Wuhan Basic Ecological Management Regulations

Original Language Title: 武汉市基本生态控制线管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369145.shtml

Wuhan basic ecological management regulations

    (February 20, 2012, Wuhan municipal people's Government at the 4th Executive meeting on March 16, 2012, Wuhan municipal people's Government announced order No. 224, come into force on May 1, 2012) Chapter I General provisions

    First in order to strengthen ecological and environmental protection, preventing the spread of disorder of urban construction, promotion of economic, social and ecological sustainable development in accordance with the relevant laws and regulations, combined with the city's actual, these provisions are formulated.

Within the provisions of this article apply to the administrative area of the city ecological line of demarcation, adjustment, and basic ecological line range of land use, construction activities.

Basic ecology in these rules refers to the line of control according to the defined boundaries of ecological protection.

    Ecology refers to the scope of protection referred to in the preceding paragraph is outside the urban growth boundary, with the protection of urban ecological factors, maintaining the overall urban ecological framework complete, ensuring ecological security for city functions, the need for protected areas, including ecological goal zone and ecological development area.  

Third municipal people's Government established the basic ecological line management coordination mechanisms, coordinate with basic ecological line of demarcation, adjustment and management problems arising in the work.

    The District Government (containing zone, and scenic, and chemical district management institutions, with) is maintenance its management regional within basic ecological control line full of responsibility subject, according to about legal, and regulations and regulations, according to duties organization coordination basic ecological control line within illegal construction, and illegal with to of investigation work, and is responsible for organization implementation basic ecological control line within ecological protection, and village relocation and concentrated construction, and has built project of cleanup, work.  

Fourth article planning, and land, and development reform, and Chengguan integrated law enforcement, and environmental, and forestry, and garden, and water works, and agricultural, and heritage, about administrative competent sector should according to their duties, according to following provides, do basic ecological control line of related supervision and management work: (a) planning administrative competent sector is responsible for organization prepared basic ecological control line of delineation and adjustment programme, law on basic ecological control line within of construction project implementation planning management.  

(B) land administration authorities are responsible for the law to regulate the basic ecological line of land, resumption of basic ecological line of land according to law, and do the basic ecological line of control of illegal use of land in the investigation work.  

(C) development and reform Department responsible for investment management of basic ecological line.  

(D) comprehensive urban management enforcement responsible for investigating illegal construction within the ecological line, step up inspection to prevent new illegal construction within the ecological line.  

(E) within the line of control in environmental protection Administrative Department is responsible for the basic ecological environmental impact assessment, environmental monitoring, and environmental violations in the investigation in accordance with law, and basic ecological line of total quantity control of pollutant discharge into the city's emissions, cut basic pollution load in the ecological line.  

(F) forestry, Garden administrative departments in charge according to the planning requirements for basic ecological line, forest, woodland and green areas, nature reserves and other conservation and management, organizing the implementation of green building, and to investigate and punish violations. 

    (G) water supplies, agriculture and cultural relics Administrative Department is responsible for strengthening the basic ecological line of waters, agricultural lands, supervision and management of the cultural heritage, and to investigate and punish violations.

    Fifth to encourage citizens, legal persons and other organizations engaged in environmental protection activities, report violations of the provisions of this Act.

    Chapter II the delimitation and adjustment

Basic ecological line article should be based on Wuhan City overall plan defines the protection planning and ecological framework, the following areas should be designated for eco-line area, designated eco-development zones in other regions:

(A) the level of drinking water sources, secondary reserves, scenic spots, forest parks and the core area of country parks and nature reserves;

(B) the rivers, lakes and reservoirs, wetlands, important cities in open channel and its scope of protection;

(C) the mountain slopes of more than 16 degrees and its scope of protection;

(D) highways, expressways, railways and major municipal protection of public facilities green spaces;

    (E) to maintain ecosystem integrity, the need for strict protection of basic farmland, forest land, eco-green wedge core areas, ecological corridors and other areas.

Article published basic ecological delimitation and of the line of control in accordance with the following procedure: (A) city planning administrative departments to prepare basic ecological line delimitation programme; (b) delineation of the programme should consult with municipal authorities and the district people's Government, taking feasibility study meeting, hearing or otherwise, seek the views of experts and the public, and to the public.

Announcement time 30th;

(C) delineating the programme by the Department of City Planning Administration in accordance with the opinion after the modifications are complete, the municipal planning Committee, submitted to the municipal people's Government for approval;

(D) basic ecological shall from the date of approval of the line of control in the 15th, in the city's major news media and published on the Government Web site.

    Approved basic ecological line, it should be reported to the Standing Committee of the municipal people's Congress for the record.

Article eighth national, provincial, municipal or superior planning needed for project construction, needed local adjustment of the basic ecological line shall follow the amount of reduction, compensation balance, ecological equivalent principles in accordance with the following procedures:

(A) city planning administrative departments based on national, provincial and municipal approvals for major construction projects files or adjusted basis of superior planning, and work on the argumentation of the necessity, formulated by the municipal people's Government for approval of basic ecological line adjustment programmes; (B) the adjustment programme should seek municipal people's Government departments, relevant district people's Government as well as the views of interested parties within the planning area, taking feasibility study meeting, hearing or otherwise, seek the views of experts and the public, and to the public.

Announcement time 30th;

(C) the adjustment programmes of the Department of City Planning Administration in accordance with the relevant comments after the modifications are complete, the municipal planning Committee, submitted to the municipal people's Government for approval;

(D) the date of adjustment programmes shall be approved in the 15th, in the city's major news media and published on the Government Web site.

    Approved basic ecological line adjustment programmes, should be reported to the Standing Committee of the municipal people's Congress for the record.

    Chapter III supervision and management

Nineth except for the following projects, ecological baseline against building other projects in the region:

(A) systematic impact, absolutely necessary to the construction of traffic facilities and municipal infrastructure;

(B) ECO-agricultural facilities;

(C) parks and landscape tour necessary facilities;

    (D) absolutely necessary to the construction of military, security and other special-purpose facilities.

Tenth article except for the following projects, eco-development zone construction is prohibited in other projects: (a) the provisions of article Nineth construction projects;

(B) scenic area, Park, forest park, country park tourist reception and service facilities;

(Iii) Eco-Resort project;

(D) the necessary agricultural production and rural living and service facilities;

(E) the necessary public services;

    (F) other relevant departments for planning related departments to demonstrate, and ecological protection are not incompatible, low resource consumption, environmental impact, approved by the municipal people's Government agreed to build the project. Really necessary within the 11th line of basic ecological construction projects should be conducted as a project that may cause significant environmental impacts environmental impact assessment and planning site demonstration.

    Planning and siting approval should be open to the public, public time on 30th.

    12th basic ecological line range of construction projects in construction process should follow the ecological principles of environmental protection, and meets the planning requirements for low-intensity and low density, specific technical requirements for planning and management of the Department of City Planning Administration separately.

13th basic ecological line range have been built all kinds of projects according to law, should be based on the degree of ecological impact, were processed using the following methods:

(A) housing and supporting facilities, as well as emission standards, no adverse effects of the project on ecological protection, may, in accordance with the status quo, are retained;

(B) the adverse impact on ecological protection projects, guide right for reform and industrial restructuring, gradually converting and ecological protection, subject to appropriate uses;

    (C) to comply with the environmental protection, water conservation, soil and water conservation, river embankments and other laws, rules, regulations and related standards and specifications of the project, environmental protection, water supply and other relevant administrative department ordered corrective action in accordance with their respective responsibilities, overdue correction or rectification is not qualified, the revoked license.

    14th article basic ecological control line range within in this provides implementation zhiqian has approval but yet starts of construction project, should to resources consumption low, and environment effect small of uses, and strictly control development strength and with to function; on not meet this provides Nineth article, and tenth article provides conditions of, should replacement to basic ecological control line outside according to planning for construction, or implemented Government land reserves.

    15th basic ecological line range of existing illegal construction projects, the relevant Department shall go through the relevant formalities, and in accordance with the relevant laws and regulations and investigate and deal with illegal construction in the city dealt with the relevant provisions.

16th of municipal and district people's Government shall formulate guiding policies, encourage rural residents of basic ecological line on the original point and move and centralized building district implementation plan should be developed step by step implementation. Eco-line area of the rural settlements in addition to historical and culture village or other needed special reserved outside the village, should be carried out step by step outside the ecological bottom line in different modes, used to restore ecological functions.

In accordance with the planning requirements do need to retain the history and culture village or other special villages, should follow the principle of scale, the scale of land use does not increase, and strictly control the building height, density, and volume, and to formulate a detailed plan, departments of City Planning Administration in conjunction with the departments concerned after the publication, submitted to the municipal people's Government.

    Encourage eco-development area of the original rural residential areas in basic ecological line range of offsite Tong Jian, is really necessary in the construction of the eco-development in the region, should be carried out in accordance with the planning requirements focused on building.
17th district people's Government shall, in accordance with municipal requirements, in its management of regional ecological line range within the various existing projects to clean up, and according to the survey results to develop classification solutions, reported to the municipal people's Government for approval organization.

    18th of municipal and district people's Government should gradually establish and improve the enabling policy, in accordance with the compensation and development principles, establishing ecological compensation mechanisms, due to the ecological protection responsibilities and led to loss of the legitimate interests of units and individuals of reasonable compensation.

    The fourth chapter legal liability

    Article 19th in violation of provisions of basic ecological line that illegal construction by the relevant administrative department in accordance with the relevant laws and regulations, investigate and deal with illegal construction, and I dealt with the relevant provisions constitutes a crime, criminal responsibility shall be investigated according to law.

20th following acts of administrative organs and their staff members, its leaders and persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) failure to delineate or basic ecological line;

(B) unauthorized approval, in violation of planning, as well as other illegal-approval;

(Iii) the basic ecological line range of illegal construction deal with lax, inadequate disposal;

(D) is not in accordance with the requirements of this provision to fulfil basic ecological line range of existing disposal responsibilities of construction projects;

    (E) other negligence, malpractice, abuse of power leading to destruction of the ecological environment.

    The fifth chapter by-laws

    Article 21st basic ecological line and scope of the regulations established for this part has the same legal effect.

    In the 22nd for basic ecological line of production and construction activities, artifacts, water, forest, green, wetlands and nature reserve protection laws, rules and regulations more strictly defined, from its provisions. 23rd these provisions come into force on May 1, 2012. City planning administrative departments shall, in accordance with the provisions of the specific implementation details.