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What is the Embankment Regulation Law?

Experts explain "Embankment DX," which supports local governments nationwide.

On May 26, 2023, the "Land Development and Specific Embankment Regulation Law" (commonly known as the "Embankment Regulation Law") came into effect. This law is a complete revision of the "Land Development Regulation Law" enacted in 1961, the first such revision in approximately 60 years. The role of local public organizations has become extremely important, and initiatives for "embankment DX," such as introducing new management systems, are indispensable. We spoke with four people from PACIFIC CONSULTANTS' Embankment Regulation Law Related Project Team, Project Project Management Dept. who support projects related to the Embankment Regulation Law: Hirokazu KADOTA, Chiyoshi MINAMI, Ryohei SANDA (Information Policy Office, Social Innovation Division, Kyushu Headquarters), and Naohiro TOGAWA (currently at the Ministry of Land, Infrastructure, Transport and Tourism and other project management office, PM/CM Division, Project Management Division).

INDEX

Background of the enactment of the Land Reclamation Regulation Law

On July 3, 2021, heavy rains associated with the rainy season front caused a debris flow in the Aizome River in the Izusan district of Atami City, resulting in a major disaster with 53 houses completely destroyed, 27 deaths (including 1 disaster-related death), and 1 person missing (as of June 24, 2022) *. What attracted attention was the embankment located near the starting point of the debris flow, as almost all of the approximately 55,500 m³ of soil that collapsed originated from this embankment. While the causes of the extensive damage and the management of the embankment are still being debated, the government, taking seriously the fact that there were areas where regulations regarding dangerous embankments were not necessarily sufficient, has taken action with a strong determination to prevent similar disasters from happening again, recognizing that preventing landslides caused by illegal embankments, embankments constructed using inappropriate methods, and their inadequate management is an urgent issue.

* Report on the Investigation and Verification of the Cause of the Aihasagawa Debris Flow, September 8, 2022, Shizuoka Prefecture

Occurrence immediately after the collapse
Occurrence immediately after the collapse
source: Report on the Investigation and Verification of the Cause of the Aihasagawa Debris Flow (September 8, 2022, Shizuoka Prefecture)

The central change was the fundamental revision of the "Land Development Regulation Law" (hereinafter referred to as the "Old Law"), which was enacted in 1961, and the change of its name to the "Land Development and Specific Embankment Regulation Law (Embankment Regulation Law)." The Old Law was enacted in response to the increase in landslides and sediment-related disasters that occurred along with the rapid increase in land development from the late 1950s, with the aim of implementing necessary regulations to prevent disasters. Prefectural governors and the heads of designated cities, core cities, and special cities were to designate "Land Development Construction Regulation Areas." Land development work within these areas required the governor's permission, and the work had to comply with the technical standards stipulated by government ordinance and include necessary measures to prevent disasters.

Subsequently, the Great Hanshin-Awaji Earthquake of 1995 and the Niigata Prefecture Chuetsu Earthquake of 2004 revealed the existence of embankment construction sites at risk of collapse. As a result, some revisions were made in 2006, including clarifying the technical standards for ensuring earthquake resistance. However, this latest revision is the most fundamental since the enactment of the old law.

Key points of the legal amendment

The main revisions are as follows:

(1) Expand the scope of regulation Regardless of land use (residential land, agricultural land, forest, etc.), areas where embankments or other construction could cause damage to houses or other structures are designated as regulated areas by the prefectural governor or other relevant authority.
- The permit will be granted for embankment and other earthworks carried out within the regulated area, including the creation of farmland and forests, and the temporary accumulation of soil and rock.
(2) Ensuring safety - Establish necessary permit standards for disaster prevention according to the topography, geology, etc. of the area where embankment work will be carried out.
To confirm that safety measures are being implemented in accordance with the permit standards, we conduct "periodic reports on the construction status," "intermediate inspections during construction," and "final inspections upon completion of construction."
(3) Clarification of responsibility - Clarify that landowners and others have a responsibility to maintain land where embankments or other construction work has been carried out in a safe condition.
- When necessary to prevent disasters, corrective measures can be ordered not only from landowners but also from those responsible for the cause of the damage.
(4) Setting penalties - Strengthen penalties for unauthorized activities and violations of orders.
(Maximum penalty: imprisonment for up to 3 years, fine of up to 10 million yen, and corporate penalties of up to 300 million yen)

Under the old law, the area of regulated zones (land development construction regulation zones) covered only about 2.7% of the country's land area. However, under the revised Land Embankment Regulation Law, forests and agricultural land other than residential land are also subject to regulation. Furthermore, areas where houses are clustered together and are deemed to pose a risk of harm will be designated as "land development construction regulation zones," including adjacent and nearby areas. In addition, areas that are far from urban areas or settlements but could pose a risk to houses due to topographical conditions will be designated as "specific land embankment regulation zones." The national government is calling on prefectures making the designations to "designate as wide a range of risky areas as possible as regulated zones." In fact, about 90% of the designation work will be completed by fiscal year 2025, and it is expected that the regulated zones will rapidly expand to cover 70-80% of the country's land area. Moreover, the regulated land embankments will now include soil disposal and temporary accumulation, and comprehensive regulations will be implemented based on uniform standards nationwide.

Areas subject to regulations under the Embankment Regulation Law
The areas subject to regulations under the Embankment Regulation Law are rapidly expanding.
Based on existing materials, some additions have been made by our company.
source: Overview of the Embankment Regulation Law 3. Overview of the 2022 Amendment (Ministry of Land, Infrastructure, Transport and Tourism)

Image of areas subject to restrictions on land development and construction work, and areas subject to specific embankment regulations.
Image of areas subject to restrictions on land development and construction work, and areas subject to specific embankment regulations.
source: Embankment Regulation Law Pamphlet (General Use) (Ministry of Land, Infrastructure, Transport and Tourism)

A massive amount of paperwork is required for both newly constructed and existing embankments.

Along with the expansion of regulated areas and the scope of regulation, stricter procedures are now required for permitting and managing embankments.

New Embankment Construction Project

When altering the land's characteristics (embankment or excavation) or temporarily depositing soil and rock within a regulated area, the following procedures are required.

1. Before applying for permission
  • Consent of all landowners
  • Prior notification to local residents through explanatory meetings, etc.
2. Construction permit application and approval
  • It conforms to the established safety standards / The client has the necessary financial resources and creditworthiness / The contractor has the necessary capabilities
  • Permission from the prefectural governor, etc.
3. Commencement of construction
  • Presenting the permit
  • Regular reports every three months
  • Interim inspection conducted
  • Completion inspection after construction is finished
4. Follow-up observation
  • Follow-up monitoring at a frequency appropriate to the risk of fluctuations, etc.

Existing embankment

The following measures will be required for existing embankments within the regulated area.

1. Survey of existing embankment distribution
  • Collection of topographic data and satellite data before and after construction.
  • Extraction of embankments, etc.
2. Determining the necessity of emergency measures
  • If necessary
    →After implementing emergency measures such as covering with a sheet, proceed to STEP 3.
  • If not needed, proceed to STEP 3.
3. Prioritization of safety assessment surveys
  • Confirmation of the distance from the protected area according to the type of embankment, etc.
  • Check the condition of the embankment, etc., on-site.
  • Prioritization (classified into three categories: "No action required for the time being," "Monitoring," and "Safety assessment required")
4. Conduct a safety assessment survey.
  • Ground surveys and stability calculations will be conducted. If safety is confirmed, the site will move to observation.
  • If safety measures are required, proceed to STEP 5.
5. Implement safety measures.
  • Measures to prevent disasters related to embankments and other construction work will be implemented, and the situation will be moved to a monitoring phase.

Permit and management tasks required of local governments

The implementation of the Land Reclamation Regulation Law, driven by the government's strong determination to "never again let a disaster like the one in the Izusan district of Atami City happen," has drastically expanded the scope and targets of previous regulations and imposed stricter procedures, thus requiring various new initiatives from landowners, developers, and local governments responsible for permits and management.

In particular, the 129 local governments, including prefectures, designated cities, and core cities, have the authority and obligation to designate "regulated areas" and restrict dangerous embankments in order to ensure safety within their respective areas *.

It is estimated that there are approximately 51,300 existing embankments in large-scale embankment construction areas alone that require new distribution surveys, and that there are more than 36,000 other existing embankments. While it is said that 60% of the necessary safety assessment surveys for large-scale embankment construction areas will have started by the end of fiscal year 2025, and that surveys for other existing embankments are being started sequentially with completion targeted for fiscal year 2032, the workload is enormous. In parallel, there are also periodic monitoring and ad-hoc surveys that will be necessary in the event of a major earthquake or heavy rainfall.

* Source: Progress report on the designation of regulated areas based on the Embankment Regulation Law (Forestry Agency)

Furthermore, each local government will need to accept applications for new embankment projects, in addition to addressing existing embankments. Preliminary consultations are expected, and after acceptance, complex reviews may be required, or corrective actions may be requested. After the permit is issued, intermediate inspections, final inspections, and continuous monitoring must be carried out. It is estimated that there are at least 10,000 new applications nationwide each year, meaning that each local government will receive nearly 100 applications in a simple calculation. Moreover, since accepted projects will accumulate as existing embankments requiring continuous management, embankment-related work will expand year by year.

The need to promote "embankment DX" and PACIFIC CONSULTANTS' initiatives

Given the complexity and sheer volume of work involved in tasks related to the Embankment Regulation Law, it is essential to steadily advance digital transformation (DX) to ensure efficient application processing and review, as well as thorough and reliable management. Traditional paper-based file management for each individual site is inefficient for tasks that proceed simultaneously and in separate phases. Furthermore, checking existing embankments and retaining walls using the current method of taking photos on-site, filling out checklists by hand, and then taking them back for organization is unsustainable as the number of cases increases rapidly. In this area as well, DX is indispensable.

PACIFIC CONSULTANTS has supported the government's project to develop the Embankment Regulation Law, including the formulation of laws and technical standards, while also creating materials such as "Explanation of the Embankment Disaster Prevention Manual: New Embankments," "Guidelines for Promoting Safety Measures for Embankments and Explanation thereof: Existing Embankments," "Guidelines for Dealing with Illegal and Dangerous Embankments," and "Embankment Regulation Law Pamphlet: For the General Public / For Businesses."

Furthermore, leveraging the knowledge gained during this process, we are developing and providing an "embankment information management system" that can be used by local governments for receiving permit applications under the Embankment Regulation Law.

The Embankment Regulation Law involves numerous procedures, each requiring different forms and proceeding according to a different schedule for each case. Even the application process itself requires an initial consultation, followed by a process of gradually correcting any deficiencies or shortcomings in the documents, and referring to relevant laws and regulations, until the application is deemed ready for approval. We have developed technology to digitize all of these processes and manage them within a system.

During development, we repeatedly refined the system to make it more user-friendly by incorporating on-site requests through proposals and other means presented to more than 15 local governments. Furthermore, the completed embankment information management system was offered as a subscription-based service, taking into account the implementation policies and operational methods of each local government, and also through a method of developing a system uniquely for each local government, leveraging the knowledge gained from the technical development. This allows us to provide detailed usage options tailored to the needs and budgets of each local government.

In response to the anticipated increase in inspection work, we have launched a new business to support the work of the inspection department. In addition, in collaboration with a surveying app company and Trion Co., Ltd., an ICT solutions company within our group, we have developed a smartphone-based mini-app called "Residential Land Retaining Wall Soundness Diagnosis System" to support the digital transformation of survey work.

Of course, in order for the smooth progress of work related to embankment regulations, support for private business sectors such as development companies that submit applications is indispensable. As part of this effort, PACIFIC CONSULTANTS is developing a web application that will allow development companies and developers planning new embankments to easily examine the location and shape of the embankment in three dimensions.

The regulations regarding landfill have changed significantly since the Landfill Regulation Act came into effect in 2023. Pacific PACIFIC CONSULTANTS will do its utmost to support the nation's comprehensive efforts to implement safety measures, ensuring their effectiveness and contributing to the safety and security of citizens' lives.

Hirokazu KADOTA

Project Management Division
Project Management Dept. Embankment Regulation Law Related Projects
General Project Manager

Joined the company in 1992. Engaged in the creation of policy and technical guidelines related to land disaster prevention and embankment regulation laws, the study of restoration measures for damaged residential land following the Great East Japan Earthquake and the Kumamoto Earthquake, and the study of seismic reinforcement of abandoned mine storage sites. After serving Geotechnical Engineering Dept., became General Project Manager in 2023. Has served as Executive Manager of the Japanese Geotechnical Society and chairman of the Soil and Geology Committee of the Japan Construction Consultants Association, and currently serves as the head of the examination department and head of the Hokuriku branch of the Japan Geotechnical Quality Assessment Association. Has published numerous articles in geotechnical engineering journals, including analyses of deformation damage in embankment construction sites, as well as writing and lecturing on embankment regulation laws. Holds a PhD in Engineering, Professional Engineer (PE) (construction sector) (Integrated Technical Management Dept.), a Class 1 Civil Engineering Construction Management Engineer, and a Geotechnical Quality Assessment Engineer.

Chiyoshi MINAMI

Project Management Div.,
Project Management Dept., Act on the regulation of embankment-related Project

Joined the company in 2015. Previously, he was a member of the survey and design team at a surveying consulting firm, where he was involved in dam survey and road widening survey and design. From 2015 to 2023, he was a member of Geotechnical Engineering Dept. In addition to topographical analysis using GIS and creating geological CIM, he was also involved in forest conservation work at Daihonzan-Eiheiji Temple. From 2023, he will be a member of the Act on the regulation of embankment-related project, where he will be involved in demonstration tests and technology development to develop an embankment-related support app and expand into new businesses in the forestry field. Surveyor.

Ryohei SANDA

Kyushu Headquarters
General Manager of Section of Information Policy Office, Kyushu SI Division

Joined the company in 2002. Worked at the Tokyo Headquarters for 11 years. Specializing in information systems in the disaster prevention field, worked on the planning, design, and construction of disaster prevention systems and erosion control information systems for Ministry of Land, Infrastructure, Transport and Tourism Infrastructure, Transport and Tourism, etc. After transferring to the Kyushu Headquarters in 2013, was involved in the planning and design of volcanic erosion control systems. Subsequently, managed the entire process from planning to implementation of autonomous driving services. Currently working on embankment systems, construction DX, etc. Qualifications: Professional Engineer (PE) (Integrated Engineering Management - Construction), Professional Engineer (PE) (construction sector- Rivers, Erosion Control and Coastal/Marine), Professional Engineer (PE) (Information Engineering Dept.- Information Systems), Certified Information Security Specialist, RCCM (Electrical and Electronic Engineering).

Naohiro TOGAWA

Project Management Division
PM/CM Division, Ministry of Land, Infrastructure, Transport and Tourism and other project management offices
Chief Project Manager

Joined the company in 2009. Engaged in investigation and review of restoration measures for residential areas affected by the Tohoku Earthquake, Kumamoto Earthquake, and Western Japan Heavy Rain, as well as client support and PM/CM operations. Geotechnical Engineering Dept. Technical Manager Later, from 2025, Chief Project Manager. In PJ related to the Embankment Regulation Act, he is also working on DX of on-site work through the development of a residential retaining wall soundness diagnosis system app. Technical Dissemination Committee Member of the Japan Society of Geotechnical Engineers and Secretary-General of the Hokuriku Branch of the Ground Quality Judges Association. Currently part of the PM/CM Business Department, engaged in Noto Peninsula Earthquake reconstruction CM work. RCCM (Geology), First-Class Civil Engineering Construction Management Engineer, Disaster Prevention Specialist.

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