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Law No. 24 Of January 15, 2007 On The Regulation And Management Of Green Spaces In Urban Areas

Original Language Title:  LEGE nr. 24 din 15 ianuarie 2007 privind reglementarea şi administrarea spatiilor verzi din zonele urbane

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LEGE no. 24 24 of 15 January 2007 (** republished) (* updated *) on the regulation and administration of green spaces in the localities *) ((updated until 19 October 2014 *)
ISSUER PARLIAMENT




---------------- *) The updated form of this normative act until October 19, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes and additions made by: LAW no. 47 47 of 19 March 2012 ; LAW no. 88 88 of 1 July 2014 ; LAW no. 135 135 of 15 October 2014 . The content of this act is not an official document, being intended to inform users -------------- ** **) Republicated pursuant to art. IV of Law no. 313/2009 to amend and supplement Law no. 24/2007 on the regulation and administration of green spaces in urban areas, published in the Official Gazette of Romania, Part I, no. 694 694 of 15 October 2009. Law no. 24/2007 was published in the Official Gazette of Romania, Part I, no. 36 36 of 18 January 2007. + Article 1 This law regulates the administration of green spaces from the intravilan of localities, in order to ensure the quality of environmental factors and the state of health of the population. + Article 2 The state recognizes the right of every individual to a healthy environment, free access for recreation in public property green spaces, the right to contribute to the arrangement of green spaces, to the creation of tree and shrub alignments, in compliance with the legal provisions in force. + Article 3 The green spaces consist of the following types of land from the intravilan of the localities: a) public green spaces with unlimited access: parks, gardens, squares, planted strips; b) public green spaces of specialized use: 1. botanical and zoological gardens, open-air museums, exhibition parks, ambient and recreational areas for animals trained in circus performances; 2. those related to public facilities: nurseries, kindergartens, schools, health or social protection units, institutions, buildings of worship, cemeteries; 3. sports facilities or parks for the practice of performance sport; c) green spaces for leisure: recreational bases, recreational poles, complexes and sports facilities; d) green spaces for the protection of lakes and watercourses; e) color of protection from technical infrastructure; f) recreational forests. g) nurseries and greenhouses. ------- Lit. g) art. 3 3 was introduced by section 4.2. 1 1 of art. I of LAW no. 47 47 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. + Article 4 For the purposes of this law, the following terms and expressions have the following meanings: a) park-green space, with an area of at least one hectare, consisting of a specific plant framework and built areas, comprising facilities and equipments for cultural-educational, sports or recreational activities for the population; b) square-green space, with an area of less than one hectare, located within the dwelling ensembles, around public facilities, in the premises of economic, social-cultural, educational establishments, sports facilities, recreational facilities for children and youth or other locations; c) garden-land cultivated with flowers, trees and ornamental shrubs that is used for leisure and recreation, being open to the public; d) planted strip-plantation with an aesthetic role and improvement of the climate and air quality, carried out along the roads or watercourses; e) botanical garden-garden in which collections of live plants grown under natural or greenhouse conditions are presented, in order to study them or only for the curiosities they present; f) the zoo-any collection of live animals, maintained in a site managed and open to the public, in order to promote the preservation of biodiversity and to provide means of education, information and leisure, in relationship with presentation and preservation of wildlife; g) open-air museum-an institution that has an uncovered green space, specially arranged, in order to display and study art objects, relics, historical and scientific documents and public education; h) base or sports park for the practice of performance sport-complex consisting of a vegetal frame and of built areas, specially arranged and equipped for the practice of different sports (complex of sports installations); i) exhibition park-specially arranged green space intended to inform the public and promote some events; j) green spaces related to condominium dwellings-green spaces consisting of a vegetal framework, located adjacent to condominium housing blocks, with an aesthetic and protective role, to improve the climate and air quality; k) recreational forest-forest or wooded area in which different works are carried out in order to create an appropriate framework for spending free time; l) green spaces for the protection of watercourses and lakes-plantations made in the course of watercourses or around lakes, whose main role is to protect them; m) color of protection from technical infrastructure-plantations made in the course of traffic routes or around installations with high pollution potential, in order to improve the quality of the environment and protect the related infrastructure. n) nursery-land on which herbaceous and woody plants are grown and multiplied until the transplanting for definitive planting; ------- Lit. n) of art. 4 4 was introduced by section 4.2. 2 2 of art. I of LAW no. 47 47 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. o) greenhouses-land covered by light constructions for the cultivation of plants. ------- Lit. o) of art. 4 4 was introduced by section 4.2. 2 2 of art. I of LAW no. 47 47 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. + Article 5 For the protection and preservation of green spaces, natural persons and legal entities have the following obligations: a) not to dispose of any waste in the territory of green spaces; b) comply with the rules of defense against fires on green spaces; c) not to produce unauthorized cuts or injuries of trees and shrubs, damage to floral and lawn arrangements, destruction of natural musuroses, bird nests and animal shelters, construction and animal shelters. existing utility and ornamental facilities on green spaces; d) not to occupy with provisional constructions the green spaces; e) not to occupy with permanent constructions the green spaces; f) to ensure the integrity, restoration and care of the green spaces in their property; g) to cooperate with the territorial and central authorities for the protection of the environment, with the central authorities for spatial planning and with the local public administration authorities in all the works envisaged in green spaces and to do proposals to improve their design; h) not to diminish the areas of green spaces. ------- Article 5 has been amended by section 6.6. 3 3 of art. I of LAW no. 47 47 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. + Article 6 Repealed. ------- Article 6 was repealed by point (a). 4 4 of art. I of LAW no. 47 47 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. + Article 7 The management of green spaces shall ensure the following objectives: a) protection and conservation of green spaces for maintaining their biodiversity; b) maintaining and developing the functions of protection of green spaces on waters, soil, climate change, maintaining landscapes in order to protect the health of the population, protecting the environment and ensuring the quality of life; c) regeneration, extension, improvement of composition and quality of green spaces; d) the development and application of a complex of measures to bring and maintain green spaces in the state corresponding to their functions; e) identification of deficient areas and carrying out works for the expansion of areas covered with vegetation; f) the extension of the areas occupied by green spaces, by including in the category of public green spaces of land with ecological or sociocultural potential. + Article 8 (1) The management of green spaces public property is exercised by the local public administration authorities and other bodies empowered for this purpose. (2) The administration of green spaces on private land is exercised by their owners, in compliance with the provisions of the normative acts in force. + Article 9 (1) Unauthorized constructions on green spaces shall be demolished and the land shall be brought to the original state, the total expenses for carrying out these works being borne by the owner of the (2) The planting of trees and shrubs shall be done only with the consent of the local public administration and the territorial authorities for environmental protection. ------- Article 9 has been amended by section 6.6. 5 5 of art. I of LAW no. 47 47 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. + Article 10 (1) Zero and one-level municipalities are required to carry out, by 1 January 2011, the audit of the area, quality and accessibility of green spaces, followed by the development of a strategy and action plan on conservation and development of the green space network. (2) The strategy for the conservation and development of the network of green spaces envisages their balanced distribution in relation to the specificity of the territorial reference unit, as well as the creation of green spaces by converting land non-productive, other land categories and the application of alternative methods. ((3) The extension of the intravilan of the localities, the transformation of the areas with other functions in residential areas and the construction on land of over 3,000 m² owned by the state, the administrative-territorial units, the central authorities and local areas can be carried out exclusively on the basis of urban planning documentation providing for a minimum of 20 m² of green space per capita and a minimum of 5% public green spaces. ------- Alin. ((3) of art. 10 10 has been amended by section 6 6 of art. I of LAW no. 47 47 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. + Article 11 (1) The central and local public administration authorities shall be obliged to provide the financing of the dendriculture material and the related works necessary for the arrangement of land and the regeneration of vegetation in their green spaces. (2) The specific design projects will be developed by specialists in the field of landscape architecture, urban planning, horticulture and forestry. (3) The landscaping works are carried out with forest and flower material, adapted to the climate, originating from nurseries and other plantations of decorative shrubs that, through their biological and morphological properties, have an aesthetic and ecological value and not affects the health of the population and biosystems already in the area + Article 12 (1) The maintenance of green spaces shall be ensured by their owners and administrators. (2) The owners and managers of green spaces with trees and shrubs are obliged to carry out their maintenance measures. (3) The owners and managers of green spaces shall be obliged to ensure the safety measures of persons who may be affected by the lippers and detachment of trees and their elements, as a result of advanced ageing or Poor phytosanitary condition. (4) Owners and managers of green spaces are obliged to ensure the drainage of excess water from the surface of green spaces, in the stormwater takeover network. (5) In the case of ornamental trees (lime, acacia, chestnut, maple, birch, oak) planted on green spaces in the public domain, as well as those planted in alignments along boulevards and streets, on land in urban and rural areas, it is forbidden to intervene with cuts in their crown, except for the removal of dry branches or those affecting the safety of pedestrian and road traffic, nearby buildings, as well as those on the route air networks. ((6) Decisions taken at the level of local public administrations for the cutting of healthy trees in green spaces, as defined in art. 3, located on land in urban areas, shall be implemented only after obtaining the opinion issued by the county agencies for environmental protection, respectively of the city of Bucharest. --------- Alin. ((6) of art. 12 12 has been introduced by section 1 1 of art. unique from LAW no. 88 88 of 1 July 2014 , published in MONITORUL OFFICIAL no. 496 496 of 3 July 2014. + Article 13 (1) The protection of green spaces, specific facilities or specific urban furniture is provided by their owners and administrators and through public order institutions empowered according to the legislation in force. (2) Public order institutions are obliged to grant the aid requested by the owners and managers of green spaces in order to prevent and combat the illicit actions of damage or destruction of objectives and vegetation in the premises green. + Article 14 (1) The protection of vegetation of green spaces against pests is carried out on the basis of forecasts and warnings made by the local phytosanitary unit with powers of prevention, guidance and specialized control for plant protection. (2) The maintenance of the phytosanitary health of vegetation in green spaces shall be carried out by their owners and administrators, by carrying out measures to prevent the spread and control of plant diseases and pests and by quarantine measures, under the direct guidance and expert control of plant protection phytosanitary units. (3) The protection of green spaces against diseases and pests is usually carried out through preventive actions, biological methods and integrated methodologies. The application of phytosanitary substances to combat diseases and pests is strictly limited and is carried out under the coordination of phytosanitary institutions and environmental protection + Article 15 The control of the implementation of green space protection measures, depending on their location, is exercised by the institutions empowered by the central public authority for environmental protection, the central public authority for regional development and public administration, local public administration authorities and local plant protection plant protection units. --------- Article 15 has been amended by section 6.6. 2 2 of art. unique from LAW no. 88 88 of 1 July 2014 , published in MONITORUL OFFICIAL no. 496 496 of 3 July 2014. + Article 16 (1) Local public administration authorities have the obligation to keep records of green spaces on the territory of administrative units, by setting up local registers of green spaces, which they update whenever changes occur. (2) The evidence of green spaces aims to organize their rational use, regeneration and effective protection, with the exercise of systematic control of qualitative and quantitative changes, as well as ensuring information about green spaces. (3) Local registers of green spaces shall be constituted on the basis of technical norms approved by order of the Minister of Regional Development and Housing, with the opinion of the Minister of the Environment and the Minister of Administration and Interior, within one year of their development and publication. + Article 17 (1) The obligation of organization and management of green spaces registers lies with the local public administration authorities. (2) The local register of green spaces is an information system that includes the technical data of all green spaces according to the quality and quantity indices. (3) Local registers of green spaces will be made public and will be able to be consulted at the premises of the local public administration authorities. + Article 18 (1) The liability for reducing the areas of green spaces lies with the central and local public administration authorities, as well as all natural and legal persons. (2) The central and local public administration authorities shall provide in their own budgets funds for the fulfilment of obligations regarding green spaces (3) The alienation and assignment of land with green spaces is carried out under the conditions provided by law, with the preservation of the destination of green space. (4) The change of the destination of the land registered in the local register of green spaces can be made only for public utility works, established on the basis of urban planning documentation, approved according to the legislation in force. (5) It is forbidden to change the destination, reduce the surfaces or displacement of the green spaces defined by this law. (6) By exception to the provisions of par. (5), it is allowed to change the destination of green spaces in order to carry out public utility works, as provided by Law no. 33/1994 on expropriation for the cause of public utility, republished, other than those concerning social housing construction, social objectives of education, health, protection and social assistance, non-governmental organisations, and public administration and judicial authorities. (7) By exception to the provisions of par. (5), can be placed on a green space: pedestrian alleys, urban furniture, facilities for sports, play and rest, construction for exhibitions and cultural activities, temporary constructions of a provisional nature for trade and food activities public, sanitary groups, spaces for maintenance, but only on the basis of an urban planning documentation for the entire area of the green space and with the obligation that the cumulative area of these objectives does not exceed 10% of the total area of Green space. *) (8) By exception to the provisions of par. (5), nurseries that are not public property, greenhouses and land set up as zoos may change their destination, provided that they are transformed into other types of green spaces. (9) The land entered in the land register as being in the category of construction, land that is privately owned by natural or legal persons, cannot be inventoried or declared as green spaces, within the meaning of the law, until after carrying out the expropriation procedure according to the relevant legislation. ------- Alin. ((9) of art. 18 18 was introduced by art. II of LAW no. 135 135 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014. ------- Article 18 has been amended by section 6.6. 7 7 of art. I of LAW no. 47 47 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. * *) NOTE CTCE S.A. PIATRA-NEAMT: Right. art. II of LAW no. 47 47 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012, the 10% provided for in art. 18 18 para. ((7) of Law no. 24/2007 on the regulation and administration of green spaces in the intravilan of the localities, republished, as amended and supplemented by this law, shall also apply to the total areas of the green spaces existing on the date of entry into force of this law. + Article 19 (1) The activities of administration and management of green spaces subordinated to the local public administration authorities shall be financed from the local budget for: a) expenses related to the regeneration, security and protection of green spaces and for phytosanitary treatments recommended by local phytosanitary units for plant protection; b) carrying out scientific design and research works in the field of sustainable protection and design of green spaces; c) capital investments in green spaces; d) creation and development of green spaces through the acquisition of available land with sociocultural or ecological potential, in order to achieve and respect the existing European norms in the field regarding the need for green spaces; e) other obligations related to the administration and management of green spaces. (2) The management activities of privately owned green spaces are financed by the owners. (3) The financing of green spaces regeneration works is carried out in compliance with the provisions Government Emergency Ordinance no. 196/2005 on the Environmental Fund, approved with amendments and additions by Law no. 105/2006 , with subsequent amendments and completions. (4) The sources of financing necessary for the application of management and management measures of green spaces will be provided in local budgets, starting with 2010. + Article 20 Violation of the provisions of this law attracts civil, contravention and criminal liability, as appropriate. + Article 21 Individuals and legal entities shall respond to the contravention, in accordance with the legislation in force, for: a) unauthorized use of land with green spaces; b) non-compliance with the requirements regarding the design, construction and commissioning of objectives in green spaces; c) assignment of land for construction in green spaces without coordination with the territorial bodies of the central authority for spatial planning, of the central authority for environmental protection and without consulting the population; d) unauthorized conduct of economic, tourism and leisure activities in green spaces; e) illegitimate occupation of land with green spaces; f) damage to green spaces following fires or irresponsible behaviour with fire; g) throwing on green spaces of plastics, papers, bottles, animal waste, household waste and any other waste; h) destruction or damage of roads, alleys, drainage systems, technical and engineering installations in green spaces; i) collection of medicinal plants, fruit and grass grass; j) grazing on green spaces; k) the removal of the lithiera and damage to the living side and the fertile soil layer; l) capture of protected animals integrated to the green space ecosystem; m) walking and bathing of dogs and other animals outside the landscaped spaces; n) destruction of green spaces through pollution with waste water, chemicals, production waste, petroleum products or other harmful substances. + Article 22 ((1) The claims caused by green spaces shall be recovered on the basis of the final judgment. (2) In the case of damage to green spaces following fires, compensation shall be established not only of the damage caused to the green spaces, but also of the expenses incurred for extinguishing the fire and cleaning the territory from the waste resulting from the fires. and restoring the green area. (3) In the case of chemical pollution of green spaces, it is established not only to compensate for the damage caused to green spaces, but also to the expenses incurred for the regreening of the area and the long-term works necessary for the decontamination of the area and medical expenses assessed in case of population impairment. (4) Wood production and other illegally acquired products from the exploitation of green spaces are subject to confiscation and transmitted to the managers of green spaces. + Article 23 (1) Failure to comply with the provisions of this law constitutes contravention and is sanctioned with contravention fine as follows: a) from 100 lei to 200 lei for individuals and from 1,000 lei to 10,000 lei for legal entities, for violation of the provisions of art. 5 lit. a), f) and g), of art. 9 9 para. ((2) and art. 21 lit. a), f), g), h), i), k) and l); b) from 200 lei to 1,000 lei for individuals and from 1,000 lei to 5,000 lei for legal entities, for violation of the provisions of art. 5 lit. b) and c) and art. 21 lit. b), c), d), e), j), m) and n); c) from 5,000 lei to 30,000 lei, for violation of the provisions of art. 11 11 para. ((1); d) from 20,000 lei to 40,000 lei for individuals and from 40,000 lei to 70,000 lei for legal entities, for violation of the provisions of art. 12 12 para. ((5) and (6); --------- Lit. d) a par. ((1) of art. 23 23 has been amended by section 4.2 3 3 of art. unique from LAW no. 88 88 of 1 July 2014 , published in MONITORUL OFFICIAL no. 496 496 of 3 July 2014. e) from 100.000 lei to 200,000 lei, for non-compliance with art. 10 10 para. ((1) and of art. 16 16 para. ((1); f) from 1,000 lei to 2,000 lei, for each square meter occupied by provisional constructions, by non-compliance with the provisions of art. 5 lit. d); g) from 10,000 lei to 20,000 lei, for each square meter of green space affected, in violation of the provisions of art. 5 lit. e) and h), art. 10 10 para. ((3) and art. 18 18 para. ((3), (4) and (5); h) from 10,000 lei to 20,000 lei, for each square meter of green space affected, for the non-disposition by the competent public authority of the demolition measure provided in art. 9 9 para. ((1). ------- Alin. ((1) of art. 23 23 has been amended by section 8 8 of art. I of LAW no. 47 47 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. (2) Finding the contraventions provided in par. (1) and the application of sanctions shall be made by the authorized personnel of the National Environmental Guard, by the persons empowered for this purpose by the central public authority for the protection of the environment and by their mayors or empowered persons. + Article 24 Art. 23 regarding the contraventions shall be supplemented by the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 25 By decision of the Government, local and county councils can be established other facts that constitute contraventions to the green spaces regime. NOTE: We reproduce below the provisions art. II and III of Law no. 313/2009 ,, which are not incorporated into the republished text of the Law no. 24/2007 and which continue to apply as own provisions of the Law no. 313/2009 : "" Art. II. -(1) Within 90 days of the entry into force of this Law, the framework content of the audit and the strategy relating to the conservation and development of the network of green spaces, which is approved by joint order of the ruler, shall be elaborated. central public authority responsible for urbanism and the head of the central public authority for environmental protection. (2) Technical rules provided for in art. 18 18 *) para. ((3) of Law no. 24/2007 , with the amendments and completions brought by this law, shall be amended and supplemented accordingly and shall be published in the Official Gazette of Romania, Part I, within 60 days from the entry into force of this Law. Art. III. -Until the local registers of green spaces are realized, the change of destination of green spaces defined as such in Law no. 24/2007 can be made only on the basis of approved legal urbanism documentations, which also establish the necessary public utility works. " ------------ *) Art. 18 has become by renumbering art. 16. -------------