Yinchuan City Interim Provisions on Temporary Construction and Temporary Land Management

Article 1 In order to strengthen the management of temporary construction and temporary land use in our city, in accordance with the "Urban Planning Law of the People's Republic of China", the "Land Management Law of the People's Republic of China" and relevant laws , regulations, and based on the actual situation of our city, these regulations are formulated. Article 2 The term "temporary construction" as mentioned in these regulations refers to buildings, structures, billboards, galleries, signboards, showcases, fences, newsstands, telephone booths, etc. that are newly built or renovated within the urban planning area and have a useful life of less than two years. Fixed stalls and other facilities.

Temporary land refers to various types of construction land with a use period of less than two years. Article 3 All units and individuals that carry out temporary construction and temporary land use within the built-up areas of this city (subject to the built-up area range regularly announced by the Land and Resources Bureau) must abide by these regulations. Article 4 Temporary construction and temporary land use must adhere to the principle of “strict examination and approval and management in accordance with the law.” Article 5 The Yinchuan Municipal Planning and Land Administration Bureau is the administrative department in charge of temporary construction and temporary land use, and shall uniformly examine and approve temporary construction and temporary land use in built-up areas. The municipal district is responsible for the management of temporary construction and temporary land use within the administrative district, and shall jointly inspect, supervise and impose penalties with the Municipal Planning and Land Administration Bureau in accordance with these regulations. Article 6 It is strictly prohibited to approve temporary construction and temporary land use within the following scopes. Those that have been approved should be demolished immediately.

(1) The area before the permanent buildings on both sides of the road;

(2) Greening land;

(3) Water supply, sewerage and other pipelines Above;

(4) Affecting the city appearance and traffic safety;

(5) Areas with disputed land ownership;

(6) Main streets Within the red line of the road;

(7) High voltage line corridor;

(8) Within the protection range of ditches, canals and other water conservancy facilities;

(9) Parking lot;

(10) Fire exits; Article 7 Temporary construction and temporary land use shall be subject to the "Temporary Construction and Temporary Land Use Certificate" system, and shall be handled in accordance with the following procedures:

(1) Construction has Land units and individuals must submit a written application to the approval authority with relevant approval documents, including the location, scale, use period and purpose of the temporary construction land, and attach the construction project plan;

(2) The approval authority appoints a dedicated person On-site inspection, put forward preliminary approval opinions, submit them to the supervisor for review and approval, and respond to the applicant within 15 days; (3) After approval, pay relevant fees according to different types of use (charged according to the standards approved by the price department ), the gray line of the temporary construction project is inspected, and the construction can only start after the "Certificate for Temporary Construction and Temporary Land Use" is issued. Article 8 When approving temporary construction and temporary land use, if it involves the management authority of the public security, transportation, urban construction, housing management, municipal administration, gardening and other departments, the approval shall be obtained after obtaining the review and approval of the departments. Article 9 If construction is not started within 6 months after obtaining the "Certificate for Temporary Construction and Temporary Land Use", the approval procedures and issuance certificate will automatically become invalid. Article 10 The use period of temporary construction and temporary land is within two years (calculated from the date of issuance of the certificate). After the expiry of the period, the land user must dismantle it and restore the original landform. If an extension is really needed, an application for extension procedures should be made to the original approving authority within 3 months before expiration. If temporary construction and temporary land need to be demolished due to urban planning and national construction during the period of use, they must be demolished in compliance with the needs of national construction, the temporary land must be returned, and appropriate financial compensation must be given. Article 11 It is strictly prohibited to change the approved use and privately transfer, buy and sell approval procedures and certificates, and to construct permanent buildings, structures and other engineering facilities on temporary land is strictly prohibited.

Article 12 Temporary construction and temporary land used by units or individuals before the promulgation of these regulations shall be handled in the following manner:

(1) If it affects urban construction, city appearance, and traffic safety, the municipal land planning The management department orders it to be demolished, or the user can demolish it on their own and restore the landform;

(2) For projects that have been completed but have not gone through the formalities and do not temporarily affect urban construction, city appearance and traffic safety, these regulations will apply Apply for reissue of temporary construction and temporary land use procedures;

(3) Reissue the "Temporary Construction and Temporary Land Use Certificate" in accordance with these regulations for projects that have been completed and have gone through the temporary construction and temporary land use procedures.

(4) If the applicant has not completed the procedures and re-issued the "certificate" within 6 months from the date of implementation of these regulations, it will be handled in accordance with these regulations. Article 13 Anyone who violates these regulations and commits any of the following acts shall be ordered by the licensing authority to suspend construction, demolish the illegal buildings or structures within a time limit, or confiscate the illegal buildings and structures, and impose a fine of 5 to 15 yuan per square meter on the parties concerned.

(1) Construction without approval;

(2) Changing the approved use without authorization, changing the approved content for construction and use;

(3) Failure to complete the formalities upon expiration; Article 14 If the “certificate” for temporary construction and temporary land is purchased, sold or transferred, the issuing authority shall take back the “certificate”, confiscate the illegal gains, and impose a fine of 2,000 to 5,000 yuan on the unit. , and a fine of 500 yuan to 1,000 yuan will be imposed on individuals.

All fines and confiscations shall be turned over to the same level of finance. Article 15 If the party concerned is dissatisfied with the administrative penalty decision, he or she may, within 15 days from the date of receiving the notice of the penalty decision, apply for reconsideration to the authority above the authority that made the penalty decision; File a lawsuit in the People's Court within 15 days from the date of filing. The parties may also file a lawsuit directly with the People's Court. If you fail to apply for reconsideration within the time limit, do not prosecute and fail to perform, the agency that made the penalty decision will apply to the People's Court for compulsory execution.