks:
1. Review, consulting, planning, survey, and research on landscape plans, etc.;
2. Preliminary examination of the projects subject to deliberation on landscaping;
3. Assistance in carrying out tasks as requested by "a committee related to landscaping" under Article 25;
4. Survey and research on other matters as requested by the Mayor.

Article 26 (Organization and Operation of Joint Committee) (1) "Matters specified by Municipal Ordinance of each local government" in Article 23 (5) of the Decree, among the matters necessary for the operation of the joint committee, means the following rules:
1. The chairperson of the joint committee shall administer all business affairs of the joint committee, convene meetings of the joint committee, and preside over the meetings;
2. If the chairperson is unable to perform his/her duties due to an unavoidable cause or event, the vice-chairperson shall act on behalf of the chairperson, but the committee member designated by the chairperson in advance shall act on behalf of the chairperson, if both the chairperson and the vice-chairperson are unable to perform their duties due to an unavoidable cause or event;
3. The joint committee may have an executive secretary. In such cases, the head of the division in charge of the operation of the joint committee shall serve as executive secretary;
4. If the joint committee deems it necessary, it may require the person who has the authority to formulate a landscape plan, the contractor of a landscaping project, an agreement signatory, the contractor of a project subject to deliberation on landscaping, or the head of a related institution to submit necessary data or may summon any of them to attend a meeting of the joint committee and may hear explanations about matters related to deliberation and advisory opinions from persons who have abundant knowledge about such matters;
5. The person who has the authority to formulate a landscape plan, the contractor of a landscaping project, an agreement signatory, the contract of a project subject to deliberation on landscaping, or the head of a related institution may attend a meeting of the joint committee, with prior approval of the committee chairperson, and may express his/her opinions on deliberation by the joint committee and advisory opinions.
(2) The chairperson may convene a meeting of the joint committee, whenever he/she deems it necessary.
(3) Except as otherwise prescribed by this Ordinance, matters necessary for the operation of the joint committee shall be determined by the Mayor.

Article 27 (Allowances, etc.) Commissioned committee members and related experts who attend a meeting of the Landscape Committee or the Joint Committee shall be reimbursed for actual expenses, including allowances and travel expenses, withing budget limits: Provided, That the foregoing shall not apply to public officials who attend a meeting in direct connection with their duties.

Article 28 (Subject Matters of Deliberation by Landscape Committee) "Matters specified by Municipal Ordinance of each local government" in subparagraph 3 of Article 24 of the Decree means the following matters:
1. Matters that shall be subjected to deliberation by the Landscape Committee, among matters stipulated in a landscape plan formulated under Article 6 of the Act;
2. Matters that shall be subjected to deliberation by the Landscape Committee at the time of approval of the relevant landscaping project or authorization of the relevant landscape agreement;
3. Matters that shall be subjected to deliberation by the Landscape Committee under any other municipal ordinance;
4. Other matters on which the Mayor requests deliberation with regard to the conservation, management, and formation of landscapes.

Article 29 (Matters on which Advice by Landscape Committee shall be Sought) "Matters specified by Municipal Ordinance of each local government" in Article 30 (2) 4 of the Act means the following matters:
1. Matters concerning amendment of the Ordinance on Landscape;
2. Matters on which advice by the Landscape Committee shall be sought at the time of approval of the relevant landscaping project or authorization of the relevant landscape agreement;
3. Matters on which the head of the relevant local government seeks advice with regard to a project implemented to form a landscape, because he/she deems it necessary;
4. Matters on which advice by the Landscape Committee shall be sought under any other municipal ordinance;
5. Other matters that the Mayor deems it necessary for the conservation, management, and formation of landscapes.

Article 30 (Operation, etc. of Landscape Committee) (1) "Matters specified by Municipal Ordinance of each local government" in Article 26 (9) of the Decree means the following rules:
1. If a committee member manifests his/her intention to resign or does not participate in deliberation or in rendering advice without valid cause or if it is inevitable for the operation of the Committee, the Mayor may dismiss a committee member from office even before the expiration of his/her term of office;
2. In principle, meetings of the Landscape Committee shall be open to the public, but the chairperson may determine to hold a closed meeting, if he/she finds it necessary;
3. Deliberation and resolution done by a subcommittee on the matters assigned by the Landscape Committee for efficient operation of the Landscape Committee shall be deemed deliberation and resolution done by the Landscape Committee. In such cases, the executive secretary shall report the matters on which the subcommittee deliberates and resolves to the Landscape Committee at the next session.

ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Rule)
The former Seoul Metropolitan Government Enforcement Rule of the Ordinance on Landscape is hereby repealed simultaneously at the time this Ordinance enters into force.