Landscape Act

Link to law: http://www.japaneselawtranslation.go.jp/law/detail_download/?ff=08&id=2197
Published: 2011

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Landscape Act (Tentative translation)

INDEX

Chapter I General Provisions (Articles 1 to 7)

Chapter II Landscape Plan and Measures Taken Thereunder

Section 1 Formulation etc. of Landscape Plans (Articles 8 to 15)

Section 2 Regulation of Acts, etc. (Articles 16 to 18)

Section 3 Structures of Landscape Importance, etc.

Subsection 1 Designation of Structures of Landscape Importance, etc. (Articles 19 to 27)

Subsection 2 Designation of Trees of Landscape Importance, etc. (Articles 28 to 35)

Subsection 3 Management Agreement (Articles 36 to 42)

Subsection 4 Miscellaneous Provisions (Articles 43 to 46)

Section 4 Development of Public Facilities of Landscape Importance, etc. (Articles 47 to 54)

Section 5 Landscape-oriented Agricultural Promotion Area Establishment Plan, etc. (Articles 55 to 59)

Section 6 Special Provisions on the Natural Parks Act (Article 60)

Chapter III Landscape Districts, etc.

Section 1 Landscape Districts

Subsection 1 City Plan for Landscape District (Article 61)

Subsection 2 Restrictions on Design Features of Buildings (Articles 62 to 71)

Subsection 3 Restrictions on Structures, etc. (Articles 72 to 73)

Section 2 Quasi-landscape Districts (Article 74 and 75)

Section 3 Restrictions on Design Features of Buildings, etc., in Areas Covered by District Plans, etc. (Article 76)

Section 4 Miscellaneous Provisions (Articles 77 to 80)

Chapter IV Landscape Agreement (Articles 81 to 91)

Chapter V Landscape Management Corporation (Articles 92 to 96)

Chapter VI Miscellaneous Provisions (Articles 97 to 100)

Chapter VII Penal Provisions (Articles 101 to 108)

Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1 The purpose of this Act is to build a beautiful, dignified national land; create an attractive and comfortable living environment; and realize vibrant communities with distinct personalities by implementing comprehensive measures to develop good urban and rural landscapes, such as the formulation of landscape plans, in order to improve the quality of life of the people of Japan and contribute to the growth of the national economy and the sound development of society.

(Basic Philosophy)

Article 2 (1) In view of the fact that good landscapes are essential for the development of a beautiful, dignified national land and the creation of an attractive and comfortable living environment, every effort shall be made to create and conserve good landscapes so that the present and future generations of people can enjoy the benefits of landscapes as common properties of the people of Japan.

(2) In view of the fact that a good landscape of an area is produced by harmony between nature, history, and culture of the area and people's lifestyles and economic and other activities, efforts shall be made to create and conserve good landscapes by promoting land uses that help achieve such harmony under proper restraints.

(3) In view of the fact that a good landscape of an area is closely related to the peculiar characteristics of the area, efforts shall be made to develop diverse landscapes so that the personality and characteristics of each area are enhanced, taking into consideration the opinions of the local residents.

(4) In view of the fact that good landscapes play a significant role in promoting tourism and other interregional exchange, concerted efforts shall be made by local governments, local businesses, and local residents to enhance regional vitality.

(5) Efforts to develop good landscapes shall be made with the aim not only of conserving existing good landscapes but also of creating good landscapes.

(Responsibilities of the National Government)

Article 3 (1) The national government shall be responsible for formulating and implementing comprehensive measures to develop good landscapes in accordance with the basic philosophy prescribed in the foregoing article (hereinafter referred to as the "Basic Philosophy").

(2) The national government shall endeavor to help people gain a deeper understanding of the Basic Philosophy through measures, such as the enlightenment and dissemination of knowledge concerning the development of good landscapes.

(Responsibilities of Local Governments)

Article 4 Local governments shall be responsible for the formulation and implementation of measures that are suitable for various natural and social conditions of the area concerned in order to promote the development of good landscapes in accordance with the Basic Philosophy taking into consideration the respective duties of the national and local governments.

(Responsibilities of Businesses)

Article 5 Businesses shall endeavor to develop good landscapes in their land use and other business activities in accordance with the Basic Philosophy and cooperate with the national and local governments in connection with the measures to develop good landscapes taken by the national and local governments.

(Responsibilities of Local Residents)

Article 6 Local residents shall not only endeavor to gain a deeper understanding of the development of good landscapes and take an active part in developing good landscapes in accordance with the Basic Philosophy, but also cooperate with the national and local governments in connection with the measures to develop good landscapes taken by the national and local governments.

(Definitions)

Article 7 (1) The term "Landscape Administrative Organization" as used in this Act shall mean an Ordinance-Designated City in the case of an area designated as an Ordinance-Designated City under Article 252-19, paragraph (1), of the Local Autonomy Act (Act No. 67 of 1947) (hereinafter in this paragraph referred to as an "Ordinance-Designated City"), a Core City in the case of an area designated as a Core City under Article 252-22, paragraph (1), of the said Act (hereinafter in this paragraph and Article 98, paragraph (1), referred to as a "Core City") or a prefecture in the case of an area other than the areas mentioned above; provided, however, that the said term refers to a municipality in the case of an area of a municipality other than an Ordinance-Designated City or Core City executing any of the duties prescribed in Section 1 to Section 4 of Chapter II, Chapter IV, and Chapter V of this Act pursuant to the provisions of Article 98, paragraph (1), (referred to as "Landscape Administration Duties" in the said article).

(2) The term "Building" as used in this Act shall mean a Building as prescribed in Article 2 (i) of the Building Standards Act (Act No. 201 of 1950).

(3) The term "Outdoor Advertisement" as used in this Act shall mean an Outdoor Advertisement as prescribed in Article 2, paragraph (1), of the Outdoor Advertisement Act (Act No. 189 of 1949).

(4) The term "Public Facility" as used in this Act shall mean a road, river, park, plaza, coast, port, fishing port, or other public-use facility specified by Cabinet Order.

(5) The term "National Park" as used in this Act shall mean a National Park as prescribed in Article 2 (ii) of the Natural Parks Act (Act No. 161 of 1957), and the term "Quasi-Natural Park" shall mean a Quasi-Natural Park prescribed in Article 2 (iii) of the said Act.

(6) The term "City Planning Area" as used in this Act shall mean a City Planning Area as prescribed in Article 4, paragraph (2), of the City Planning Act (Act No. 100 of 1968), and the term "Quasi-City Planning Area" shall mean a Quasi-City Planning Area as prescribed in the same paragraph of the said Act.

Chapter II Landscape Plan and Measures Taken thereunder

Section 1 Formulation etc. of Landscape Plans

(Landscape Plan)

Article 8 (1) A Landscape Administrative Organization may formulate a plan for the development of a good landscape (hereinafter referred to as a "Landscape Plan") for an area of land (including water surfaces; the same shall apply to the rest of this paragraph, Article 11, and Article 14 paragraph (2)) that falls under any of the categories listed below in an urban area or settlement, such as a city or rural villages, and an area that integrally forms a landscape together with the said area:

(i) an area of land where it is found that an existing good landscape needs to be conserved;

(ii) an area of land where it is found, judging from the standpoint of the nature, history, culture, etc., of the area, that a landscape suitable for the characteristics of the area needs to be developed;

(iii) an area of land being a center of interregional exchange where it is found that a landscape contributory to the promotion of such exchange needs to be developed;

(iv) an area of land where a project for the development of urban residential land or the construction or improvement of a Building or its site has been or was carried out, and it is found that a new good landscape needs to be created; or

(v) an area of land where an undesirable landscape is likely to be produced, judging from matters such as the trend of local land use.

(2) A Landscape Plan shall specify the following:

(i) the area covered by the Landscape Plan (hereinafter referred to as the "Landscape Planning Area");

(ii) matters related to the restrictions on acts for the development of good landscapes;

(iii) a policy for designating structures of landscape importance under Article 19, paragraph (1), and trees of landscape importance under Article 28, paragraph (1) (only in cases where structures or trees eligible for such designations are located in the Landscape Planning Area concerned);

(iv) any of the following items that is necessary for the development of a good landscape:

(a) matters concerning the restriction of acts related to the display of Outdoor Advertisements or the installation of objects for display of Outdoor Advertisements;

(b) matters related to the development of a road under the Road Act (Act No. 180 of 1952), river under the River Act (Act No. 167 of 1964), urban park under the Urban Parks Act (Act No. 79 of 1956), Tsunami Defense Facility under the Act on Regional Development for Tsunami Disaster Prevention (Act No. 123 of 2011), coast related to a coastal conservation area, etc. (a coastal conservation area, etc., as defined in Article 2, paragraph (3), of the Coast Act (Act No. 101 of 1956); the same shall apply hereinafter), port under the Port and Harbor Act (Act No. 218 of 1950), fishing port under the Act on Development of Fishing Posts and Grounds (Act No. 137 of 1950), facility related to a park project under the Natural Parks Act (limited to a project implemented by the national government or a public body prescribed in Article 10, paragraph (2), of the said Act) or any other Public Facility specified by Cabinet Order (hereinafter referred to as a "Specified Public Facility") that is important for the development of a good landscape (hereinafter referred to as a "Public Facility of Landscape Importance");

(c) any of the following criteria for a Public Facility of Landscape Importance that is necessary for the development of a good landscape:

1. permitting criteria under paragraph (1) or (3) of Article 32 of the Road Act;

2. permitting criteria under Article 24, Article 25, Article 26 paragraph (1), or Article 27, paragraph (1), of the River Act (including the cases where these provisions are applied mutatis mutandis under Article 100, paragraph (1), of the said Act);

3. permitting criteria under Article 5, paragraph (1), of the Urban Parks Act or paragraph (1) or (3) of Article 6 of the said Act;

4. permitting criteria under Article 22, paragraph (1), or Article 23, paragraph (1), of the Act on Regional Development of Tsunami Disaster Prevention;

5. permitting criteria under Article 7, paragraph (1); Article 8, paragraph (1); Article 37-4; or Article 37-5 of the Coast Act;

6. permitting criteria under Article 37, paragraph (1), of the Port and Harbor Act; or

7. permitting criteria under Article 39, paragraph (1), of the Act on Development of Fishing Posts and Grounds;

(d) basic matters related to the formulation of a landscape-oriented agricultural promotion area establishment plan under Article 55, paragraph (1); or

(e) permitting criteria (limited to those relating to the acts specified by Cabinet Order) under Article 20, paragraph (3); Article 21, paragraph (3); or Article 22, paragraph (3), of the Natural Parks Act that are necessary for the development of a good landscape (limited to cases where the Landscape Planning Area concerned includes a National or Quasi-National Park area);

(3) In addition to matters listed in each item of the preceding paragraph, a Landscape Administrative Organization shall endeavor to formulate policies concerning the development of good landscape in the Landscape Planning Area concerned.

(4) Concerning the matters related to restrictions on acts referred to in paragraph (2), item (ii), the following shall be specified in accordance with criteria prescribed by Cabinet Order:

(i) if an act requiring a notification as stipulated in Article 16, paragraph (1), item (iv), needs to be specified in accordance with the ordinance referred to in the said item , the act to be specified under the said ordinance;

(ii) any of the following restrictions that is necessary as criteria for regulation or measures under the provisions of paragraph (3) or (6) of Article 16 or Article 17, paragraph (1):

(a) restrictions on the shape, color or other design features (hereinafter referred to as "Design Features") of a Building or structure (a structure that is not a Building; the same shall apply hereinafter);

(b) the maximum or minimum height limit of a Building or structure;

(c) restrictions on a wall location or the minimum site area of a Building; or

(d) any other restrictions for the development of a good landscape concerning each act requiring a notification set forth in Article 16, paragraph (1).

(5) A Landscape Plan shall be consistent with all plans formulated pursuant to the laws related to national land plans or regional plans including but not limited to the National Spatial Plan, National Central Region Development Plan, Kinki Region Development Plan, Chubu Region Development Plan, Hokkaido Comprehensive Development Plan, Okinawa Promotion Plan, and all national plans for facilities, such as roads, rivers, railways, ports, and airports, etc.

(6) Every Landscape Plan shall be consistent with the Basic Environment Plan (including the pollution prevention plan for the Landscape Planning Area concerned if such plan has been formulated) prescribed in Article 15, paragraph (1), of the Environment Basic Act (Act No. 91 of 1993).

(7) A Landscape Plan formulated for a City Planning Area shall comply with the policy for the improvement, development, and conservation of the City Planning Area as prescribed in Article 6-2, paragraph (1), of the City Planning Act.

(8) A Landscape Plan formulated by a municipality acting as a Landscape Administrative Organization shall conform to a basic scheme for construction of the said municipality stipulated through a resolution of the assembly thereof. Every Landscape Plan formulated for a City Planning Area or a Quasi-City Planning Area shall conform to a basic policy related to a city plan of the municipality concerned as prescribed in Article 18-2, paragraph (1), of the City Planning Act.

(9) Matters listed in paragraph (2), item (iv), (b) and (c) to be specified in a Landscape Plan shall, in accordance with the type of public facilities of landscape importance concerned, conform to a policy or plan for the development or management of public facilities prescribed by Cabinet Order.

(10) In every Landscape Plan that specifies the matters listed in paragraph (2), item (iv), (d), the matters listed in item (i) and item (iv), (d) of the said paragraph and the matters set forth in item (iii) of the said paragraph shall conform to the basic policy for agricultural promotion area establishment as prescribed in Article 4, paragraph (1), of the Act concerning the Establishment of Agricultural Promotion Areas (Act No. 58 of 1969). Every Landscape Plan formulated by a municipality acting as a Landscape Administrative Organization shall conform to the agricultural promotion area establishment plan (an agricultural promotion area establishment plan formulated pursuant to the provisions of Article 8, paragraph (1), of the said Act; the same shall apply hereinafter).

(11) The matters listed in paragraph (2), item (iv), (e) to be specified in a Landscape Plan shall conform to the park plan as prescribed in Article 2, item (v), of the Natural Parks Act.

(Formulation Procedures)

Article 9 (1) When a Landscape Administrative Organization intends to formulate a Landscape Plan, the said Landscape Administrative Organization shall in advance take measures necessary for reflecting the opinions of local residents, such as holding of a public hearing.

(2) When a Landscape Administrative Organization intends to formulate a Landscape Plan, the said Landscape Administrative Organization shall in advance hear the opinion of the prefectural city planning council concerned (or the municipal city planning council concerned, if any) with respect to the part of the plan related to a City Planning Area or Quasi-City Planning Area.

(3) When a prefecture acting as a Landscape Administrative Organization intends to formulate a Landscape Plan, the said prefecture shall in advance hear the opinion of the municipality concerned.

(4) When a Landscape Administrative Organization intends to determine any of the matters listed in paragraph (2), item (iv), (b) and (c), of the preceding article in a Landscape Plan, the said Landscape Administrative Organization shall in advance consult with and obtain the consent of the manager (excluding Landscape Administrative Organizations) of the Public Facility of Landscape Importance concerned pursuant to the provisions of the relevant Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism, the Ministry of Agriculture, Forestry and Fisheries, or the Ministry of the Environment.

(5) When a Landscape Administrative Organization intends to determine any of the matters listed in paragraph (2), item (v), (e), of the preceding article as part of a Landscape Plan, the said Landscape Administrative Organization shall in advance consult with and obtain the consent of the manager of the National Park or Quasi-National Park concerned (the Minister of the Environment in the case of a National Park and the prefectural governor concerned in the case of a Quasi-National Park; the same shall apply hereinafter) with respect to the said matter.

(6) When a Landscape Administrative Organization has formulated a Landscape Plan, the said Landscape Administrative Organization shall give a public notice to that effect and make the plan available for public inspection at the office of the said Landscape Administrative Organization pursuant to the provisions of the relevant Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism, the Ministry of Agriculture, Forestry and Fisheries, or the Ministry of the Environment.

(7) The provisions of each of the preceding paragraphs shall not preclude the Landscape Administrative Organization from laying down necessary provisions in an ordinance concerning the matters with respect to the procedures for formulating a Landscape Plan (limited to those not violating the provisions of each of the preceding paragraphs).

(8) The provisions of the preceding paragraphs shall apply mutatis mutandis to any change in a Landscape Plan.

(Request by Managers of Specified Public Facilities)

Article 10 (1) The manager of a Specified Public Facility may request a Landscape Administrative Organization that has formulated or intends to formulate a Landscape Plan to deem the said Specified Public Facility as a Public Facility of Landscape Importance and specify in the said Landscape Plan matters listed in Article 8, paragraph (2), item (iv), (b) or (c), if the said Specified Public Facility is located in the Landscape Planning Area (or an area that is to become a Landscape Planning Area under the Landscape Plan that the Landscape Administrative Organization intends to formulate) for the said Landscape Plan. In this case, the manager of such specified Public Facility shall attach to the request a draft of the part of the Landscape Plan related to the said request.

(2) The manager of a Public Facility of Landscape Importance specified in a Landscape Plan may request the Landscape Administrative Organization concerned to make an addition or change of the matters listed in Article 8, paragraph (2), item (iv), (b) or (c), in the said Landscape Plan. In this case, the provisions of the second sentence of the preceding paragraph shall apply mutatis mutandis.

(3) If a request prescribed in either of the preceding two paragraphs has been made, the Landscape Administrative Organization concerned shall pay respect to the said request.

(Proposal by Local Residents, etc.)

Article 11 (1) A person who holds a right of ownership or a perfected right of superficies or land lease right for the purpose of possession of a building (excluding any right that has obviously been established for temporary use such as a right for use of temporary facilities; hereinafter referred as a "Land Lease Right") to a group of land areas as prescribed in Article 8, paragraph (1), of a size not smaller than the size specified by Cabinet Order that are suitable for an integrated development of a good landscape (hereinafter in this Article referred to as a "Landowner") may singly or jointly with others propose the formulation or alteration of a Landscape Plan to the Landscape Administrative Organization concerned. In this case, the Landowner submitting such proposal shall attach a draft Landscape Plan to the proposal.

(2) A specified nonprofit corporation as defined in Article 2, paragraph (2), of the Act to Promote Specified Non-profit Activities (Act No. 7 of 1998), a general incorporated association, or general incorporated foundation established for the purpose of carrying out activities to promote community building efforts, or organization prescribed as equivalent of the foregoing by ordinance of a Landscape Administrative Organization may propose to the Landscape Administrative Organization concerned the formulation or alteration of a Landscape Plan for the land areas referred to in the preceding paragraph. In this case, the provisions of the second sentence of the preceding paragraph shall apply mutatis mutandis.

(3) Any proposal prescribed in the preceding two paragraphs (hereinafter referred to as a "Planning Proposal") shall be made as prescribed by an Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism, the Ministry of Agriculture, Forestry and Fisheries or the Ministry of the Environment if the consent of two-thirds or more (limited to cases where the total parcel area owned by the consented persons and the total parcel area over which the consented persons hold Land Lease Rights add up to two-thirds or more of the total of parcel areas owned by the Landowners and parcel areas subject to Land Lease Rights within the areas concerned) of the Landowners in the areas of land covered by the draft Landscape Plan (excluding any land owned by the national government or a local government that is used for a Public Facility; the same shall apply hereinafter in this paragraph) has been obtained.

(Judgment of Landscape Administrative Organizations on Planning Proposal, etc.)

Article 12 When a Planning Proposal has been made to a Landscape Administrative Organization, the said Landscape Administrative Organization shall without delay judge whether or not a Landscape Plan needs to be formulated or altered in view of the said Planning Proposal and, if the Landscape Administrative Organization finds it necessary to formulate or alter a Landscape Plan as proposed, draw a draft for such plan or alteration thereof.

(Submission of Draft Plan based on Planning Proposal to Prefectural City Planning Council, etc.)

Article 13 When a Landscape Administrative Organization intends to formulate or alter a Landscape Plan taking a Planning Proposal into consideration pursuant to the provisions of the preceding article, if the formulation or alteration of the Landscape Plan turns out to be a realization of a part of a draft Landscape Plan based on the Planning Proposal, the said Landscape Administrative Organization shall submit the draft Landscape Plan based on the Planning Proposal to a Prefectural City Planning Council or a Municipal City Planning Council the opinion of which concerning the draft Landscape Plan is to be sought pursuant to Article 9, paragraph (2).

(Measures to be Taken when Formulation, etc., of Landscape Plan Based on Planning Proposal is Not Made)

Article 14 (1) When a Landscape Administrative Organization has judged pursuant to the provisions of Article 12 that the formulation or alteration of a Landscape Plan based on a Planning Proposal is not necessary, the said Landscape Administrative Organization shall without delay notify the person who made the said Planning Proposal of the judgment and the reason therefor.

(2) When a Landscape Administrative Organization intends to make a notification prescribed in the preceding paragraph concerning any land in a City Planning Area or Quasi-City Planning Area, the said Landscape Administrative Organization shall in advance submit a draft Landscape Plan based on the Planning Proposal concerned to a Prefectural City Planning Council (or a Municipal City Planning Council, if any, in the municipality acting as the Landscape Administrative Organization) and hear the opinion of the Council.

(Landscape Council)

Article 15 (1) A Landscape Administrative Organization, the manager of a Public Facility of Landscape Importance specified in a Landscape Plan, and a Landscape Management Corporation designated pursuant to the provisions of Article 92, paragraph (1), (a municipality concerned if the Landscape Administrative Organization concerned is a prefecture or the manager of a National Park, etc., if any area of National Park or Quasi-National Park is included in the Landscape Planning Area concerned; hereinafter in this paragraph referred to as "Landscape Administrative Organizations, etc.") may jointly form a landscape committee (hereinafter in this Article referred to as the "Committee") in order to hold consultations necessary for the development of a good landscape in a Landscape Planning Area. In this case, if the Landscape Administrative Organizations, etc., find it necessary, they may include as Committee members relevant administrative organs or tourism-related organizations, organizations related to commerce and industry, organizations related to agriculture, forestry and fishery, business operators providing public utilities such as electricity, telecommunication, railway services, local residents, and any other person or persons who are engaged in activities to promote the development of a good landscape.

(2) If the Committee finds it necessary, it may seek cooperation including, but not limited to, statements of opinions and explanations from any relevant administrative organ or business operator other than a Committee member.

(3) A Committee member shall respect the matters agreed at a Committee meeting that is held for the purpose of consultation prescribed in the first sentence of paragraph (1).

(4) All matters necessary for the operation of the Committee other than those prescribed in the preceding three paragraphs shall be determined by the Committee.

Section 2: Regulation of Acts, etc.

(Notification and Recommendation, etc.)

Article 16 (1) Any person who intends to conduct any of the following acts in a Landscape Planning Area shall, pursuant to the relevant Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism (or, the relevant Ordinance of a Landscape Administrative Organization in the case of any of the acts listed in item (iv); the same shall apply hereinafter in this Article), notify the head of the Landscape Administrative Organization concerned in advance of the type, place, design, construction method, and scheduled date of commencement of the act, as well as other matters specified by Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism.

(i) A construction, extension, reconstruction, or relocation of a Building, or a repair, remodeling that alters the appearance of a Building, or a color change (hereinafter referred to as "Building, etc.")

(ii) A construction, extension reconstruction or relocation of a structure, repair or remodeling that alters the appearance of a structure, or a color change (hereinafter referred to as "Construction, etc.")

(iii) An act of development prescribed in Article 4, paragraph (12), of the City Planning Act and any other act specified by Cabinet Order

(iv) Any act other than those listed in the preceding three items that is specified by Ordinance of a Landscape Administrative Organization in accordance with the relevant Landscape Plan as an act that may adversely affect the development of a good landscape.

(2) If a person who has made a notification prescribed in the preceding paragraph intends to make any change in any of the matters specified by Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism, the said person shall in advance give notification to that effect to the head of the Landscape Administrative Organization concerned.

(3) In cases where any notification pursuant to the preceding two paragraphs has been made, if the head of the Landscape Administrative Organization concerned finds that the notified act does not comply with any of the restrictions on the said act specified in the Landscape Plan, the head of the Landscape Administrative Organization may recommend to the person who made such notification that the said person to take necessary measures including but not limited to design changes in connection with the said act.

(4) The recommendation as prescribed in the preceding paragraph shall be made within thirty days from the date of notification pursuant to the provisions of paragraph (1) or (2).

5. Notwithstanding the provisions of the preceding paragraphs, a notification prescribed in paragraph (1) shall not be required for any act that is committed by a national organ or local government. In this case, however, the said national organ or local government intending to commit an act that requires a notification pursuant to the said paragraph shall, in advance, inform the head of the Landscape Administrative Organization concerned to that effect. 5. Notwithstanding the provisions of the preceding paragraphs, a notification prescribed in paragraph (1) shall not be required for any act that is committed by a national organ or local government. In this case, however, the said national organ or local government intending to commit an act that requires a notification pursuant to the said paragraph shall, in advance, inform the head of the Landscape Administrative Organization concerned to that effect.

(6) If the head of a Landscape Administrative Organization, upon being informed as prescribed in the second sentence of the preceding paragraph, finds it necessary for the development of a good landscape, the head of the Landscape Administrative Organization may seek a consultation with the national organ or local government concerned to the extent necessary for the discussion of measures to be taken in order to make the planned act comply with the restrictions specified in the Landscape Plan.

(7) The provisions of the preceding paragraphs shall not apply to the following acts:

(i) An ordinary act of management, minor act, or any other act specified by Cabinet Order;

(ii) An act that is carried out as a necessary emergency measure in the event of an extraordinary disaster;

(iii) An act carried out in relation to a structure of landscape importance upon obtaining permission pursuant to Article 22, paragraph (1);

(iv) An act carried out for the development of a Public Facility of Landscape Importance with respect to which matters listed in paragraph (2), item (iv), (b), of Article 8 have been set forth in a Landscape Plan;

(v) An act in connection with a Public Facility of Landscape Importance that is carried out upon obtaining a permission (limited to a permission with respect to which criteria therefor are set forth in a Landscape Plan) pursuant to paragraph (2), item (iv), (c), 1 through 7 of Article 8;

(vi) An Act of development prescribed in Article 15-2, paragraph (1), of the Act concerning the Establishment of Agricultural Promotion Areas that is carried out in an agricultural land area (an agricultural land area as prescribed in Article 8, paragraph (2), item (i), of the said Act) in an area referred to in paragraph (2), item (i), of Article 55 upon obtaining a permission prescribed in the same paragraph;

(vii) An act that is committed in an area of National Park or Quasi-National Park upon obtaining a permission (limited to a permission with respect to which criteria therefor are set forth in a Landscape Plan) as prescribed in paragraph (2), item (iv), (e), of Article 8;

(viii) A Building, etc., of a Building in a landscape district as prescribed in Article 61, paragraph (1), (referred to as a "Landscape District" in the following item);

(ix) A Construction, etc. of a structure in a Landscape District in cases where restrictions are imposed under an Ordinance concerning Restrictions on Structures in Landscape Districts prescribed in Article 72, paragraph (2), with respect to all items of restrictions on the Construction etc. of structures specified in a Landscape Plan,

(x) An alteration to the shape and quality of land zoning; construction, reconstruction, or extension of a Building; or any other act specified by Cabinet Order carried out in an area of a district plan, etc. (a district plan, etc., as prescribed in Article 4, paragraph (9), of the City Planning Act; the same shall apply hereinafter) that is an area of district development plan (a district development plan as prescribed in Article 12-5, paragraph (2), item (i), of the said Act; the same shall apply in Article 76, paragraph (1)); a specified building district improvement plan (a specified building district improvement plan as prescribed in Article 32, paragraph (2), item (i), of the Act Concerning the Promotion of Disaster Prevention Block Improvement in Concentrated Urban Areas (Act No. 49 of 1997; the same shall apply in Article 76, paragraph (1)); a disaster prevention block improvement zone plan (a disaster prevention block improvement zone plan as prescribed in Article 32, paragraph (2), item (ii), of the same Act; the same shall apply in Article 76, paragraph (1)); a historic scene maintenance enhancement district improvement plan (a historic scene maintenance enhancement district improvement plan as prescribed in Article 31, paragraph (2), item (i), of the Act concerning the Maintenance and Improvement of Historic Scenery (the Act No. 40 of 2008; the same shall apply in Article 76, paragraph (1)); a roadside development plan (a roadside development plan as prescribed in Article 9, paragraph (2), item (i), of the Act concerning the Improvement of the Areas along Trunk Roads (Act No. 34 of 1980); the same shall apply in Article 76, paragraph (1)); or a rural district improvement plan (a rural district improvement plan as prescribed in Article 5, paragraph (3), of the Rural Districts Improvement Act (Act No. 63 of 1987); the same shall apply in Article 76, paragraph (1)).

(xi) Any other act that is specified by Cabinet Order or ordinance of a Landscape Administrative Organization.

(Change Orders, etc.)

Article 17 (1) When the head of a Landscape Administrative Organization finds it necessary for the development of a good landscape, he or she may order a person who intends to carry out or has carried out any act specified to be notified (any act specified by ordinance of the Landscape Administrative Organization concerned out of those specified to be notified in paragraph (1), item (i) or (ii), of the preceding article; the same shall apply in paragraph (7) of this Article and paragraph (1) of the following Article) that does not comply with any of the restrictions on the Design Features of a Building or structure prescribed in a Landscape Plan to take necessary measures including but not limited to design changes in connection with the said act to the extent necessary in order to make the said act comply with the restrictions. In this case, the provisions of paragraph (3) of the preceding article shall not apply.

(2) The disposition prescribed in the preceding paragraph to a person who has made a notification prescribed in paragraph (1) or (2) of the preceding article may only be taken within thirty days from the day on which the said notification is made.

(3) If the Design Features of a Building or structure in relation to a notification pursuant to paragraph (1) or (2) of the preceding article or a part thereof is required as an obligation under the provisions of any other law or regulation stipulated by Cabinet Order, the disposition pursuant to paragraph (1) shall not interfere with the fulfillment of the said obligation.

(4) When a notification pursuant to paragraph (1) or (2) of the preceding article has been made, if it is necessary to conduct an on-site investigation or if there is a reasonable reason for being unable to take the measures prescribed in paragraph (1) within the period prescribed in paragraph (2), the head of the Landscape Administrative Organization concerned may extend the period prescribed in paragraph (2) to the extent not exceeding ninety days as long as the said reason exists. In this case, the head of the Landscape Administrative Organization shall, within the period prescribed in paragraph (2), notify the person who made notification as prescribed in paragraph (1) or (2) of the preceding article of the planned extension, the extension period, and the reason therefor.

(5) The head of a Landscape Administrative Organization may, to the extent necessary to make the Building or structure conform to the restrictions on its Design Features set forth in the Landscape Plan, order a person who has violated any disposition prescribed in paragraph (1) or a person who has succeeded the right to the Building or structure concerned from the person who has violated such disposition to restore the Building or structure to its original state by setting a reasonable period of time, or take necessary alternative measures if the restoration to the original sate is extremely difficult.

(6) In cases where the head of a Landscape Administrative Organization intends to order a restoration to the original state or take a necessary alternative measure pursuant to the provisions of the preceding paragraph (hereinafter referred to as "Restoration, etc." in this Article), if the person to be ordered to carry out the Restoration, etc., cannot be ascertained without negligence on the part of that person, the head of the Landscape Administrative Organization may carry out the Restoration, etc., or order or commission another party to carry out the Restoration, etc., at the expense of that person. In this case, the head of the Landscape Administrative Organization shall in advance give a public notice to the effect that the said Restoration, etc., must be carried out by that person within a specified reasonable period and that if the Restoration, etc., is not carried out by that person within the said period, the Restoration, etc., shall be made by the head of the Landscape Administrative Organization or a party ordered or commissioned by the head of the Landscape Administrative Organization.

(7) The head of a Landscape Administrative Organization may, to the extent necessary for the enforcement of the provisions of paragraph (1), either have the person who has been ordered to take necessary measures pursuant to paragraph (1) report the progress of the said measures and other necessary matters, or have an employee or employees of the Landscape Administrative Organization enter the site of the Building concerned or the plot of land on which the structure concerned is located, and inspect the progress of said the specified act to be notified or investigate the influence on landscapes caused by specified act to be notified.

(8) A person who intends to make a Restoration, etc., pursuant to the provisions of paragraph (6) and a person who conducts an on-site inspection or on-site investigation pursuant to the provisions of the preceding paragraph shall carry a certificate of identity and present the same at the request of the persons concerned.

(9) The authority for on-site inspection or on-site investigation under the provisions of paragraph (7) shall not be construed as the authority granted for the purposes of criminal investigation.

(Restriction on Commencement of Acts)

Article 18 (1) Any person who has made a notification pursuant to paragraph (1) or (2) of Article 16 shall not commence the notified act (excluding any act related to the pit excavation or other construction work specified by Cabinet Order; the same shall apply in Article 103, item (iv)) within thirty days (or, if the period prescribed in paragraph (2) of the said Article with respect to the specified act to be notified has been extended pursuant to the provisions of paragraph (4) of the same article, within that extended period) from the day on which the Landscape Administrative Organization received the said notification; provided, however, that this shall not apply to any specified act to be notified that is carried out under an order issued pursuant to paragraph (1) of the preceding article.

(2) If the head of a Landscape Administrative Organization finds that an act to be notified prescribed in paragraph (1) or (2) of Article 16 does not interfere with the development of a good landscape, he or she may shorten the period prescribed in the main clause of the preceding paragraph.

Section 3: Structures of Landscape Importance, etc.

Subsection 1: Designation of Structures of Landscape Importance, etc.

(Designation of Structures of Landscape Importance)

Article 19 (1) The head of a Landscape Administrative Organization may designate any structure (including land and other objects forming a single good landscape together with the structure; the same shall apply hereinafter in this section) that is important for the development of a good landscape in a Landscape Planning Area and satisfies the criteria specified by Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism as a structure of landscape importance in accordance with a policy for the designation of structures of landscape importance specified in a Landscape Plan (referred to in paragraph (3) of the following article as the "Designation Policy").

(2) When the head of a Landscape Administrative Organization intends to make a designation pursuant to the preceding paragraph, he or she shall in advance hear the opinion of the owner (or all of the owners if there are two or more owners; the same shall apply in paragraph (2) of the following article and paragraph (1) of Article 21) of the structure concerned.

(3) The provisions of paragraph (1) shall not apply to a structure that has been designated or provisionally designated as a National Treasure; an Important Cultural Property; a Special Historic Site, Special Place of Scenic Beauty or Special Natural Monument; or a Historic Site, Place of Scenic Beauty or Natural Monument under the provisions of the Act on the Protection of Cultural Properties (Act No. 214 of 1950).

(Proposal for Designation of Structures of Landscape Importance)

Article 20 (1) If the owner of a structure in a Landscape Planning Area finds that the said structure is important for the development of a good landscape and satisfies the criteria specified by Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism prescribed in paragraph (1) of the preceding article, the owner of the said structure may, pursuant to the relevant Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism, propose to the head of the Landscape Administrative Organization concerned that the said structure be designated as a structure of landscape importance. In this case, if the said structure is jointly owned with any owner or owners other than the owner who intends to propose the designation, the consent of that other owner or all of the other owners shall be obtained in advance.

(2) If a landscape management corporation designated pursuant to the provisions of Article 92, paragraph (1), (hereinafter in this Section and Section 5 referred to as a "Landscape Management Corporation") finds that a structure in a Landscape Planning Area is important for the development of a good landscape and satisfies the criteria specified by Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism prescribed in paragraph (1) of the preceding article, the Landscape Management Corporation may, upon obtaining the consent of the owner of the said structure, propose to the head of the Landscape Administrative Organization concerned that the said structure be designated as a structure of landscape importance.

(3) When the head of a Landscape Administrative Organization has, upon evaluating the structure concerning the proposal pursuant to the preceding two paragraphs against the Designation Policy and the criteria specified by an Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism, etc., set forth in paragraph (1) of the preceding article judged that the said structure does not need to be designated as a structure of landscape importance, the head of the Landscape Administrative Organization shall notify the proposer of that judgment and the reason therefor without delay.

(Notice of Designation, etc.)

Article 21 (1) When the head of a Landscape Administrative Organization has designated a structure of landscape importance pursuant to the provisions of Article 19 paragraph (1), he or she shall immediately notify the owner of the said structure of landscape importance (or, if the designation is based on a proposal made pursuant to the provisions of paragraph (2) of the preceding article, the owner of the structure of landscape importance and the Landscape Management Corporation concerned with the said proposal) of the designation and other matters specified by Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism.

(2) When a structure of landscape importance has been designated pursuant to the provisions of Article 19, paragraph (1), the head of the Landscape Administrative Organization concerned shall without delay install a sign indicating the designation as prescribed in the relevant ordinance or rule.

(Regulation on Changes to Current Conditions)

Article 22 (1) No person may extend, reconstruct, relocate, or remove any structure of landscape importance; repair or remodel such structure to the extent of changing its appearance; or change the color of such structure without obtaining a permission from the head of the Landscape Administrative Organization concerned; provided, however, that this provision shall not apply to ordinary acts of management, minor acts, or any other acts specified by Cabinet Order and acts carried out as necessary emergency measures in the event of extraordinary disasters.

(2) In cases where an application for permission prescribed in the preceding paragraph has been made, if the head of the Landscape Administrative Organization concerned finds that the act applied for interferes with the conservation of a good landscape containing the structure of landscape importance concerned, he or she shall not grant the permission prescribed in the said paragraph.

(3) In cases where an application for permission prescribed in paragraph (1) has been made, if the head of the Landscape Administrative Organization concerned finds it necessary for the conservation of a good landscape containing the structure of landscape importance concerned, he or she may attach conditions to the permission to be granted.

(4) Notwithstanding the provisions of paragraph (1), no permission pursuant to the said paragraph shall be required for an act to be carried out by a state organ or local government. In this case, the state organ or local government intending to carry out the act shall in advance consult with the head of the Landscape Administrative Organization concerned.

(Restoration Orders, etc.)

Article 23 (1) The head of the Landscape Administrative Organization may, to the extent necessary for the conservation of a good landscape containing the structure of landscape importance concerned, order a person who has violated the provisions of paragraph (1) of the preceding article or any of the conditions attached to the permission pursuant to paragraph (3) of the same article, if any, or a person who has succeeded the right to the structure of landscape importance concerned from the said violating person to restore the said structure to its original state by setting a reasonable period, or take necessary alternative measures if the restoration to the original sate is extremely difficult.

(2) In cases where the head of a Landscape Administrative Organization intends to order a restoration or take necessary alternative measures pursuant to the provisions of the preceding paragraph (hereinafter referred to as "Restoration, etc." in this Article), if the person to be ordered to carry out the Restoration, etc., cannot be ascertained without negligence on the part of that person, the head of the Landscape Administrative Organization may carry out the Restoration, etc., or order or commission another party to carry out the Restoration, etc., at the expense of that person. In this case, the head of the Landscape Administrative Organization shall in advance give a public notice to the effect that the said Restoration, etc., must be carried out by that person within a specified reasonable period and that if the Restoration, etc., is not carried out by that person within the said period, the Restoration, etc., shall be made by the head of the Landscape Administrative Organization or a party ordered or commissioned by the head of the Landscape Administrative Organization.

(3) A person who intends to make a Restoration, etc., pursuant to the provisions of the preceding paragraph shall carry a certificate of identification and present the same at the request of the persons concerned.

(Compensation for Loss)

Article 24 (1) A Landscape Administrative Organization shall compensate the owner of a structure of landscape importance that has suffered any loss as a result of being unable to obtain the permission prescribed in Article 22, paragraph (1), to the extent of any loss that would normally be incurred in a similar situation. However, in cases where the provisions of any law (including an order or ordinance based on the said other law) other than this Act requires, as a condition for the act applied for, any other permission or disposition of an administrative organ (excluding any provision stipulating an obligation to compensate a person for any loss suffered as a result of being unable to receive the said other permission or disposition), if an application for such other permission or disposition has been or should be denied, this provision shall not apply to the act for which an application for the permission prescribed in Article 22, paragraph (1), has been made.

(2) Compensation for any loss to be made pursuant to the provisions of the preceding paragraph shall be discussed between the head of the Landscape Administrative Organization concerned and the person who has suffered the loss.

(3) If no agreement is reached upon the discussion prescribed in the preceding paragraph, the head of the Landscape Administrative Organization concerned or the person who has suffered the loss may apply to the Expropriation Committee for determination under Article 94, paragraph (2), of the Compulsory Purchase of Land Act (Act No. 219 of 1951).

(Management Obligation, etc., of the Owners of Structures of Landscape Importance)

Article 25 (1) The owners and managers of all structures of landscape importance shall manage the structures appropriately so as not to damage good landscapes in which the structures are contained.

(2) All Landscape Administrative Organizations may set forth in an ordinance the standards for manners of management necessary for the conservation of good landscapes containing structures of landscape importance.

(Orders or Recommendations Related to Management)

Article 26 When the head of a Landscape Administrative Organization finds that a structure of landscape importance is likely to be lost or damaged due to an inappropriate management of the said structure or, in cases where an ordinance under the provisions of paragraph (2) of the preceding article has been enacted, that the management of a structure of landscape importance is not being carried out appropriately in accordance with the said ordinance, the head of the Landscape Administrative Organization may order or recommend that the owner or manager of the structure of landscape importance concerned improve the manners of management or take any other necessary management measures.

(Cancellation of Designation)

Article 27 (1) When a structure of landscape importance has become a structure prescribed in Article 19, paragraph (3), or when the reason for designation of a structure of landscape importance has ceased to exist due to loss, damage or any other causes, the head of the Landscape Administrative Organization concerned shall without delay cancel the designation of the structure of landscape importance.

(2) The head of a Landscape Administrative Organization may cancel the designation of any structure of landscape importance on the ground of public interest or for other special reasons, if any.

(3) The provisions of Article 21, paragraph (1), shall apply mutatis mutandis to the cancellation of designation of structure of landscape importance under the provisions of the preceding two paragraphs.

Subsection 2 Designation of Trees of Landscape Importance, etc.

(Designation of Trees of Landscape Importance)

Article 28 (1) The head of a Landscape Administrative Organization may designate any tree that is important for the development of a good landscape in a Landscape Planning Area and satisfies the criteria specified by Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism (or, for a tree in an area outside a City Planning Area, Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism or the Ministry of Agriculture, Forestry and Fisheries; the same shall apply hereinafter in this subsection) as a tree of landscape importance in accordance with a policy for the designation of trees of landscape importance specified in a Landscape Plan (referred to in paragraph (3) of the following article as the "Designation Policy").

(2) When the head of a Landscape Administrative Organization intends to make a designation pursuant to the preceding paragraph, he or she shall in advance hear the opinion of the owner (or all of the owners if there are two or more owners; the same shall apply in paragraph (2) of the following article and paragraph (1) of Article 30) of the tree to be designated.

(3) The provisions of paragraph (1) shall not apply to a tree that has been designated or provisionally designated as a Special Historic Site, Special Place of Scenic Beauty, or Special Natural Monument; Historic Site, Place of Scenic Beauty, or Natural Monument under the provisions of the Act on the Protection of Cultural Properties.

(Proposal for Designation of Trees of Landscape Importance)

Article 29 (1) If the owner of a tree in a Landscape Planning Area finds that the said tree is important for the development of a good landscape and satisfies the criteria specified by an Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism prescribed to in paragraph (1) of the preceding article, the owner of the said tree may, pursuant to the relevant Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism, propose to the head of the Landscape Administrative Organization concerned that the said tree be designated as a tree of landscape importance. In this case, if the said tree is jointly owned with any owner or owners other than the owner who intends to propose the designation of the tree, the consent of that other owner or all of the other owners shall be obtained in advance.

(2) If a Landscape Management Corporation finds that a tree in a Landscape Planning Area is important for the development of a good landscape and satisfies the criteria specified by an Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism prescribed in paragraph (1) of the preceding article, the Landscape Management Corporation may, upon obtaining the consent of the owner of the said tree, propose to the head of the Landscape Administrative Organization concerned that the said tree be designated as a tree of landscape importance.

(3) When the head of a Landscape Administrative Organization has, upon evaluating the tree concerning the proposal pursuant to the preceding two paragraphs against the Designation Policy, and the criteria specified by an Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism set forth in paragraph (1) of the preceding article, etc., judged that the said tree does not need to be designated as a tree of landscape importance, the head of the Landscape Administrative Organization shall notify the proposer of that judgment and the reason therefor without delay.

(Notice of Designation, etc.)

Article 30 (1) When the head of a Landscape Administrative Organization has designated a tree of landscape importance pursuant to the provisions of Article 28 paragraph (1), he or she shall immediately notify the owner of the said tree of landscape importance (or, if the designation is based on a proposal made pursuant to the provisions of paragraph (2) of the preceding article, the owner of the tree of landscape importance and the Landscape Management Corporation concerned with the said proposal) of the designation and other matters specified by an Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism.

(2) When a tree of landscape importance has been designated pursuant to the provisions of Article 28, paragraph (1), the head of the Landscape Administrative Organization concerned shall without delay install a sign indicating the designation as prescribed in the relevant ordinance or rule.

(Regulation on Changes to Current Conditions)

Article 31 (1) No person may cut or transplant any tree of landscape importance without obtaining a permission from the head of the Landscape Administrative Organization concerned; provided, however, that this provision shall not apply to ordinary acts of management, minor acts, any other acts specified by Cabinet Order and acts committed as necessary emergency measures in the event of extraordinary disasters.

(2) The provisions of paragraphs (2) through (4) of Article 22 shall apply mutatis mutandis to permission as prescribed in the preceding paragraph. In this case, the term "structure of landscape importance" in paragraphs (2) and (3) of the said Article shall be deemed to be replaced with "tree of landscape importance."

(Application mutatis mutandis of Provisions Regarding Recovery Order, etc.)

Article 32 (1) The provisions of Article 23 shall apply mutatis mutandis in cases where there any person who has violated the provisions of paragraph (1) of the preceding article or a person who has violated any of the conditions attached to a permission granted under the provisions of Article 22, paragraph (3), as applied mutatis mutandis under Article 31, paragraph (2). In this case, the term "structure of landscape importance" in Article 23, paragraph (1), shall be deemed to be replaced with "tree of landscape importance."

(2) The provisions of Article 24 shall apply mutatis mutandis to any loss that an owner of a tree of landscape importance has suffered as a result of an inability to obtain the permission prescribed in paragraph (1) of the preceding article.

(Management Obligation of Owners of Trees of Landscape Importance)

Article 33 (1) The owners and managers of all trees of landscape importance shall manage the trees of landscape importance appropriately so as not to damage good landscapes in which the trees are contained.

(2) All Landscape Administrative Organizations may set forth in an ordinance the standards for manners of management with respect to trees of landscape importance.

(Orders or Recommendations related to Management)

Article 34 When the head of a Landscape Administrative Organization finds that a tree of landscape importance is likely to be lost or decayed due to an inappropriate management of the said tree or, in cases where an ordinance under the provisions of paragraph (2) of the preceding article has been enacted, that the management of a tree of landscape importance is not being carried out appropriately in accordance with the said ordinance, the head of the Landscape Administrative Organization may order or recommend that the owner or manager of the tree of landscape importance concerned improve the manners of management or take any other necessary measures.

(Cancellation of Designation)

Article 35 (1) When a tree of landscape importance has become a tree prescribed in Article 28, paragraph (3), or when the reason for designation of a tree of landscape importance has ceased to exist due to loss, decay, or any other reasons, the head of the Landscape Administrative Organization concerned shall without delay cancel the designation of the tree of landscape importance.

(2) The head of a Landscape Administrative Organization may cancel the designation of any tree of landscape importance on the ground of public interest or for other special reasons, if any.

(3) The provisions of Article 30, paragraph (1), shall apply mutatis mutandis to the cancellation of the designation of a tree of landscape importance pursuant to the provisions of the preceding two paragraphs.

Subsection 3 Management Agreement

(Conclusion of Management Agreement, etc.)

Article 36 (1) When a Landscape Administrative Organization or a Landscape Management Corporation finds it necessary for appropriate management of a structure of landscape importance or tree of landscape importance, the said Landscape Administrative Organization or Landscape Management Corporation may enter into an agreement stipulating matters listed below (hereinafter referred to as a "Management Agreement") with the owner (or all of the owners if there are two or more owners; the same shall apply in Article 42, paragraph (1)) of the structure of landscape importance or tree of landscape importance concerned and manage the said structure of landscape importance or tree of landscape importance accordingly.

(i) A structure of landscape importance for which a Management Agreement is concluded (hereinafter referred to as an "Agreement Covered Structure") or a tree of landscape importance for which a Management Agreement is concluded (hereinafter referred to as an "Agreement Covered Tree")

(ii) Matters relating to the method of management of an Agreement Covered Structure or an Agreement Covered Tree

(iii) The effective period of Management Agreement

(iv) Measures to be taken in the event of violation of the Management Agreement

(2) Contents of a Management Agreement shall comply with all of the criteria listed in the following items:

(i) The Management Agreement does not unreasonably restrict the use of an Agreement Covered Structure or Agreement Covered Tree.

(ii) The contents relating to matters listed in items (ii) through (iv) of the preceding paragraph conform to the criteria specified in the relevant Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism (or, the relevant Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism or the Ministry of Agriculture, Forestry and Fisheries for a Management Agreement concerning a tree in an area other than a City Planning Area; the same shall apply hereinafter in this subsection).

(3) When a Landscape Management Corporation intends to conclude a Management Agreement it shall in advance obtain the approval of the head of the Landscape Administrative Organization concerned.

(Public Inspection of Management Agreement, etc.)

Article 37 (1) When a Landscape Administrative Organization or the head thereof intends to conclude a Management Agreement or when an application for approval of a Management Agreement under the provisions of paragraph (3) of the preceding article has been made, the said Landscape Administrative Organization or the head thereof shall give a public notice to that effect and make that Management Agreement available for inspection by the persons concerned for two weeks from the day of the said public notice pursuant to the relevant Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism.

(2) When a public notice prescribed in the preceding paragraph is given, any of the persons concerned may submit a written opinion concerning the said Management Agreement to the Landscape Administrative Organization concerned or the head thereof by the expiration date of the inspection period prescribed in the preceding paragraph.

(Approval for Management Agreement)

Article 38 If an application for approval of a Management Agreement prescribed in Article 36 paragraph (3) satisfies all of the following items, the head of the Landscape Administrative Organization concerned shall approve the said Management Agreement.

(i) The manners of application do not violate any law or regulation.

(ii) The contents of the Management Agreement conform to all of the criteria listed in the items of Article 36, paragraph (2).

(Public Notice of Management Agreement)

Article 39 When a Landscape Administrative Organization or the head thereof has concluded a Management Agreement or has granted an approval prescribed in the preceding paragraph, the Landscape Administrative Organization or the head thereof shall give a public notice to that effect and make a copy of the said Management Agreement available for public inspection at the office of the Landscape Administrative Organization as prescribed in the relevant Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism.

(Changes in Management Agreement)

Article 40 The provisions of paragraphs (2) and (3) of Article 36 and the preceding three articles shall apply mutatis mutandis to any changes to matters stipulated in a Management Agreement.

(Validity of Management Agreement)

Article 41 Any Management Agreement with respect to which a public notice has been given pursuant to Article 39 (including cases where the said article is applied mutatis mutandis) shall be binding even on any person who becomes the owner of the Agreement Covered Structure or Agreement Covered Tree concerned after the issuance of the said public notice.

(Special Provisions on Duties of Green Space Management Corporation)

Article 42 (1) When a green space management corporation designated pursuant to the provisions of Article 68, paragraph (1), of the Urban Green Space Conservation Act (Act No. 72 of 1973) that performs the duty listed in Article 69, item (i), (a), of the said Act (hereinafter in this section referred to as a "Green Space Management Corporation") finds it necessary for appropriate management of a tree of landscape importance, the said Green Space Management Corporation may enter into a Management Agreement with the owner of the said tree of landscape importance, conduct the management of the said tree of landscape importance and duties incidental thereto in addition to the duty listed in the each item of Article 69.

(2) In the case referred to in the preceding paragraph, the words "or the duty listed in (d) 1" in Article 70 of the Urban Green Space Conservation Act shall be deemed to be replaced with "or the duty listed in (d) 1 or the duties prescribed in Article 42, paragraph (1), of the Landscape Act."

(3) The provisions of paragraphs (2) and (3) of Article 36 and the provisions of Article 37 through the preceding article shall apply mutatis mutandis in cases where a Green Space Management Corporation performs any of the duties prescribed in the preceding two paragraphs.

Subsection 4 Miscellaneous Provisions

(Reporting in Cases of Ownership Change)

Article 43 In the event of a change of ownership to a structure of landscape importance or a tree of landscape importance, the new owner shall without delay notify the head of the Landscape Administrative Organization concerned to that effect.

(Register)

Article 44 (1) The head of a Landscape Administrative Organization shall prepare and take custody of a register of structures of landscape importance or trees of landscape importance.

(2) All matters necessary for the preparation and custody of a register prescribed in the preceding paragraph shall be specified by Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism (or, Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism or the Ministry of Agriculture, Forestry and Fisheries, for a register of trees of landscape importance that are not located in a City Planning Area).

(Collection of Reports)

Article 45 When the head of a Landscape Administrative Organization finds it necessary, he or she may ask the owner of a structure of landscape importance or a tree of landscape importance to report the existing state of the said structure of landscape importance or tree of landscape importance.

(Advice or Assistance)

Article 46 The owner of a structure or landscape importance may request a Landscape Administrative Organization or a Landscape Management Corporation, and the owner of a tree of landscape importance may request a Landscape Administrative Organization, Landscape Management Corporation or Green Space Management Corporation to provide necessary advice or assistance in connection with the management of the said structure of landscape importance or tree of landscape importance respectively.

Section 4 Development of Public Facilities of Landscape Importance, etc.

(Development of Public Facilities of Landscape Importance)

Article 47 In cases where a Landscape Plan specifies matters relating to the development of a Public Facility of Landscape Importance as prescribed in paragraph (2), item (iv), (b), of Article 8, the development of the said Public Facility of Landscape Importance shall be carried out in accordance with the said Landscape Plan.

(Special Provisions on the Act on Special Measures on Construction, etc., of Common Cable Tunnels)

Article 48 For the purpose of application of the provisions of Article 3 of the Act on Special Measures concerning Preparation, etc., for Common-Use Cable Tunnel (Act No. 39 of 1995) to a road prescribed under the Road Act that is specified as a Public Facility of Landscape Importance in a Landscape Plan (hereinafter referred to as a "Road of Landscape Importance"), the words "in order to ensure safe and smooth traffic flow and improve landscapes" in paragraph (1) of the same article shall be deemed to be replaced with "in order to improve landscapes and ensure safe and smooth traffic flow in accordance with a Landscape Plan (a Landscape Plan as prescribed in Article 8, paragraph (1), of the Landscape Act)"; the words "especially necessary" shall be deemed to be replaced with "necessary"; the words "the municipality concerned (excluding any municipality concerned acting as the road administrator of the road to be designated and any municipality that has made a request pursuant to the following paragraph)" in paragraph (2) of the same article shall be deemed to be replaced with "the municipality concerned (excluding any municipality concerned acting as the road administrator of the road to be designated and any municipality that has made a request pursuant to the following paragraph), the prefecture concerned acting as a Landscape Administrative Organization (a Landscape Administrative Organization prescribed in Article 7 paragraph (1) of the Landscape Act) excluding any prefecture concerned acting as the road administrator of the road to be designated and any prefecture that has made a request as prescribed in the following paragraph"; and the words "municipality" in paragraph (3) of the same article shall be deemed to be replaced with "municipality or prefecture acting as a Landscape Administrative Organization."

(Special Provisions on the Road Act)

Article 49 For the purpose of application of the provisions of Article 33, Article 36, paragraph (2); and Article 87, paragraph (1), of the Road Act to a Road of Landscape Importance with respect to which matters relating to the permitting criteria prescribed in paragraph (2), item (iv), (c) 1, of Article 8 are specified in a Landscape Plan, the words "criteria specified by Cabinet Order" in Article 33 and Article 36, paragraph (2), of the Road Act shall be deemed to be replaced with "criteria specified by Cabinet Order and the permitting criteria prescribed in Article 8, paragraph (2), item (iv), (c) 1, of the Landscape Act specified in a Landscape Plan prescribed in Article 8, paragraph (1), of the same Act"; and the words "ensure smooth traffic flow" in Article 87, paragraph (1), of the Road Act shall be deemed to be replaced with "ensure smooth traffic flow or develop a good landscape."

(Special Provisions on Permission under the River Act)

Article 50 When a river administrator (a river administrator prescribed in Article 7 of the River Act (including the cases where the same article are applied mutatis mutandis under in Article 100, paragraph (1), of the River Act)) finds that an act requiring a permission under Article 24; Article 25; Article 26, paragraph (1); or Article 27, paragraph (1) of the River Act (including cases where these provisions are applied mutatis mutandis under Article 100, paragraph (1), of the same Act) on a land in a river zone (a river zone prescribed in Article 6, paragraph (1), (including the cases where the said paragraph is applied mutatis mutandis under Article 100, paragraph (1)) of the same Act) of a river prescribed under the River Act that is a Public Facility of Landscape Importance for which the criteria for permission prescribed in Article 8, paragraph (2), item (iv), (c) 2, hereof have been specified in a Landscape Plan (hereinafter in this Article referred to as a "River of Landscape Importance") does not conform to the criteria for permission under Article 8, paragraph (2), item (iv), (c) 2, hereof specified in the said Landscape Plan, the river administrator shall not grant a permission under the said provisions of the River Act.

(Special Provisions, etc., on Permission under the Urban Parks Act)

Article 51 (1) When a park administrator (park administrator prescribed in Article 5, paragraph (1), of the Urban Park Act) finds that an act requiring a permission under Article 5, paragraph (1), of the Urban Park Act in an urban park prescribed under the same Act that is a Public Facility of Landscape Importance for which the criteria for permission prescribed in Article 8, paragraph (2), item (iv), (c) 3, hereof (limited to those related to the permission prescribed in Article 5, paragraph (1), of the Urban Parks Act; the same shall apply hereinafter in this paragraph) have been specified in a Landscape Plan (hereinafter in this Article referred to as an "Urban Park of Landscape Importance") does not conform to any of the criteria for permission under Article 8, paragraph (2), item (iv), (c) 3, hereof specified in the said Landscape Plan, the park administrator shall not grant a permission under Article 5, paragraph (1), of the Urban Parks Act.

(2) For the purpose of application of the provisions of Article 7 of the Urban Park Act to a Urban Park of Landscape Importance for which the criteria for permission under Article 8, paragraph (2), item (iv), (c) 3, hereof are specified in a Landscape Plan (limited to those relating to the permission prescribed in paragraph (1) or (3) of Article 6 of the Urban Park Act), the words "technical standards specified by Cabinet Order" in Article 7 of the Urban Park Act shall be deemed to be replaced with "technical standards specified by Cabinet Order and criteria for permission prescribed in Article 8, paragraph (2), item (iv), (c) 3, of the Landscape Act specified in a Landscape Plan prescribed in Article 8, paragraph (1), of the same Act."

(Special Provisions on the Act on Regional Development for Tsunami Disaster Prevention)

Article 51-2 For the purpose of application of the provisions of Article 22, paragraph (2), and Article 23, paragraph (2), of the Act on Regional Development for Tsunami Disaster Prevention to a Tsunami defense facility that is a Public Facility of Landscape Importance for which the criteria for permission under Article 8, paragraph (2), item (iv), (c) 4, hereof are specified in a Landscape Plan, the words "is likely to seriously interfere with coastal protection" in Article 22, paragraph (2), of the said Act shall be deemed to be replaced with "is likely to seriously interfere with coastal protection or does not conform to any of the criteria for permission under Article 8, paragraph (2), item (iv), (c) 4, of the Landscape Act (limited to the criteria relating to the permission under the preceding paragraph) specified in a Landscape Plan prescribed in Article 8, paragraph (1), of the same Act"; the words "paragraph (2) of the preceding article" in Article 23, paragraph (2), of the Act on Regional Development for Tsunami Disaster Prevention shall be deemed to be replaced with "paragraph (2) of the preceding article as applied mutatis mutandis pursuant to the provisions of Article 51-2 of the Landscape Act"; and the words "apply mutatis mutandis to the permission under the preceding paragraph" shall be deemed to be replaced with "apply mutatis mutandis to the permission under the preceding paragraph. In this case, the words 'criteria relating to the permission under the preceding paragraph' in paragraph (2) of the same article shall be deemed to be replaced with 'criteria related to the permission under paragraph (1) of the following article.'"

(Special Provisions etc. on the Coast Act)

Article 52 (1) For the purpose of application of the provisions of Article 7, paragraph (2), and Article 8, paragraph (2), of the Coast Act to a coast relating to a coastal preservation area, etc., that is a Public Facility of Landscape Importance (referred to in the following paragraph as a "Coast of Landscape Importance") for which criteria for permission under Article 8, paragraph (2), item (iv), (c) 5, hereof (limited to the criteria relating to the permission under Article 7, paragraph (1), or Article 8, paragraph (1), of the Coast Act) are specified in a Landscape Plan, the words "is likely to seriously interfere with coastal protection" in Article 7, paragraph (2), of the Coast Act shall be deemed to be replaced with "is likely to seriously interfere with coastal protection or does not conform to any of the criteria for permission under Article 8, paragraph (2), item (iv), (c) 5, of the Landscape Act (limited to the criteria relating to the permission under the preceding paragraph) specified in a Landscape Plan prescribed in Article 8, paragraph (1), of the same Act"; the words "paragraph (2) of the preceding article" in Article 8, paragraph (2), of the Coast Act shall be deemed to be replaced with "paragraph (2) of the preceding article as applied mutatis mutandis pursuant to the provisions of Article 52, paragraph (1), of the Landscape Act"; and the words "apply mutatis mutandis to the permission under the preceding paragraph" shall be deemed to be replaced with "apply mutatis mutandis to the permission under the preceding paragraph. In this case, the words 'criteria relating to the permission under the preceding paragraph' in paragraph (2) of the same Article shall be deemed to be replaced with 'criteria relating to the permission under paragraph (1) of the following Article.'"

(2) When a coast administrator (a coast administrator prescribed in Article 2, paragraph (3), of the Coast Act) finds that an act requiring a permission under Article 37-4 or Article 37-5 of the Coast Act in a public seacoast area (a public seacoast area prescribed in Article 2, paragraph (2), of the Coast Act) that is a Coast of Landscape Importance with respect to which the criteria for permission under Article 8, paragraph (2), item (iv), (c) 5, hereof (limited to the criteria relating to the permission under Article 37-4 or Article 37-5 of the Coast Act; the same shall apply hereinafter in this paragraph) have been specified in a Landscape Plan does not conform to the criteria for permission under Article 8, paragraph (2), item (iv), (c) 5, hereof specified in the said Landscape Plan, the coast authority shall not grant a permission under the said provisions of the Coast Act.

(Special Provisions on the Port and Harbor Act)

Article 53 For the purpose of application of the provisions of Article 37, paragraph (2) of the Port and Harbor Act to ports and harbors under the said Act that are public facilities of landscape importance with respect to which the criteria for permission under Article 8, paragraph (2), item (iv), (c) 6 hereof are specified in a Landscape Plan, the words "or seriously impede the implementation of the Port Plan made public pursuant to the provisions of paragraph (9) of Article 3-3," in Article 37, paragraph (2) of the said Act shall be deemed to be replaced with ", seriously impede the implementation of the Port Plan made public pursuant to the provisions of paragraph (9) of Article 3-3,"; and the words ", or considerably interfere with the development of port;" shall be deemed to be replaced with "; considerably interfere with the development of a port; or does not comply with the criteria for permission as prescribed in Article 8 paragraph (2), item (iv), (c) 6 of the Landscape Act specified in a Landscape Plan as prescribed in Article 8, paragraph (1), of the same Act."

(Special Provisions on the Act on Development of Fishing Posts and Grounds)

Article 54 For the purpose of application of the provisions of paragraphs (2) and (3) of Article 39 of the Act on Development of Fishing Posts and Grounds to fishing ports under the same Act that are Public Facilities of Landscape Importance with respect to which the criteria for permission under Article 8, paragraph (2), item (iv), (c) 7, hereof have been specified in a Landscape Plan, the words "project or the use of a fishing port, or otherwise considerably interfere with the development of a fishing port," in Article 39, paragraph (2), of the Fishing and Fishing Grounds Act shall be deemed to be replaced with "project or the use of a fishing port, or otherwise considerably interfere with the development of a fishing port; or"; the words "development of a fishing port," in the same paragraph shall be deemed to be replaced with "development of a fishing port; or does not comply with the criteria for permission as prescribed in Article 8, paragraph (2), item (iv), (c) 7, of the Landscape Act specified in a Landscape Plan prescribed in Article 8, paragraph (1), of the same Act"; and the words "for the conservation of a fishing port" in paragraph (3) of the said article shall be deemed to be replaced with "for the conservation of a fishing port or the development of a good landscape."

Section 5 Landscape-Oriented Agricultural Promotion Area Establishment Plan, etc.

(Landscape-Oriented Agricultural Promotion Area Establishment Plan)

Article 55 (1) When a municipality finds it necessary to carry out an integrated development of agricultural land (agricultural land prescribed in Article 3, paragraph (1), of the Act concerning the Establishment of Agricultural Promotion Areas; the same shall apply hereinafter), agricultural facilities and other facilities suitable for the characteristics of the area concerned in order to implement an agricultural promotion area establishment plan and ensure favorable agricultural conditions in harmony with the landscape with respect to a part of a Landscape Planning Area under a Landscape Plan located in an agricultural promotion area (an agricultural promotion area designated pursuant to the provisions of Article 6, paragraph (1), of the said Act) for which basic matters listed in Article 8, paragraph (2), item (iv), (d), hereof are specified, the said municipality may formulate a landscape-oriented agricultural promotion area establishment plan.

(2) A landscape-oriented agricultural promotion area establishment plan shall specify the following:

(i) the area covered by the landscape-oriented agricultural promotion area establishment plan;

(ii) matters related to agricultural land use in harmony with the landscape of the area set forth in the preceding item; and

(iii) the matters listed in Article 8, paragraph (2), items (ii), (ii)-2 and (iv), of the Act concerning the Establishment of Agricultural Promotion Areas in the area set forth in item (i).

(3) A landscape-oriented agricultural promotion area establishment plan shall be consistent with the Landscape Plan and the agricultural promotion area establishment plan, in harmony with any of the plans prescribed in Article 4 paragraph (3) of the Act concerning the Establishment of Agricultural Promotion Areas, and prescribe, in an integrated manner, all matters necessary for a comprehensive promotion of agriculture, taking natural, economic and social conditions in the area set forth in item (i) of the preceding paragraph into consideration.

(4) The provisions of Article 8, paragraph (4); Article 10, paragraph (2); Article 11 (excluding the second sentence in paragraph (9) and paragraph (12)); Article 12; the first sentence in paragraph (1) of Article 13; and paragraph (4) of the same Article of the Act concerning the Establishment of Agricultural Promotion Areas shall apply mutatis mutandis to all landscape-oriented agricultural promotion area establishment plans. In this case, in Article 8, paragraph (4) of the same Act, the words "the prefectural governor concerned on the agricultural promotion area establishment plan concerning matters listed in paragraph (2), item (i), (hereinafter referred to as "Agricultural Land Use Plan") stipulated by Cabinet Order" shall be deemed to be replaced with "the prefectural governor concerned"; the words "shall consult with and obtain the consent of" shall be deemed to be replaced with "shall consult with"; the words "a part of an agricultural promotion area establishment plan on a land in an agricultural land area covered by an Agricultural Land Use Plan" in Article 11, paragraph (3), of the same Act shall be deemed to be replaced with "a land in the area prescribed in Article 55, paragraph (2), item (i), of the Landscape Act covered by a landscape-oriented agricultural promotion area establishment plan (a landscape-oriented agricultural promotion area establishment plan as prescribed in Article 55, paragraph (1), of the Landscape Act; the same shall apply hereinafter)"; the words "the said Agricultural Land Use Plan" shall be deemed to be replaced with "the said landscape-oriented agricultural promotion area establishment plan"; the words "the same paragraph" shall be deemed to be replaced with "paragraph (1)"; and the words "agricultural land area" in Article 11, paragraph (10), of the Act concerning the Establishment of Agricultural Promotion Areas shall be deemed to be replaced with "an area prescribed in Article 55, paragraph (2), item (i), of the Landscape Act"; the words "use the said state-owned land as agricultural land, etc." in Article 11, paragraph (11), of the said Act concerning the Establishment of Agricultural Promotion Areas shall be deemed to be replaced with "use the said state-owned land in accordance with a landscape-oriented agricultural promotion area establishment plan"; in the first sentence in Article 13, paragraph (1), of the same Act, the words "basic policy for agricultural promotion area establishment" shall be deemed to be replaced with "a Landscape Plan as prescribed in Article 8, paragraph (1), of the Landscape Act or an agricultural promotion area establishment plan"; the words "an agricultural promotion area, because of the result of a basic survey as prescribed in paragraph (1) of the preceding article, or because" shall be deemed to be replaced with "an agricultural promotion area, or because"; the words "agricultural promotion area establishment plan as prescribed by Cabinet Order" shall be deemed to be replaced with "agricultural promotion area establishment plan"; in Article 13, paragraph (4), of the same Act the words "(paragraph (12))" shall be deemed to be replaced with "(the second sentence in Article 9 and paragraph (12)"; and the words in "Article 12, paragraph (2)" shall be deemed to be replaced with "In Article 8 paragraph (4) the words 'the prefectural governor as prescribed by Cabinet Order concerning the part of the said agricultural promotion area establishment plan relating to matters listed in paragraph (2), item (1), (hereinafter referred to as 'Agricultural Land Use Plan')" shall be deemed to be replaced with 'the prefectural governor', the words 'consult with and obtain the consent of' shall be deemed to be replaced with 'consult with'; in Article 12, paragraph (2), the words 'the said agricultural promotion area establishment plan' shall be deemed to be replaced with 'the agricultural promotion area establishment plan after the change'; and the words "plan', shall" shall be deemed to be replaced with "plan shall"

(Recommendation on Land Use)

Article 56 (1) In cases where a plot of land located in an area prescribed in paragraph (2) item (i) of the preceding article is not being used in accordance with a landscape-oriented agricultural promotion area establishment plan, if necessary for the implementation of the said landscape-oriented agricultural promotion area establishment plan, the mayor of the municipality concerned may recommend the owner of the said plot of land or the person who is using and receiving profits from the said plot of land based on any title other than the ownership that the said owner or person use the said plot of land in accordance with the said landscape-oriented agricultural promotion area establishment plan.

(2) In cases where a recommendation is made pursuant to the provisions of the preceding paragraph, if the person to whom the recommendation has been made does not or is not likely to follow the said recommendation, the mayor of the municipality concerned may recommend to the said person, for the use of the said plot of land in accordance with a landscape-oriented agricultural promotion area establishment plan, that the said person discuss the transfer of the ownership or the establishment or transfer of any right to use or profit from the said plot of land with a person who intends to acquire the ownership to the said plot of land or the right to use and profit from the said plot of land and has been designated by the said mayor.

(Special Provisions on the Agricultural Land Act)

Article 57 (1) Notwithstanding the provisions of Article 3, paragraph (2), of the Agricultural Land Act (Act No. 229 of 1952), when a Landscape Management Corporation has been designated pursuant to the provisions of paragraph (2) of the preceding article in cases prescribed in the same paragraph, if the person to which the recommendation prescribed in paragraph (2) of the preceding article has been made intends, as agreed upon discussion relating to the said recommendation, to establish a right by loan for use or right of lease for the benefit of the Landscape Management Corporation concerned over the agricultural land or meadow (the agricultural land or meadow prescribed in Article 2, paragraph (1), of the Agricultural Land Act; the same shall apply hereinafter) subject to the said recommendation, an agriculture commission (or, in a municipality without an agriculture commission prescribed in Article 3, paragraph (5), of the Act on Agriculture Commission, etc. (Act No. 88 of 1951), the mayor of that municipality) may grant a permission prescribed in Article 3, paragraph (1), of the Agricultural Land Act.

(2) The provisions of the main clauses of Article 17 and Article 18, paragraph (1), and items (7) and (8) of paragraph (1) of Article 18 of the Agricultural Land Act shall not apply to any lease of agricultural land or meadow in relation to which a right of lease has been established for the benefit of the Landscape Management Corporation concerned as agreed upon discussion relating to the recommendation prescribed in paragraph (2) of the preceding article.

(Special Provisions on the Act concerning the Establishment of Agricultural Promotion Areas)

Article 58 (1) In cases where a prefectural governor intends to grant a permission under Article 15-2, paragraph (1), of the Act concerning the Establishment of Agricultural Promotion Areas and where the plot of land related to any of the Acts of Development prescribed in the said paragraph is located in an area prescribed in Article 55, paragraph (2), item (i), hereof, if the prefectural governor finds that the said act of development falls under any of the items in Article 15-2, paragraph (4), of the same Act or if the said act of development makes the use of the land related to the said act of development in accordance with a landscape-oriented agricultural promotion area establishment plan difficult, the said prefectural governor shall not grant the permission for the said act.

(2) For the purpose of application of the provisions of Article 15-2, paragraph (5), of the Act concerning the Establishment of Agricultural Promotion Areas to the permission prescribed in the preceding paragraph, the words "to ensure the agricultural use of" shall be deemed to be replaced with "to ensure the agricultural use and use in accordance with a landscape-oriented agricultural promotion area establishment plan formulated pursuant to the provisions of Article 55, paragraph (1), of the Landscape Act of"

(Change of Municipal Forest Improvement Plan)

Article 59 (1) In the cases prescribed in paragraphs (2) and (3) of Article 10-6 of the Forest Act (Act No. 249 of 1951) and in cases where a municipality finds it appropriate to maintain and enhance public interest functions of a forest within the area of the municipality for which a regional forest plan has been formulated pursuant to the provisions of Article 5, paragraph (1), of the said Act, the said municipality may change a part of the municipal forest improvement plan formulated pursuant to the provisions of Article 10-5, paragraph (1), of the said Act.

(2) Any change made pursuant to the preceding paragraph shall be deemed to have been made pursuant to the provisions of Article 10-6, paragraph (3), of the Forest Act.

Section 6 Special Provisions on the Natural Parks Act

Article 60 For the purpose of application of the provisions of Article 20, paragraph (4); Article 21, paragraph (4); and Article 22, paragraph (4), of the Natural Parks Act in a Landscape Planning Area covered by a Landscape Plan that specifies matters listed in Article 8, paragraph (2), item (iv), (e), hereof, the words "the criteria specified by Ordinance of the Ministry of the Environment" shall be deemed to be replaced with "the criteria specified by Ordinance of the Ministry of the Environment and the criteria prescribed in Article 8, paragraph (2), item (iv), (e), of the Landscape Act specified in a Landscape Plan prescribed in Article 8, paragraph (1), of the same Act."

Chapter III Landscape Districts, etc.

Section 1 Landscape Districts

Subsection 1 City Plan for Landscape District

Article 61 (1) A municipality may define a landscape district in a city plan in order to develop a good urban landscape in an area of land in a City Planning Area or a Quasi-City Planning Area.

(2) A city plan relating to a landscape district shall specify matters listed in Article 8, paragraph (3), items (i) and (iii), of the City Planning Act, the matter listed in item (i) in this paragraph, and necessary matters among those listed in items (ii) through (iv) in this paragraph. In this case, in a Landscape Planning district covered by a Landscape Plan that specifies matters equivalent to the foregoing, the city plan shall be formulated so that the development of a good landscape under the said Landscape Plan is not hindered.

(i) Restrictions on Design Features of Buildings

(ii) The maximum or minimum height limit of Buildings

(iii) Restrictions on wall locations

(iv) The minimum site area of Buildings

Subsection 2 Restrictions on Design Features of Buildings

(Restrictions on Design Features of Buildings)

Article 62 Design Features of all Buildings in a landscape district shall comply with the restrictions on Design Features of Buildings specified in the city plan concerned; provided, however, that this provision shall not apply to the Design Features of a Building or a part thereof that are required by the provisions of any other law or regulation specified by Cabinet Order.

(Certification of Plan)

Article 63 (1) Any person who intends to carry out the Building, etc., of a Building in a landscape district shall in advance submit a written application to the mayor of the municipality concerned and obtain a certification of conformity of the said plan to the provisions of the preceding article. The same shall apply in cases where a person who has obtained a certification for a building plan intends to change the plan and carry out the Building, etc., accordingly.

(2) In cases where a municipal mayor has received a written application prescribed in the preceding paragraph, the said municipal mayor shall examine the plan for the Building for which the said application has been submitted and, if he or she finds that the said plan conforms to the provisions of the preceding article, he or she shall issue a certificate of authorization to the applicant within thirty days from the day of receipt of the application.

(3) In the case of the examination prescribed in the preceding paragraph, if the municipal mayor concerned finds that the plan for the Building for which an application has been submitted does not conform to the provisions of the preceding article or if there is a justifiable reason that the conformity or nonconformity to the said provision cannot be determined from the particulars stated on the application, the said municipal mayor shall issue a written notice describing that result and the reason therefor to the applicant concerned within the period prescribed in the said paragraph.

(4) Any work of Building, etc. (excluding the pit excavation and other construction work specified by Cabinet Order; the same shall apply in Article 102, item (iii)) for a Building set forth in paragraph (2) shall not be executed until a certificate prescribed in the said paragraph is issued.

(5) The formats of a written application prescribed in paragraph (1), certificate prescribed in paragraph (2), and written notice prescribed in paragraph (3) shall be specified by Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism.

(Measures against Violating Buildings)

Article 64 (1) If there is a Building that violates the provisions of Article 62, the municipal mayor concerned may order the construction owner of the Building, etc. (a person who carries out the Building, etc., of a Building; the same shall apply hereinafter); the contractor or site manager for the Building, etc., of the violating Building (including all subcontractors concerned; the same shall apply hereinafter in this chapter); or the owner, manager or occupant of the violating Building to suspend the execution of the construction work related to the said violating Building or take measures that are necessary in order to remedy the violation of the said provision including but not limited to the reconstruction, repair, remodeling, or color change of the violating Building by specifying a reasonable period of time.

(2) In the event that a disposition prescribed in the preceding paragraph is made, the municipal mayor concerned shall give a public notice to that effect by means including but not limited to the display of a sign that is specified by an Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism.

(3) The sign referred to in the preceding paragraph may be installed on the Building subject to the disposition prescribed in paragraph (1) or at the site thereof. In this case, none of the owner, manager, or occupant of the Building subject to the disposition prescribed in the said paragraph or the site thereof may refuse or interfere with the installation of the said sign.

(4) In cases where a municipal mayor intends to issue an order to take necessary measures pursuant to the provisions of paragraph (1), if the person to be ordered to take the said measures cannot be ascertained without negligence on the part of that person and if it is found that the violation left un-remedied is likely to have a significant adverse effect on the public interest, the said municipal mayor may, at the expense of the said person, take the said measures or order or commission another party to take the said measures. In this case, the said municipal mayor shall in advance give a public notice that the said measures must be taken by that person within a specified reasonable period and that if the said measures are not taken by that person within the specified period, the said measures shall be taken by the municipal mayor or a party ordered or commissioned by the municipal mayor.

(5) Any person who intends to take the measures prescribed in the preceding paragraph shall carry a certificate of identification and present the same at the request of persons concerned.

(Measures against Designers, etc., of Violating Buildings)

Article 65 (1) In the event that a disposition prescribed in paragraph (1) of the preceding article is made; the municipal mayor concerned shall, pursuant to the relevant Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism; report the name or trade name, address, and other matters specified by an Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism with respect to the designer; the construction supervisor (a person who manages the construction prescribed in Article 2, paragraph (7), of the Act on Architects and Building Engineers (Act No. 202 of 1950); the same shall apply hereinafter); or construction contractor of the Building subject to the disposition; or the real estate transaction business operator (a real estate transaction business operator as prescribed in Article 2, paragraph (3), of the Building Lots and Buildings Transaction Business Act (Act No. 176 of 1952); the same shall apply hereinafter) engaged in a transaction relating to a Building Lots and Buildings Transaction Business (Building Lots and Buildings transaction business prescribed in Article 2, paragraph (2), of the same Act; the same shall apply hereinafter) involving the said Building to the Minister of Land, Infrastructure, Transport and Tourism or the prefectural governor who supervises each of the foregoing persons pursuant to the provisions of the Act on Architects and Building Engineers, the Construction Business Act (Act No. 100 of 1949), or the Building Lots and Buildings Transaction Business Act respectively.

(2) When the Minister of Land, Infrastructure, Transport, and Tourism or a prefectural governor receives a notice prescribed in the preceding paragraph, the said Minister or the prefectural governor shall without delay take necessary measures including but not limited to the suspension of business under the Act on Architects and Building Engineers, the Construction Business Act, or the Building Lots and Buildings Transaction Business Act against the person with respect to whom the said notice has been given and notify the municipal mayor who has made the notice pursuant to the said paragraph of the results of the measures taken.

(Special Provisions on Certification, etc., of Buildings of National Government or Local Governments)

Article 66 (1) The provisions of Article 63 through the preceding article shall not apply to any Building of the national or local government, and all national government Buildings and local government Buildings shall be governed by the provisions of the following paragraph through paragraph (5).

(2) If the person who intends to carry out the Building, etc., of any Building in a landscape district is a national organ or a local government (hereinafter in this Article referred to as a "National Organ, etc."), the said National Organ, etc., shall notify the municipal mayor concerned of the plan for the construction work of the Building before the commencement thereof.

(3) When a municipal mayor receives a notice prescribed in the preceding paragraph, the said municipal mayor shall, within thirty days from the receipt of the said notice, upon examining the plan for the Building of which the said notice is given as to the conformity to the provisions of Article 62, issue a certificate of authorization to the notifying National Organ, etc., if the said municipal mayor finds that the said plan conforms to the said provision, or issue a written notice describing the result otherwise and the reason therefor to the notifying National Organ, etc., if the municipal mayor finds that the said plan does not conform to the said provision or if there is a justifiable reason that the conformity or nonconformity with the said provision cannot be determined.

(4) The works for Building, etc. (excluding the pit excavation and other construction work specified by Cabinet Order) for the Building with respect to which a notice prescribed in paragraph (2) has been made shall not be executed until a certificate prescribed in the preceding paragraph is issued.

(5) If the head of a municipality finds that a Building of the national government or a local government violates the provisions of Article 62, he or she shall immediately give a notice to that effect to the National Organ etc. responsible for the management of the said Building and request that necessary measures as prescribed in Article 64 paragraph (1) be taken.

(Relationship with Ordinances)

Article 67 The provisions of paragraph (2) of Article 63 and paragraph (3) of the preceding article shall not preclude a municipality from stipulating necessary provisions by ordinance unless the municipality violates any of the provisions of the said paragraphs in connection with the examination procedures for certification pursuant thereto.

(Indication, etc., of Certificates at Construction Sites)

Article 68 (1) A constructor who executes construction work for the Building, etc., of a Building in a landscape district shall, pursuant to the relevant Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism, indicate at a prominent place in the construction site, the name or trade name of the construction owner of Building, etc., the designer (a person who has prepared design drawings and specifications at his or her own responsibility; the same shall apply hereinafter), the constructor (a contractor for the construction of a Building or a person who executes such construction work without entering into a construction contract; the same shall apply hereinafter), and the construction site manager; and the fact that the plan for the said construction work has been certified pursuant to Article 63, paragraph (2), or Article 66, paragraph (3) hereof.

(2) The constructor who executes construction work for the Building, etc., of a Building in a landscape district shall keep at the construction site a copy of the plan for the said construction work that is certified pursuant to the provisions of Article 63, paragraph (2), or Article 66, paragraph (3).

(Exclusion from Application)

Article 69 (1) The provisions of Article 62 through the preceding article shall not apply to any of the Buildings listed below.

(i) A Building designated as a structure of landscape importance pursuant to the provisions of Article 19, paragraph (1)

(ii) A Building designated or provisionally designated as a National Treasure; Important Cultural Property; a Special Historic Site, Special Place of Scenic Beauty, or Special Natural Monument; or a Historic Site, Place of Scenic Beauty, or Natural Monument under the provisions of the Act on the Protection of Cultural Properties

(iii) A Building located in a traditional buildings preservation district as prescribed in Article 143, paragraph (1), of the Act on the Protection of Cultural Properties

(iv) A Building that replicates the original form of another Building falling under item (ii) in relation to which the mayor of the municipality concerned finds that such replication is unavoidable

(v) Any Building that has been designated by municipal ordinance as a Building that is not likely to interfere with the development of a good landscape other than those listed in the preceding items.

(2) When a city plan for a landscape district is formulated or changed, if an existing Building or a Building undergoing construction work for Building, etc., becomes unconformable to the provisions of Article 62 or comes to have a part that does not conform to the provisions of the said article, the provisions of the said article through the preceding article shall not apply to the said Building or the said unconformable part thereof.

(3) The provisions of the preceding paragraph shall not apply to a Building or part thereof falling under any of the following items:

(i) a Building or part thereof that has been in violation of the provisions of Article 62 before a city plan for a landscape district is changed;

(ii) a Building whose extension, reconstruction or relocation starts after the formulation or a change of a city plan for the landscape district concerned; or

(iii) A part of a Building subject to works of repair or remodeling or works of color change that alter the appearance of the Building and commence after the formulation or change of a city plan for the landscape district concerned

(Measures against Buildings Not in Conformity with Restrictions on Design Features)

Article 70 (1) When a municipal mayor finds that the Design Features of a Building exempted from the application of the provisions of Article 62 through Article 68 pursuant to the provisions of paragraph (2) of the preceding article materially interfere with the development of a good landscape in the landscape district, the said municipal mayor may, only if the consent of the assembly of the municipality concerned has been obtained, order the owner, the manager, or the occupant of the said Building to take necessary measures in order to make the Building conform to the restrictions on Design Features prescribed in the city plan concerned including but not limited to the reconstruction, remodeling, or color change of the said Building by setting a reasonable period of time. In this case, the municipality shall compensate for any loss that would normally result from the measures taken under the said order at the market value.

(2) If a person who is eligible to receive compensation pursuant to the provisions of the preceding paragraph is dissatisfied with the amount of the said compensation, he or she may, as prescribed by Cabinet Order, apply to the Expropriation Committee for determination under Article 94, paragraph (2), of the Compulsory Purchase of Land Act within one month from the day the notice of compensation decision is received.

(Reporting and On-site Inspection)

Article 71 (1) The mayor of a municipality may have the owner; manager or occupant of a Building; construction owner of Building, etc.; designer; or construction supervisor or constructor report on the plan or the state of construction work of the Building, etc., for the said Building or have the employees of the municipality enter the site of the Building or construction site and inspect the Building, construction materials, and any other objects related to the construction work for the Building.

(2) A municipal employee who conducts on-site inspection pursuant to the preceding paragraph shall carry a certificate of identification and present the same at the request of persons concerned.

(3) The authority for on-site inspection under the provisions of the paragraph (1) shall not be construed as the authority granted for the purpose of criminal investigation.

Subsection 3 Restrictions on Structures, etc.

(Restrictions on Design Features of Structures)

Article 72 (1) A municipality may, pursuant to the standards specified by Cabinet Order, prescribe in an ordinance the restrictions on Design Features with respect to structures in a landscape district, the maximum or minimum height limits, or restrictions on placement of structures (including those not fixed on the ground; the same shall apply hereinafter in paragraph (4)) in a wall setback area (an area of land between a line indicating the restricted limit of a wall location and the outer boundary of the site where the restriction on wall location is set forth in a city plan for the landscape district concerned; the same shall apply hereinafter in paragraph (4)). In this case, in a Landscape Planning Area covered by a Landscape Plan for which matters equivalent to the foregoing restrictions are specified, the said ordinance shall be formulated so as not to interfere with the development of a good landscape under the said Landscape Plan.

(2) An ordinance pursuant to the first sentence of the preceding paragraph specifying restrictions on Design Features of structures (hereinafter referred to as an "Ordinance concerning Restrictions on Structures in Landscape Districts") may include provisions on the certification of plans by the mayor of the municipality concerned, measures to remedy violating structures, and other measures necessary for the enforcement of the said ordinance in accordance with the provisions of Articles 63, 64, 66, and 68 and the preceding article.

(3) The provisions of the preceding paragraph shall not preclude the stipulation of necessary provisions in an Ordinance concerning Restrictions on Structures in Landscape Districts on the procedure of examination for certification by a municipal mayor prescribed in the said Ordinance in accordance with the provisions of Article 63, paragraph (2), and Article 66, paragraph (3), unless such necessary provisions violate the provisions of the said paragraphs of Articles 63 and 66.

(4) An Ordinance concerning Restrictions on Structures in Landscape Districts specifying the maximum or minimum height limit, or restrictions on the placement of a structure in a wall setback area concerning structures may include provisions on measures of remedy against violating structures and other measures necessary for the enforcement of the Ordinance, in accordance with the provisions of Article 64 and the preceding article.

(5) An Ordinance concerning Restrictions on Structures in Landscape Districts may include a provision to the effect that a municipal mayor who has rendered a disposition equivalent to any of those prescribed in Article 64, paragraph (1), pursuant to the said Ordinance shall report the name or trade name, address, and other matters specified by an Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism with respect to the contractor engaged in the construction of the structure subject to the said disposition to the Minister of Land, Infrastructure, Transport, and Tourism or the prefectural governor who is responsible for the supervision of the said contractor pursuant to the provisions of the Construction Business Act.

(6) When the Minister of Land, Infrastructure, Transport, and Tourism or a prefectural governor receives a notice prescribed in the preceding paragraph pursuant to the provisions of an Ordinance concerning Restrictions on Structures in Landscape Districts enacted under the preceding paragraph, the Minister of Land, Infrastructure, Transport, and Tourism or the prefectural governor shall without delay take necessary measures, such as suspension of business under the Construction Business Act against the contractor with respect to which the said notice has been given and notify the municipal mayor who has given the said notice of the results of the measures taken.

(Restrictions on Acts of Development, etc.)

Article 73 (1) A municipality may, in accordance with the standards specified by Cabinet Order, regulate by means of an ordinance any of the acts of development as prescribed in Article 4, paragraph (12), of the City Planning Act (hereinafter referred to as "Acts of Development" in the following section) and other acts specified by Cabinet Order as necessary for the development of a good landscape.

(2) The provisions of Article 51 of the City Planning Act shall apply mutatis mutandis to an objection to any disposition rendered pursuant to an ordinance enacted under the preceding paragraph.

Section 2 Quasi-Landscape Districts

(Designation of Quasi-Landscape Districts)

Article 74 (1) A municipality may designate an area in a landscape district located outside of a City Planning Area and a Quasi-City Planning Area in which a considerable number of Buildings have been built and a good landscape has currently been formed as a Quasi-Landscape District in order to conserve the landscape of the said area.

(2) When a municipality intends to designate a Quasi-Landscape District, the said municipality shall in advance give a public notice to that effect pursuant to the provisions of the relevant Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism and make a proposal for the designation of the said Quasi-Landscape District and a document stating the reason for the proposed designation for public inspection for a period of two weeks from the date of the said public notice.

(3) In the case of a public notice prescribed in the preceding paragraph, residents and interested parties may, by the date of expiry of the public inspection period, submit a written opinion on the proposal for designation of a Quasi-Landscape District that is made available for public inspection to the municipality concerned.

(4) When a municipality intends to designate a Quasi-Landscape District pursuant to the provisions of paragraph (1), the said municipality shall in advance consult with the prefectural governor concerned on the proposed designation by submitting a copy of all written opinions submitted pursuant to the provisions of the preceding paragraph. In this case, a town or village shall obtain the consent of the said prefectural governor.

(5) The designation of a Quasi-Landscape District shall be made by issuing a public notice as prescribed by Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism.

(6) The provisions of the each of the preceding paragraphs shall apply mutatis mutandis to any alteration of a Quasi-Landscape District.

(Regulation of Acts in Quasi-Landscape Districts)

Article 75 (1) A municipality may regulate Buildings and structures in a Quasi-Landscape District as necessary (excluding the regulation of Buildings pursuant to the provisions of Article 68-9, paragraph (2), of the Building Standards Act) for the conservation of a good landscape, in accordance with the standards specified by Cabinet Order in a manner equivalent to the regulation of Buildings and structures in a landscape district by enacting a municipal ordinance.

(2) A municipality may, pursuant to the standards specified by Cabinet Order, regulate by means of an ordinance any Acts of Development and other acts in a Quasi-Landscape District specified by Cabinet Order as necessary for the conservation of a good landscape.

(3) The provisions of Article 51 of the City Planning Act shall apply mutatis mutandis to an objection to any disposition rendered pursuant to an ordinance under the preceding paragraph.

Section 3 Restrictions on Design Features of Buildings, etc., in Areas Covered by District Plans, etc.

Article 76 (1) A municipality may, with respect to Design Features of Buildings and structures in an area covered by a district plan, etc., (limited to an area for which restrictions on Design Features of Buildings or structures (hereinafter in this Article referred to as "Buildings, etc.") are stipulated under a district development plan, specified building district improvement plan, disaster prevention block improvement zone plan, historic scene maintenance enhancement district improvement plan, roadside development plan, or rural area district improvement plan), enact, in accordance with the standards prescribed by Cabinet Order, an ordinance stipulating that all Design Features of Buildings, etc., shall comply with the restrictions on Design Features of Buildings, etc., specified for the area covered by the said district plan, etc.

(2) Restrictions under the provisions of the preceding paragraph shall be imposed to the extent reasonably necessary for the development of a good landscape appropriate for the characteristics of the area covered by the said district plan, etc., in consideration of factors such as the needs in the use of Buildings, etc., and the state of land use in the area concerned.

(3) An ordinance enacted pursuant to the provisions of paragraph (1) (hereinafter referred to as an "Ordinance on Design Features of District Plans, etc.") may include provisions on the certification of plans by the mayor of the municipality concerned, measures of remedy against violating Buildings or structures, and other measures necessary for the enforcement of the said ordinance in accordance with the provisions of Articles 63, 64, 66, 68, and 71.

(4) The provisions of the preceding paragraph shall not preclude the stipulation of necessary provisions in an Ordinance on Design Features of District Plans, etc., with respect to the examination procedures for certification by a municipal mayor prescribed in the said Ordinance in accordance with the provisions of Article 63, paragraph (2), and Article 66, paragraph (3), unless such necessary provisions violate the provisions of the said two articles.

(5) An Ordinance on Design Features of District Plans, etc., may include a provision to the effect that a municipal mayor who renders a disposition equivalent to any of those prescribed in Article 64, paragraph (1), pursuant to the said Ordinance shall report the name or trade name, address, and other matters specified by an Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism with respect to the designer, construction supervisor, or construction contractor of the Building subject to the said disposition or the real estate transaction business operator engaged in a transaction relating to a Building Lots and Buildings Transaction Business involving the said Building to the Minister of Land, Infrastructure, Transport, and Tourism or the prefectural governor who is responsible for the supervision of the foregoing persons pursuant to the provisions of the Act on Architects and Building Engineers, the Construction Business Act, or the Building Lots and Buildings Transaction Business Act if the said disposition relates to the Building, etc., of a Building; or report the name or trade name, address, and other matters specified by an Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism with respect to the contractor engaged in the Construction, etc., of the structure subject to the said disposition to the Minister of Land, Infrastructure, Transport, and Tourism or the prefectural governor who is responsible for the supervision of the said contractor pursuant to the provisions of the Construction Business Act if the said disposition relates to the Construction, etc., of a structure.

(6) When the Minister of Land, Infrastructure, Transport, and Tourism or a prefectural governor receives a notice prescribed in the preceding paragraph pursuant to the provisions of an Ordinance on Design Features of District Plans, etc., enacted under the provisions of the preceding paragraph, the said Minister or the prefectural governor shall without delay take necessary measures, such as the suspension of business under the Act on Architects and Building Engineers, the Construction Business Act, or the Building Lots and Buildings Transaction Business Act against the person with respect to whom the said notice has been given and notify the municipal mayor who has made the said notice of the results of the measures taken.

Section 4 Miscellaneous Provisions

(Relaxation of Restrictions on Temporary Buildings or Temporary Structures)

Article 77 (1) In the event of an extraordinary disaster in the area affected by the said disaster and adjoining areas specified by the municipal mayor concerned, the provisions of this chapter shall not apply to the emergency repair of Buildings or structures damaged by the said disaster or the Building, etc., of emergency temporary Buildings or the Construction, etc., or installation of emergency temporary structures falling under any of the items listed below that starts within one month from the day of occurrence of the said disaster.

(i) A Building or structure the Building, etc., Construction, etc., or installation of which is carried out by the national government, a local government, or the Japanese Red Cross Society for the purpose of disaster relief

(ii) A Building with a total floor area not exceeding the size specified by Cabinet Order the Building, etc., of which is carried out by a person affected by a disaster for his or her own use

(2) The provisions of this chapter shall not apply to stations, public offices, and any other similar emergency temporary Buildings or emergency temporary structures for usages required for the public interest with respect to which the Building, etc., Construction, etc., or installation is carried out in the event of any disaster or offices, construction sheds, material yards, and other similar temporary Buildings or structures set up at construction sites for the purpose of construction work.

(3) In cases where a person who has carried out the Building, etc., of an emergency temporary Building or the Construction, etc., of an emergency temporary structure prescribed in the preceding two paragraphs intends to retain the said Building or structure beyond three months after the completion thereof without being subject to the application of the provisions of this chapter, the said person shall obtain a permission from the municipal mayor concerned before three months elapse after the said completion; provided, however, that in cases where an application for the said permission is made and no disposition is rendered in response to such application before three months elapse after the said completion, the said Building or structure may be retained without being subject to the application of the provisions of this chapter until the said disposition is rendered.

(4) In cases where an application for permission prescribed in the preceding paragraph is made, if the municipal mayor concerned finds that the development of a good landscape is not materially interfered with, he or she may grant the permission for a period of up to two years.

(5) In cases where an application for permission prescribed in paragraph (3) is made, if the municipal mayor concerned finds it necessary for the development of a good landscape, he or she may attach conditions to the permission to be granted.

(Recommendation, Advice, or Assistance by the Minister of the Land, Infrastructure and Transport and Prefectural Governors)

Article 78 (1) A municipal mayor may seek necessary advice or assistance from the prefectural governor concerned or the Minister of Land, Infrastructure, Transport, and Tourism on the application of the provisions of this chapter.

(2) The Minister of Land, Infrastructure, Transport, and Tourism and a prefectural governor may provide the municipal mayor concerned with the necessary recommendation, advice, or assistance concerning the application of the provisions of this chapter.

(Instructions to Municipal Mayors)

Article 79 (1) In cases where a municipal mayor violates any of the provisions of this chapter or provisions of any order under the said provisions or fails to render any disposition under the said provisions, if the Minister of Land, Infrastructure, Transport, and Tourism finds it necessary in connection with any Building that is important for the national interest, the said Minister may instruct the said municipal mayor to take necessary measures within a period of time specified by the said Minister.

(2) Unless there is a justifiable reason not to do so, a municipal mayor shall comply with an instruction that the Minister of Land, Infrastructure, Transport, and Tourism gives pursuant to the provisions of the preceding paragraph.

(3) If a municipal mayor does not comply with an instruction prescribed in paragraph (1) within the specified period of time without any justifiable reason, the Minister of Land, Infrastructure, Transport, and Tourism may himself or herself take necessary measures in relation to the said instruction upon obtaining the confirmation as to the nonexistence of justifiable reason from the Infrastructure Development Council.

(Inspection of Documents)

Article 80 A municipal mayor shall make documents concerning the certification prescribed in of Article 63, paragraph (1), or any other disposition pursuant to the provisions of this chapter and the provisions of any order or ordinance under the said provisions of this chapter that are specified by an Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism available for inspection at a request therefor, if any, as prescribed by an Ordinance of the said Ministry.

Chapter IV Landscape Agreement

(Conclusion of Landscape Agreement)

Article 81 (1) The owners and leaseholders (or, in the case of land plots designated as provisional replotting areas pursuant to the provisions of Article 98, paragraph (1), of the Land Readjustment Act (Act No. 119 of 1954) (including cases where the said paragraph is applied mutatis mutandis under Article 83 of the Act on Special Measures concerning the Promotion of Housing and Residential Land Supply in Major Urban Areas (Act No. 67 of 1975; hereinafter referred to as the "Metropolitan Housing, etc., Supply Act"); the same shall apply hereinafter in this chapter), the owners and leaseholders of the original land plots corresponding to the said provisional replotting areas; hereinafter in this chapter referred to as "Landowners") of a group of land plots (excluding land plots used for public facilities and other land plots specified by Cabinet Order) in a landscape district may conclude an agreement concerning the development of good landscapes in the said area of land (hereinafter referred to as a "Landscape Agreement") upon an agreement of all of the Landowners concerned; provided, however, that if there is a plot of land for which a Land Lease Right has been established in an area of land designated as a provisional replotting area (the original land plots corresponding to the said provisional replotting areas in the case of land plots designated as provisional replotting areas pursuant to the provisions of Article 98, paragraph (1), of the Land Readjustment Act), the consent of the owner of the said plot of land for which the Land Lease Right has been established shall not be required.

(2) A Landscape Agreement shall stipulate the matters listed below.

(i) An area of land for which the Landscape Agreement is concluded (hereinafter referred to as a "Landscape Agreement Area")

(ii) Necessary matters among those for the development of good landscape listed below

(a) Criteria related to the Design Features of Buildings

(b) Criteria related to the site, location, size, structure, intended use, or building equipment of the Building concerned

(c) Criteria related to the location, size, structure, intended use, or Design Features of the structure

(d) Matters related to the conservation or greening of woodlands and grasslands, etc.

(e) Criteria related to the display of Outdoor Advertisements and the installation of objects on which Outdoor Advertisements are placed

(f) Matters related to the conservation or use of agricultural land

(g) Any other matters related to the development of good landscapes

(iii) The effective period of Landscape Agreement

(iv) Measures against violation of Landscape Agreement

(3) A Landscape Agreement may stipulate, in addition to the matters listed in the items of the preceding paragraph, any area of land adjacent to a Landscape Agreement Area within a Landscape Planning Area that the Landowners in the said Landscape Agreement Area desire to include in the Landscape Agreement Area concerned so as to contribute to the development of a better landscape (hereinafter referred to as a "Landscape Agreement Area Vicinity").

(4) A Landscape Agreement shall be approved by the head of the Landscape Administrative Organization concerned.

(Public Inspection of Landscape Agreement concerning Application for Approval, etc.)

Article 82 (1) When an application for approval of a Landscape Agreement under paragraph (4) of the preceding article is made, the head of the Landscape Administrative Organization concerned shall give a public notice to that effect and make the said Landscape Agreement available for inspection by persons concerned for a period of two weeks from the day of issuance of the said public notice pursuant to the relevant Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism or the Ministry of Agriculture, Forestry and Fisheries.

(2) When a public notice prescribed in the preceding paragraph is given, any of the persons concerned may submit a written opinion on the said Landscape Agreement to the head of the Landscape Administrative Organization concerned by the expiration date of the inspection period prescribed in the said paragraph.

(Approval of Landscape Agreement)

Article 83 (1) When an application for approval of a Landscape Agreement prescribed in Article 81, paragraph (4), satisfies all of the following items, the head of the Landscape Administrative Organization concerned shall approve the said Landscape Agreement.

(i) The manners of application do not violate any law or regulation.

(ii) The use of land, Buildings, or structures is not unduly restricted.

(iii) The matters listed in the items of paragraph (2) of Article 81 (and, if a Landscape Agreement Area Vicinity is stipulated in the said Landscape Agreement, matters related to the said Landscape Agreement Area Vicinity) conform to the criteria specified by Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism or the Ministry of Agriculture, Forestry and Fisheries.

(2) When the head of a Landscape Administrative Organization that is a municipality without a district construction surveyor prescribed in Article 4, paragraph (1), of the Building Standards Act intends to grant an approval under the preceding paragraph for a Landscape Agreement stipulating matters listed in Article 81, paragraph (2), item (ii), (b), hereof, he or she shall consult with the prefectural governor concerned by submitting a copy of all written opinions submitted pursuant to the provisions of paragraph (2) of the preceding article.

(3) When the head of a Landscape Administrative Organization has granted an approval under paragraph (1), he or she shall give a public notice to that effect as prescribed by Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism or the Ministry of Agriculture, Forestry and Fisheries, make a copy of the Landscape Agreement concerned available at the office of the said Landscape Administrative Organization for public inspection, and clearly indicate in the area concerned that the said area is a Landscape Agreement Area.

(Amendment of Landscape Agreement)

Article 84 (1) When Landowners in a Landscape Agreement Area (excluding any person who is not bound by the Landscape Agreement concerned) intend to change any of the matters stipulated in a Landscape Agreement, the said Landowners shall stipulate the provision to that effect upon agreement of all of the Landowners and obtain the approval of the head of the Landscape Administrative Organization concerned.

(2) The provisions of the preceding two articles shall apply mutatis mutandis to the approval for change prescribed in the preceding paragraph.

(Exclusion from Landscape Agreement Area)

Article 85 (1) If a Land Lease Right with respect to all or part of a plot of land in a Landscape Agreement Area (or, in the case of a plot of land designated as a provisional replotting area pursuant to the provisions of Article 98, paragraph (1), of the Land Readjustment Act, the original plot of land corresponding to the said replotting area) owned by a person who is not bound by the said Landscape Agreement is extinguished, the plot of land subject to that extinguished Right of Lease (or, in the case of an original plot of land corresponding to the land designated as a provisional replotting area pursuant to the provisions of the said article, the land designated as a provisional replotting area for the said original plot of land) shall be excluded from the said Landscape Agreement Area.

(2) If a plot of land in a Landscape Agreement Area designated as a provisional replotting area pursuant to the provisions of Article 98, paragraph (1), of the Land Readjustment Act has not been set forth as a provisional replotting area in substitution for the corresponding original plot of land in a replotting plan prescribed in Article 86, paragraph (1), of the same Act or a replotting plan prescribed in Article 72, paragraph (1), of the Metropolitan Housing, etc., Supply Act, and if the said designated plot of land has not been set forth as a plot of land a part of which is to be given, as a share of co-owned land, to the owner of the corresponding original plot of land pursuant to the provisions of Article 91 paragraph (3) of the Land Readjustment Act (including cases where the said paragraph is applied mutatis mutandis under Article 82 of the Metropolitan Housing, etc., Supply Act), the said designated plot of land shall be excluded from the Landscape Agreement Area concerned as of the end of the day of public notice prescribed in Article 103, paragraph (4), of the Land Readjustment Act (including cases where the said paragraph is applied mutatis mutandis under Article 83 of the Metropolitan Housing, etc., Supply Act).

(3) If a plot of land in a Landscape Agreement Area has been excluded from the said Landscape Agreement Area pursuant to the provisions of the preceding two paragraphs, the former holders of the Land Lease Right concerned or the Landowners of the original plot of land corresponding to the plot of land that used to be designated as provisional replotting area (excluding persons who are not bound by the said Landscape Agreement) shall without delay give a notice to that effect to the head of the Landscape Administrative Organization concerned.

(4) The provisions of Article 83, paragraph (3), shall apply mutatis mutandis in cases where a notice is given pursuant to the preceding paragraph or in other cases where the head of a Landscape Administrative Organization comes to know that a plot of land has been excluded from the said Landscape Agreement Area pursuant to the provisions of paragraph (1) or (2).

(Effect of Landscape Agreement)

Article 86 A Landscape Agreement for which a public notice of approval prescribed in Article 83 paragraph (3) (including cases where the said paragraph is applied mutatis mutandis under Article 84, paragraph (2)) is given shall be effective against any person who becomes a Landowner (excluding any person who succeeds to the ownership to the plot of land previously owned by a person was not a party to the agreement pursuant to Article 81, paragraph (1), or Article 84, paragraph (1), concerning the Landscape Agreement) of a plot of land in the Landscape Agreement Area concerned after the issuance of the said public notice.

(Procedure for joining Landscape Agreement after Public Notice on Approval, etc.)

Article 87 (1) An owner of land in a Landscape Agreement Area (or, in the case of a plot of land designated as a provisional replotting area pursuant to the provisions of Article 98, paragraph (1), of the Land Readjustment Act, an owner of the original plot of land corresponding to the said replotting area) who is not bound by the Landscape Agreement concerned may become a party to the said Landscape Agreement by indicating his or her intention to that effect in writing to the head of the Landscape Administrative Organization concerned at any time after the issuance of the public notice of approval prescribed in Article 83, paragraph (3), (including cases where the said paragraph is applied mutatis mutandis under Article 84, paragraph (2)).

(2) The Landowners of plots of land in the area of Landscape Agreement Area Vicinity may become a party to the Landscape Agreement concerned, upon agreement of all of the Landowners of the said plots of land, by indicating their intention to that effect in writing to the head of the Landscape Administrative Organization concerned at any time after the issuance of the public notice of approval prescribed in Article 83, paragraph (3), (including cases where the said paragraph is applied mutatis mutandis under Article 84, paragraph (2)); provided, however, that if there is a plot of land subject to a Land Lease Right in the said land area (or, in the case of an area of land designated as a provisional replotting area under the provisions of Article 98, paragraph (1), of the Land Readjustment Act, the original plot of land corresponding to the said designated replotting area), the consent of the owner of the said plot of land subject to the Land Lease Right shall not be required.

(3) Any plots of land in an area of Landscape Agreement Area Vicinity with respect to which the Landowners concerned indicate their intention pursuant to the preceding paragraph shall become a part of the Landscape Agreement Area concerned upon the indication of the said intention.

(4) The provisions of paragraph (3) of Article 83 shall apply mutatis mutandis in cases where the indication of intention as prescribed in paragraph (1) or paragraph (2) has been made.

(5) A Landscape Agreement shall be effective against any person who, after the issuance of the public notice prescribed in Article 83, paragraph (3), as applied mutatis mutandis under the preceding paragraph, becomes a Landowner (excluding any person who succeeds to the ownership to the plot of land previously owned by a person who was not a party to the agreement pursuant to paragraph (2) concerning the Landscape Agreement and any person to whom the provisions of the preceding Article apply) of a plot of land in the Landscape Agreement Area concerned that a person who became a party to the said Landscape Agreement pursuant to paragraphs (1) and (2) owned or held a Land Lease Right thereof at the time (or, in the case of a plot of land designated as a provisional replotting area under the provisions of Article 98, paragraph (1), of the Land Readjustment Act, the corresponding original plot of land concerned).

(Termination of Landscape Agreement)

Article 88 (1) When Landowners in a Landscape Agreement Area (excluding persons who are not bound by the said Landscape Agreement) intend to terminate a Landscape Agreement for which an approval prescribed in Article 81, paragraph (4), or Article 84, paragraph (1), is obtained, the said Landowners shall make a decision to that effect by the agreement of a simple majority of the said Landowners and obtain the approval of the head of the Landscape Administrative Organization concerned.

(2) When the head of a Landscape Administrative Organization grants an approval prescribed in the preceding paragraph, he or she shall give a public notice to that effect.

(Treatment of Co-owners of Land)

Article 89 In cases where a plot of land or a Land Lease Right belongs to more than one person, for the purpose of application of the provisions of Article 81, paragraph (1); Article 84, paragraph (1); paragraphs (1) and (2) of Article 87, and paragraph (1) of the preceding article, all the co-owners concerned shall be deemed to jointly constitute a single owner or a single holder of the Land Lease Right.

(Establishment of Landscape Agreement by Single Owner)

Article 90 (1) When there is no Landowners other than the said single owner with respect to a group of plots of land (excluding any plot of land specified by Cabinet Order pursuant to Article 81, paragraph (1)) in a Landscape Planning Area, if the said single owner finds it necessary for the development of a good landscape, he or she may conclude a Landscape Agreement to make the said area of land a Landscape Agreement Area upon the approval of the head of Landscape Administrative Organization concerned.

(2) The head of a Landscape Administrative Organization shall, only in cases where he or she finds that the application for approval of a Landscape Agreement prescribed in the preceding paragraph satisfies all of the items of paragraph (1) of Article 83 and that the said Landscape Agreement is necessary for the development of a good landscape, approve the Landscape Agreement.

(3) The provisions of paragraphs (2) and (3) of Article 83 shall apply mutatis mutandis to an approval under the provisions of the preceding paragraph.

(4) A Landscape Agreement that has been approved pursuant to paragraph (2) shall, when two or more Landowners of the plot of land in the Landscape Agreement Area concerned come to exist within three years from the day of the said approval, become a Landscape Agreement with the same effect as that of a Landscape Agreement for which a public notice of approval under the provisions of Article 83, paragraph (3), is given.

(Position of Lessee, etc.)

Article 91 (1) In cases where any of the matters stipulated in a Landscape Agreement relates to the authority of a lessee of a Building or structure, the lessee of the said Building or structure shall be deemed to be a Landowner, and the provisions of this chapter shall apply to the said Landscape Agreement.

(2) In cases where any matter relating to the conservation or use of agricultural land is stipulated in a Landscape Agreement, any person who holds any right for the purpose of use or making of profits including but not limited to a right of superficies, emphyteusis, right of pledge, right of lease, or right created by loan for use shall be deemed to be a Landowner, and the provisions of this chapter shall apply to the said Landscape Agreement.

Chapter V Landscape Management Corporation

(Designation)

Article 92 (1) The head of a Landscape Administrative Organization may designate a general incorporated association, or a general incorporated foundation or a specified nonprofit corporation under Article 2, paragraph (2), of the Act on Promotion of Specified Nonprofit Activities that is found by the said head to be capable of properly and reliably performing the duties prescribed in the following Article as a Landscape Management Corporation (hereinafter referred to as a "Corporation") at the request of the foregoing association, foundation or corporation.

(2) When the head of a Landscape Administrative Organization has made a designation prescribed in the preceding paragraph, he or she shall give a public notice of the name, address, and office location of the Corporation concerned.

(3) When a Corporation intends to change its name, address, or office location, the said Corporation shall in advance notify the head of the Landscape Administrative Organization concerned to that effect.

(4) When a notification prescribed in the preceding paragraph has been made, the head of the Landscape Administrative Organization concerned shall give a public notice of the matters concerning the said notification.

(Duties of Corporation)

Article 93 A Corporation shall perform the duties listed below:

(i) The provision of assistance to a person who conducts a business of development of good landscape including but not limited to the dispatch of persons with knowledge on the said business, provision of information, and consultation

(ii) The management of structures of landscape importance or trees of landscape importance in accordance with a Management Agreement

(iii) The implementation of or participation in a business relating to a Public Facility including but not limited to a plaza forming a good landscape as an integral part thereof together with a structure of landscape importance or a business relating to a Public Facility of Landscape Importance specified in a Landscape Plan

(iv) The acquisition, management, and assignment of a plot of land capable of being utilized for a business prescribed in the preceding item that is specified by Cabinet Order

(v) Commissioned agricultural works in order to use a plot of land in an area prescribed in Article 55, paragraph (2), item (i), in accordance with a landscape-oriented agricultural promotion area establishment plan, acquisition of right with respect to the said plot of land, and management of the said plot of land

(vi) Surveys and researches concerning the development of good landscapes

(vii) Any other duties and tasks necessary for the promotion of development of good landscapes

(Special Provisions on the Act on Advancement of Expansion of Public Lands related to the Duties of Corporation)

Article 94 The provisions of Article 4, paragraph (1), of the Act on Advancement of Expansion of Public Lands (Act No. 66 of 1972) shall not apply to any person who intends to assign a plot of land prescribed in the said paragraph for value to a Corporation for the purpose of use for any of the duties listed in item (iv) of the preceding article.

(Supervision, etc.)

Article 95 (1) When the head of a Landscape Administrative Organization finds it necessary for a proper and reliable performance of any of the duties listed in each item of Article 93, he or she may have a Corporation report on such duties.

(2) When the head of a Landscape Administrative Organization finds that a Corporation is not performing any of the duties listed in each item of Article 93 properly and reliably, he or she may order the Corporation to take measures necessary for the improvement of performance of such duties.

(3) In the event that a Corporation violates an order prescribed in the preceding paragraph, the head of the Landscape Administrative Organization concerned may cancel the designation pursuant to the provisions of Article 92, paragraph (1), of the said Corporation.

(4) When the head of a Landscape Administrative Organization has canceled a designation pursuant to the provisions of the preceding paragraph, he or she shall give a public notice to that effect.

(Provision of Information, etc.)

Article 96 The national government and the local government concerned shall provide a Corporation with information, guidance, or advice necessary for the performance of its duties.

Chapter VI Miscellaneous Provisions

(Delegation of Authority)

Article 97 The authority of the Minister of Land, Infrastructure, Transport, and Tourism set forth in this Act may be delegated, in part, to the Director-General of a Regional Development Bureau or the Director-General of the Hokkaido Development Bureau as prescribed by Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism.

(Execution of Landscape Administration Duties by Municipalities)

Article 98 (1) A municipality other than an Ordinance-Designated City or Core City may execute Landscape Administration Duties in its municipal area on behalf of the prefecture concerned.

(2) The head of a municipality that intends to execute Landscape Administration Duties pursuant to the provisions of the preceding paragraph shall in advance consult with the prefectural governor concerned on the said execution.

(3) In cases where the head of a municipality has made a consultation pursuant to the provisions of the preceding paragraph, the municipality concerned shall give a public notice on the execution of the Landscape Administrative Duties no later than thirty days before the commencement of the said execution, as prescribed by an Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism, the Ministry of Agriculture, Forestry and Fisheries, or the Ministry of the Environment.

(Delegation to Cabinet Orders)

Article 99 The matters necessary for the implementation of this Act, other than those set forth in this Act shall be prescribed by Cabinet Order.

(Transitional Measures)

Article 100 In the case of enactment, revision or abolition of an order pursuant to the provisions of this Act, transitional measures required (including transitional measures concerning penal provisions) may be stipulated in the order to the extent reasonably necessary for the enactment, revision, or abolition thereof.

Chapter VII Penal Provisions

Article 101 A person who violates an order of the head of a Landscape Administrative Organization pursuant to the provisions of Article 17, paragraph (5), or an order of the mayor of a municipality under the provisions of Article 64, paragraph (1), shall be punished by imprisonment with work for not more than one year or a fine of not more than five hundred thousand yen.

Article 102 A person who falls under any of the following items shall be punished by a fine of not more than five hundred thousand yen:

(i) a person who violates an order of the head of a Landscape Administrative Organization under the provisions of Article 17, paragraph (1), or a person who violates an order of the mayor of a municipality under the provisions of Article 70, paragraph (1);

(ii) a person who, in violation of the provisions of Article 63, paragraph (1), has failed to submit an application or has submitted an false application;

(iii) a person who has carried out the Building, etc., of a Building in violation of the provisions of Article 63, paragraph (4); or

(iv) a person who has made an emergency temporary Building or emergency temporary structure remain in violation of the provisions of Article 77, paragraph (3).

Article 103 A person who falls under any of the following items shall be punished by a fine of not more than three hundred thousand yen:

(i) a person who, in violation of the provisions of paragraph (1) or (2) of Article 16, has failed to make a notification or has made a false notification;

(ii) a person who has failed to make a report pursuant to the provisions of Article 17, paragraph (7), or Article 71, paragraph (1), or has made a false report;

(iii) a person who has refused, interfered with or evaded an on-site inspection or on-site investigation pursuant to the provisions of Article 17, paragraph (7), or an on-site inspection pursuant to the provisions of Article 71, paragraph (1);

(iv) a person who, in violation of the provisions of Article 18, paragraph (1), has commenced any act related to a notification under the said provision;

(v) a person who has committed any act in violation of the provisions of Article 22, paragraph (1), or Article 31, paragraph (1);

(vi) a person who has violated any of the conditions attached to a permission under the provisions of Article 22, paragraph (3) (including cases where the said paragraph is applied mutatis mutandis under the provisions of Article 31, paragraph (2));

(vii) a person who has violated an order of the head of a Landscape Administrative Organization under the provisions of Article 23, paragraph (1) (including cases where the said paragraph is applied mutatis mutandis under Article 32, paragraph (1)); or

(viii) a person who has, in violation of the provisions of Article 68, failed to indicate the fact of certification or failed to keep a copy of the certified plan.

Article 104 If the representative of a juridical person, or an agent, employee or any other worker of a juridical person or individual has committed any act in violation of any of the preceding two Articles with regard to the business of the said juridical person or individual, not only the offender but also the said juridical person or individual shall be punished by the fine prescribed in the respective Article.

Article 105 Any person who has violated an order of the head of a Landscape Administrative Organization under the provisions of Article 26 or 34 shall be punished by a petty fine of not more than three hundred thousand yen.

Article 106 Any person who has failed to make a report as prescribed in Article 45 or has made a false report shall be punished by a petty fine of not more than two hundred thousand yen.

Article 107 Any person who has failed to make a notification or has made a false notification in violation of the provisions of Article 43 shall be punished by a petty fine of not more than fifty thousand yen.

Article 108 Any ordinance enacted pursuant to the provisions of Article 72, paragraph (1); Article 73, paragraph (1); paragraph (1) or paragraph (2) of Article 75, or Article 76, paragraph (1), may include a provision to the effect that any person who has violated any of the said provisions shall be punished by a fine of not more than five hundred thousand yen.