Hangzhou Urban River Protection And Management Approaches

Original Language Title: 杭州市城市河道保护管理办法

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Hangzhou urban river protection and management approaches

    (February 23, 2009, Hangzhou municipal people's Government at the 42nd Executive meeting on March 19, 2009 Hangzhou people's Government promulgated as of May 1, 2009, No. 249) Chapter I General provisions

    First to strengthen conservation and management in the city of Hangzhou to protect urban river functions well, improvement of the urban river environment, promotion of ecological civilization in the city, according to the People's Republic of China water and the People's Republic of China flood control Act, the Hangzhou municipal facilities management regulations and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies to the protection and management of urban rivers in Hangzhou.

    Urban rivers mentioned in these measures refers to all the channel within the city ring road and ancillary facilities.

    Cross the ring road of the urban River, adjustment should be made to the scope of management of its local section, managed by city Administrative Department, city water conservancy administrative departments, consultation, a proposal submitted to the municipal people's Government established.

    Beijing-Hangzhou Grand Canal, Qiantang River and lake waters, waters of xixi wetland, hang-Yong Canal, Puyang river protection and management in accordance with the national and provincial and municipal regulations, this approach is not applicable.

    Article construction and management of urban rivers, should be unified planning, comprehensive protection, scientific management, reasonable development, in line with the historical and cultural city, Hangzhou style and harmony with the surrounding environment.

    Unified management in the fourth city and the combination principles of hierarchical management. Urban river divided into municipal pipes, pipe channel.

    Management at the municipal and district levels, managed by the city Administrative Department, a proposal submitted to the municipal people's Government announced.

    Fifth of municipal urban administration authorities are responsible for the protection of urban river management, and organize the implementation of these measures.

    Urban management of the administrative departments responsible for urban river protection management.

    City, urban river course regulation in accordance with their respective responsibilities to protect urban river management.

    Sixth Administrative Department of environmental protection is in charge of the unified supervision and management of water pollution control of urban river.

    Municipal water traffic management bodies in accordance with the relevant laws and regulations, the provisions of regulation, responsible for urban river navigable water channel, local governance, water transportation and fee-collection, water safety, ship inspection, registration of ships and other water traffic management.

    Urban river management within water administration based on law and regulations set except for water licensing wading outside an administrative license, commissioned by the water conservancy administrative departments administrative departments of the city administration.

    Construction, planning, water, green, industry and commerce, public security and other relevant administrative departments shall, in accordance with their respective responsibilities, to coordinate the implementation of these measures.

    Seventh article of any unit and individual have the protection of urban safety, water and flood control obligations according to law, and the right to stop and report any acts in violation of these measures.

    For urban river management units and individuals that have achieved outstanding successes in work, at all levels of people's Governments and administrative departments of the city administration should be commended or awarded.

    Planning and construction of chapter

    Eighth of municipal urban planning administrative departments shall, jointly with the municipal city management, water, construction, environmental protection, water transportation and other administrative departments, according to the Hangzhou urban master planning urban river planning and the municipal people's Government for approval. City, urban management Administrative Department shall, jointly with relevant departments of Hangzhou's overall urban planning and the urban river planning, namely urban river protection and management in the construction planning, urban planning, municipal people's Government for approval.

    Planning in planning tracking annual plan management.

    The Nineth and other river-related professional urban planning should be dovetailed with the protection and management in the urban planning, before the relevant professional sectors in the preparation of professional planning, should seek the views of municipal administrative departments of the city administration.

    Tenth urban river planning and construction, should give full consideration to meet the requirements of basic features such as river flood control, navigation, water environment comprehensive improvement, urban rivers flowing, clear water, green, livable, prosperous Bank goals.

    11th units in urban river and construction begun, should manage the administrative authority to the city receiving management definition and registration.

    12th city, municipal and district administrative authorities and regulators and other related management in the city intervention ahead of construction units in accordance with the relevant provisions. 13th city River construction project after it has been and acceptance, units in accordance with the urban river receiving management requests, to the regulatory bodies and other related management in the city project handover formalities units.

    Does not meet the construction quality and construction of the project should the rectification, rectification after passing the received by the management unit.

    14th city management administrative departments in charge of coordination, monitoring River receives the work, and in accordance with the classification of urban river management, from construction and acceptance of city River respectively by the city, regulators receive management in the region.

    Government donation in urban construction investment and social construction of urban River, by river regulators receive management; other government departments and social investment, construction, other facilities in the context of urban River, up to the property units to manage, maintain, and accept the administrative departments of the city administration and the supervision of the urban river regulation.

    Chapter III protection and management 15th urban river management in urban river planning red line is to prevail is not implemented as planned, subject to the actual urban river green line.

    Not in accordance with the planning and regulation of construction and land, its reconstruction should be in accordance with the planning retreat in place.

    Existing management in the city of river outside the blue line range is less than 10 meters, 10 meters away from the blue line for the urban river protection.

    16th the urban river management based on construction plans should be within the scope of the request, set the standard slow to ensure safety of pedestrians and cyclists convenient and. Relevant departments according to the Hangzhou tourism planning requirements, and characteristics of urban rivers, open water tours, and convenience of the public and tourists.

    Open water travel routes shall comply with the relevant provisions of water traffic management.

    Within the urban river management and rivers on both sides of the cultural relics protection units, relic protection sites and historic districts, historic buildings, should be based on protection of cultural relics and historic districts, historic preservation requirements be properly repaired, and use it in accordance with under the principle of protecting.

    17th article in city river management and protection range within opened business sex places, and set outdoor advertising facilities, and implementation bright lamp engineering, and carried out tourism leisure, activities of, should meet city River related planning requirements, comply with city River clean of, and green, and bright of, and sequence of and flood control drainage, and water Shang traffic, and environmental protection, provides, and accept city management administrative competent sector and city River regulatory institutions of supervision management.

    Regulators involved in the approval of urban river course management and related matters within the scope of protection, shall comply with the specific requirements of urban river protection. 18th Cross-River bridges, docks, pipelines and other facilities, shall comply with the relevant requirements of the plan.

    Elevation should be the end of the beams of the bridge above the design flood level, and in accordance with the specification requirements for flood control and navigation, high reserve. 19th needed in urban river management within a temporary occupation, and explore the city's River, administrative departments of the city administration permits shall be obtained. On the function of urban flood control and drainage, the unit should also be entrusted with water conservancy and hydrologic design qualification for impact assessment.

    Completion of temporary occupation, mining construction, should resume the rivers intact. River management beyond the 20th in the city within 20 meters of high pile of dirt, deep excavation, piling, blasting and other endangered urban river safety, the construction unit shall develop appropriate construction protection scheme, before commencement of construction protection scheme will be sent in the 7th administrative departments of the city administration for the record.

    Raised by the competent administrative Department of the city administration involving construction protection scheme and construction units should be implemented. 21st urban administration authorities River and City regulators should strengthen the supervision and management of River construction project under construction, ensure smooth River drainage and river safety.

    Does not meet the flood control standards and shoreline planning and other technical standards across the river levee, the River, the river wear, wear, such as construction projects, should urge the construction deadline to take measures to remedy the situation. 22nd to obstruct or block water culvert, pipeline River crossing, docks and other river, river-crossing engineering facilities, by the competent administrative Department of the city administration in accordance with national, provincial and municipal regulations for flood control standard, entrust the facility person rectification or removal.

    Affect the safety of flood control in flood season, should be subject to the flood control headquarters of emergency treatment decisions. Various temporary water facilities for urban River, be ordered by the competent administrative Department of the city administration facilities people before the flood season set to adopt migration and removal of such measures.

    If action is not taken, organized by the flood forced removal, the cost borne by the facility.

    23rd along urban river setting, expansion, the mobile drains shall be licensed by the competent administrative Department of the city administration, and according to relevant procedures.

    24th city management approved deployment of administrative departments shall, in accordance with municipal water, development of urban river water allocation plans and emergency solutions, and make river water quality monitoring, report regularly to the relevant situation.

    City administrative departments in charge of the urban river regulating water, landscape level management control and scheduling to ensure that urban Riverway stench, like color, odor-free, in line with the water function zoning requirements. For navigation, irrigation and other features of the culverts, pumping stations and other facilities set up and use, shall conform to the requirements for flood control.

    During the flood season, River gate, dams, pumping stations of the hoist shall, according to the city flood control plan for the implementation of the provisions by the municipal administrative departments of the city administration in accordance with the responsibilities under the management.

    The 25th city management shall be drawn up by the Administrative Department of the city of river, allocation of water ecology, water facilities, riparian environment conservation and improvement projects, implemented by river regulators organizations to ensure that urban river functions to work properly.

    Implementation of market-oriented operation of urban river maintenance, river conservation unit shall, in accordance with the relevant norms, standards and maintenance contract requirements, regular observation of the urban River, inspection, maintenance, repair, and establishment of a complete conservation record.

    Urban management administrative departments should strengthen the urban river conservation and improvement plan implementation monitoring and evaluation.

    26th in the context of urban river management, prohibit the following acts:

    (A) block without authorization, removed, or moved, altered and damaged communications, River auxiliary facilities lighting;

    (B) the destruction of water facilities and flood prevention facilities, as well as hydrological monitoring facilities;

    (C) buildings and structures built without authorization, installation of outdoor advertising facilities;

    (D) secondary occupation, dredging facilities;

    (E) discharges without authorization or permission settings, expand the rainwater and sewage outfalls;

    (Vi) unauthorized pulled from river water used in production and operation;

    (G) the dumping of garbage, waste, sediment and other waste;

    (H) the washing oil containers, putrid and polluted water equipment, vehicles and any establishment of car washes and other acts against water;

    (I) the washing in the River, bathing, swimming and fishing in prohibited waters;

    (J) along the fence, pole lines, trees, hedges and other facilities or buildings (structures) flying and drying on the buildings impede landscape items;

    (11) in the sluice gates, pump inlet, within the scope of the prohibition of stopping ride at anchor;

    (12) the construction of the Causeway, blocking water channel and water blocking roads, deep reset and other impediments to river channel flood drainage function of the ship;

    (13) the blasting, sand, gravel, Earth, drilling, pile driving, digging wells, dug fish ponds, which affect the stability of river, jeopardize the safety of river embankment behavior;

    (14) other damages, encroachment of urban river course of behavior.

    Chapter fourth safeguard

    27th municipal urban River a long-term management mechanism, the district people's Government and the city administration, public security, transportation, water conservancy, environmental protection, afforestation and other sectors and urban river regulators river management responsibilities shall perform the assessment of the situation, give recognition to outstanding achievements.

    28th city river management, maintenance, repair, improve, update, flood control and drainage requirements, in accordance with the relevant provisions and standards included in the annual budget.

    Municipal administrative departments of the city administration, in conjunction with the municipal financial Department of urban river integrated maintenance ration.

    29th units of approved pulled from river water used in production and operation, shall be paid in accordance with the regulations of water resources fee.

    The fifth chapter legal liability 30th in urban river management within the scope of violations of water administration under the relevant laws and regulations, commissioned by the water conservancy administrative departments River regulators for punishment.

    The State Council or provincial people's Government belong to the range of relatively centralized administrative punishment right in urban management, administrative law enforcement authorities impose administrative penalties by the city administration.

    31st article 26th of this approach (b), (c), (d), (e), (g) acts, by the city administration executive law enforcement authority in accordance with the relevant provisions of the regulations on the management of municipal facilities in Hangzhou for punishment.

    32nd article violation this approach 20th article provides, in city river management range outside 20 meters within implementation high heap soil, and deep pit excavation, and piling, and blasting, endanger city River security of construction project, construction units not will construction protection programme sent city management administrative competent sector record of, by city management administrative law enforcement organ ordered rectification, and can at 200 Yuan above 2000 Yuan following of fine.

    The 33rd article of one of the following acts, shall be ordered by the city administration to stop his illegal act, restitution, compensation, and shall be punished as follows:

    (A) block, removed, or moved without authorization, alter channel subsidiary facilities and damaging communications, lighting installations, between 2000 and 500 Yuan Yuan fine.

    (B) from the collected water for production and management of river channels, between 2000 and 500 Yuan Yuan fine.

    (C) implementation of wash oil containers, putrid and polluted water equipment, vehicles and any establishment of car washes and other acts against rivers, individual fines of between 50 Yuan and 200 Yuan; for units between 2000 and 500 Yuan Yuan fine.

    (D) wash, bathe in the River, swimming and fishing in prohibited waters, 50 Yuan fine.

    (E) along the fence, pole lines, trees, hedges and other facilities or buildings (structures) flying and drying on the buildings impede landscape items, 50 Yuan fine.

    (Vi) in the sluice gates, pump inlet, within the scope of the prohibition of stopping ride at anchor, between 2000 and 500 Yuan Yuan fine.

    (G) the construction of the Causeway, blocking water channel and water blocking roads, deep reset and other impediments to river channel flood drainage function of the ship for non-operating between 2000 and 500 Yuan Yuan fines; the business of fine of between 50,000 yuan and 5,000 yuan.

    (VIII) implementation of blasting, sand mining, quarrying, sampling, drilling, pile driving, drilling wells, dug fish ponds, which affect the stability of river, endangering River embankment safety behavior of, non-operational Act between of less than 2000 Yuan and 200 Yuan fines; the operating behavior to a fine of less than 500 Yuan and 5,000 yuan.

    Article 34th for violations of these rules, other laws, regulations and rules by the relevant administrative department shall be legally punished.

    35th city administrative departments, regulators and other management in the urban sector staff neglect, abuse, deception, by their work units or the competent authority administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

    The sixth chapter supplementary articles

    36th article of the approaches involved in Xiaoshan, Yuhang district people's Government and administration of the terms of reference of the relevant departments, according to the relevant provisions of the provincial and municipal people's Governments.

    Xiaoshan, Yuhang district of competent administrative departments and cities for urban river channel regulator, determined by the Xiaoshan, Yuhang district people's Government. 37th article of the rules take effect on May 1, 2009, June 1, 2002, promulgated by the municipal people's Government of Hangzhou urban rivers protection regulations (municipal 178th) repealed simultaneously.