Roads, rivers & public waters
Public Waters Occupancy and Use Permit Application — Managing Authority, Occupancy Fees, Permit Periods and Annexed Form No. 4 Documents
Under Article 8 of the Public Waters Management and Reclamation Act, anyone who installs artificial structures such as wharves, bridges or buildings, dredges or excavates, extracts soil or sand, or draws in or discharges water in public waters, meaning the sea, the foreshore and state-owned rivers, lakes, ditches and similar waters, must obtain an occupancy and use permit from the public waters management authority. Rivers governed by the River Act or the Small River Maintenance Act, waters within agricultural production infrastructure, and waters that are port facilities or fishing port facilities are handled under those laws instead (Article 3). The port areas of state-managed ports and the exclusive economic zone are permitted by the regional oceans and fisheries office, the port areas of locally managed ports by the city or province, and other public waters by the city, county or district. The application uses Annexed Form No. 4 of the Enforcement Rule, there is no application fee, and the processing period is 14 days where an implementation plan approval is required and 7 days where an implementation plan report is required (excluding consultation and opinion-gathering periods). Permit periods are up to 30 years for solid artificial structures, 15 years for other artificial structures and 5 years for dredging, extraction and similar uses, and occupancy and use fees are paid every year.
Procedure
1. Confirm the applicable law and the managing authority
Check with topographic and cadastral maps whether the site is sea beyond the coastline, foreshore between the coastline and registered land, or state-owned river or ditch waters. If the site is within a river area, a small river area, agricultural production infrastructure, or port or fishing port facilities, the permit procedure of that law applies instead of this Act. The regional oceans and fisheries office manages state-managed trade and coastal port areas and the exclusive economic zone, the city or province manages locally managed port areas, and the city, county or district manages the rest.
2. Identify right holders and consultation requirements
If there are right holders listed in Article 12 of the Enforcement Decree, such as existing permit holders, holders of fishery or aquaculture licenses, persons with fishing entry rights, or owners or occupants of adjacent land or structures, a permit is issued only with their consent (Article 12(2) of the Act). Also check whether the project is subject to environmental impact assessment or marine use consultation or assessment so that the consultation results can be attached on schedule.
3. Prepare and submit the application and design documents
Submit the Annexed Form No. 4 application with a business plan, area calculation drawings and design documents, a 1:25,000 topographic map or coastal information map marking the site, and a certified copy of the cadastral map. The authority consults related administrative agencies and, where necessary, hears interested parties such as fishers, and an agency asked for consultation must give its opinion within 20 days (Article 7 of the Enforcement Decree). If the requested period is within the statutory limit, at least half of the requested period is in principle granted (Article 11(3) of the Enforcement Decree).
4. Receive the permit and pay occupancy and use fees
When the permit is granted, a permit certificate in Annexed Form No. 5 is issued and the permit is publicly announced. For permits of one year or more, the fee up to the first May 31 is paid when the permit is granted, and afterwards a one-year fee is billed as of June 1 each year and paid within 20 days of the notice (Article 11 of the Enforcement Rule). For artificial structures in waters managed by the Ministry of Oceans and Fisheries the fee is based on 3/100 of the officially assessed individual land price of adjacent land, and waters managed by cities, counties and districts follow municipal ordinances within that range.
5. Implementation plan approval or report and completion
Works whose scale and total cost meet the Presidential Decree criteria require implementation plan approval within one year of the permit, and other activities require an implementation plan report within six months, before construction starts (Article 17 of the Act). After the works are finished, apply for a completion inspection or report completion, and because structures must be removed and the waters restored when the permit period ends, apply in advance for a period change permit if continued use is needed.
Required documents
- Application for public waters occupancy and use permit (Annexed Form No. 4 of the Enforcement Rule of the Public Waters Management and Reclamation Act)
- Business plan (purpose, location, area or extraction volume, period and construction method)
- Area calculation drawings and design documents (for new construction, reconstruction or extension of buildings, prepared according to Annexed Table 1 of the Enforcement Rule)
- 1:25,000 topographic map or coastal information map marking the application area (nautical chart for the exclusive economic zone)
- Certified copy of the cadastral map of the application area or adjacent land (nautical chart for territorial sea and exclusive economic zone)
- Consent of right holders related to public waters occupancy and use (where right holders under Article 12(1) of the Enforcement Decree exist)
- Environmental impact assessment consultation results or marine use consultation or assessment opinions (applicable projects only)
- Document proving the representative (joint applications by two or more persons)
Fees
Industry range of tens of thousands to hundreds of thousands of won · We provide a quote after consultation, depending on the purpose and area of occupancy, the scope of design documents and right holder consents, and whether implementation plan approval is required. There is no permit application fee, and occupancy and use fees are charged annually by the managing authority.
Legal basis and review date
- Public Waters Management and Reclamation Act Article 2
- Public Waters Management and Reclamation Act Article 3
- Public Waters Management and Reclamation Act Article 4
- Public Waters Management and Reclamation Act Article 8
- Public Waters Management and Reclamation Act Article 11
- Public Waters Management and Reclamation Act Article 12
- Public Waters Management and Reclamation Act Article 13
- Public Waters Management and Reclamation Act Article 15
- Public Waters Management and Reclamation Act Article 17
- Public Waters Management and Reclamation Act Article 21
- Public Waters Management and Reclamation Act Articles 62 and 64
- Enforcement Decree of the Public Waters Management and Reclamation Act Articles 2, 7, 11, 12, 13 and 73
- Enforcement Rule of the Public Waters Management and Reclamation Act Articles 4 and 11
- Enforcement Rule of the Public Waters Management and Reclamation Act Annexed Table 2
- Enforcement Rule of the Public Waters Management and Reclamation Act Annexed Form No. 4
- National Land Planning and Utilization Act Article 61
Check these first
- Letting another person occupy or use permitted public waters violates Article 8(8) and is punishable by imprisonment of up to 1 year or a fine of up to 10,000,000 won, and using the waters beyond the permit period without a change permit is subject to the same penalty and an indemnity charge.
- Missing the implementation plan approval deadline (one year from the permit) or report deadline (six months), or failing to pay occupancy fees, may lead to permit cancellation or an order to relocate structures, so manage deadlines from the date the permit certificate is received.
Frequently asked questions
Is there an application fee for a public waters occupancy permit?
How is the public waters occupancy fee calculated?
Do I need a public waters occupancy permit to build a bridge over a river?
What happens if I use public waters without a permit?
If I obtain a development activity permit, do I still need a separate public waters occupancy permit?
Does an administrative agent handle public waters occupancy permit applications?
Contact us
Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.
📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com
This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.
