Decision of the Standing Committee of the Weihai Municipal People's Congress on amending five local regulations including the "Weihai Municipal Landscape Protection Regulations"

Announcement of the Standing Committee of the Weihai Municipal People's Congress

(No. 62)

"The Standing Committee of the Weihai Municipal People's Congress on Amending the Protection of the Urban Style of Weihai City" Regulations> and other five local regulations were adopted at the 21st meeting of the Standing Committee of the 17th People's Congress of Weihai City on December 27, 2019, and passed by Shandong Province on January 15, 2020 Approved at the 16th meeting of the Standing Committee of the 13th People's Congress, it is hereby promulgated and shall come into effect on the date of promulgation.

Weihai Municipal People’s Congress Standing Committee

January 17, 2020

Weihai Municipal People’s Congress Standing Committee

Modification Decisions on five local regulations including the "Weihai City Urban Landscape Protection Regulations"

(Adopted at the 21st meeting of the Standing Committee of the 17th Weihai Municipal People's Congress on December 27, 2019

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Approved at the 16th meeting of the Standing Committee of the 13th People's Congress of Shandong Province on January 15, 2020)

The 20th meeting of the Standing Committee of the 17th People's Congress of Weihai City A meeting decided:

Amend the "Weihai City Urban Landscape Protection Regulations"

(1) Amend the second paragraph of Article 6 to: "Natural resources, urban and rural planning, The departments of ecological environment, urban management, water affairs, oceans, culture and tourism, and forestry shall, in accordance with their respective responsibilities, carry out work related to the protection of urban landscape in accordance with the law.”

(2) Replace the second paragraph of Article 12. "Historic outstanding buildings" was changed to "historic buildings".

(3) Amend the third paragraph of Article 19 to read: “When preparing urban landscape protection plans, the urban layout shall be scientifically planned based on the land spatial planning and the development conditions, land use properties and zoning relationships of different regions. , maintain the city’s unique regional environment, cultural characteristics and architectural style, shape the overall image of the city, and connect it with the detailed planning.”

(4) Amend Article 22 to: “Urban and rural planning supervisor. The department shall work with relevant departments to organize the preparation of detailed plans based on land spatial planning, clarifying the scope of protection, construction control scope, elements of landscape protection, protection implementation plans, etc.

“Detailed planning shall be approved by the municipal and county-level municipal people’s governments. After approval, it shall be reported to the Standing Committee of the People's Congress at the same level for the record. "

(5) Paragraph 5 of Article 23 is revised to read: "The delineated urban green lines, blue lines, and purple lines are the scope of urban landscape protection in the corresponding areas, and the urban and rural planning authorities shall Work with relevant departments to prepare detailed plans and stipulate protection requirements and control indicators."

(6) Delete "the city's natural coastline retention rate shall not be less than 60%" in Article 27 .

(7) Delete the fourth item of the first paragraph of Article 28.

(8) Amend the second item of Article 29 to: “(2). ) is engaged in activities such as building new ports and terminals. ”

(9) Amend the third item of Article 38 to read: “(3) Landfilling and occupying water areas without authorization. ”

(10) Delete Article 50.

(11) Change Article 53 to Article 52, with the “administrative sanctions” modified

(12) Change Articles 54 and 55 to Articles 53 and 54 respectively, and delete the words "ocean and ocean". "Fishery Department", amend "Land and Resources Department" to "Natural Resources Department".

(13) Change Article 56 to Article 55, and change it to: "Violation of this Article The regulations stipulate that anyone who engages in activities such as building new ports or docks within the area specified in Article 29 without authorization shall be ordered by the maritime administrative department to make corrections within a time limit and restore the original status, confiscate the illegal gains, and impose a fine equal to the area of ??the sea area during the period of illegal occupation of the sea area. A fine of twenty times the amount of sea area usage fee paid. "

(14) Delete Article 59.

(15) Change Article 61 to Article 59, in which "Water Conservancy Administration "Department" is changed to "Water Affairs Administrative Department".

(16) Change Article 62 to Article 60 and delete the first item.

Regarding "Weihai Amend the Municipal Residential Elderly Care Service Guarantee Regulations

(1) Amend the second paragraph of Article 5 to read: “Development and reform, education, finance, human resources and social security, natural resources, urban and rural planning, housing and urban and rural areas Relevant departments such as construction, culture and tourism, health, market supervision and management, and sports shall do a good job in ensuring residents' elderly care services in accordance with their respective responsibilities. ”

(2) Change “health and family planning” in Articles 8 and 57 to “sanitation and health”.

(3) Change paragraph 11 of Article 11 One paragraph is revised to read: “The municipal and district (county-level city) people’s governments shall include the land used for the construction of elderly care service facilities in the national land spatial planning and annual land use plan. ”

(4) Amend the second paragraph of Article 14 to read: “As for the requirements of the preceding paragraph, the urban and rural planning and housing and urban and rural development departments shall respectively provide stipulations in the opinions on planning conditions and construction conditions. Naturally, The resource department should make this clear in the land transfer contract.

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(5) Amend the first paragraph of Article 31 to read: “The establishment of an elderly care institution shall comply with the relevant conditions stipulated by the state, and shall go through registration, filing and other relevant procedures in accordance with the law. ”

(6) Amend the “municipal industrial and commercial administrative department” in paragraph 2 of Article 39 to the “municipal market supervision and management department”.

(7) Replace Article 44 is modified to read: “If an elderly care institution needs to suspend or terminate services, it shall submit a placement plan for the elderly to the civil affairs department that implements the filing sixty days before suspending or terminating services. The resettlement plan should specify the number of elderly people to be accommodated, the resettlement plan and implementation date, etc. ”

(8) Amend the first paragraph of Article 58 to read: “If relevant units and individuals commit any of the following acts, they shall be ordered to make corrections by the civil affairs department of the people’s government at or above the county level; if the circumstances are serious, A fine of not more than 30,000 yuan may be imposed:

“(1) Occupying and misappropriating the housing and land used in elderly care service facilities;

“(2) Concealing relevant information from the civil affairs department responsible for supervision and inspection circumstances, provide false materials, or refuse to provide true materials that reflect their activities. "

(9) Delete Article 60.

(10) Change Article 63 to Article 62, and modify the first item to: "( 1) Failure to complete registration, filing and other relevant formalities for the establishment of a nursing home in accordance with the law.

Revise the "Weihai City Water Conservation Regulations"

(1) Replace Article 4, Section 2 The paragraph was revised to read: “The development and reform, education, science and technology, industry and information technology, finance, natural resources, housing and urban-rural construction, agriculture and rural areas, health, market supervision and management and other departments shall work together to save water according to the division of responsibilities. . "

(2) Delete Article 18.

(3) Change Article 22 to Article 21 and read: "New construction, reconstruction, For expansion construction projects, water conservation measures plans should be formulated and supporting water conservation facilities should be constructed. Water-saving facilities should be designed, constructed and put into use at the same time as the main project. ”

(4) Article 38 is changed to Article 37, and the “land and resources administrative department” in paragraph 2 is changed to the “natural resources administrative department”.

(5) Change Article 44 to Article 43, in which "agriculture" is changed to "agriculture and rural areas" and "water conservancy" is changed to "water affairs"

(6) ) Article 45 is changed to Article 44, and "agriculture" is changed to "agriculture and rural areas" (7) Article 46 is changed to Article 45. , the "economic and information technology department" is changed to the "industrial and information technology department"

(8) Article 47 is changed to Article 46, and the "quality" is changed. "Technical Supervision Department" is changed to "Market Supervision and Management Department".

(9) Article 48 is changed to Article 47, and "Industrial and Commercial Administrative Department" is changed to "Market Supervision and Administration Department". Management Department".

(10) Change Article 51 to Article 50, and change "administrative sanction" to "disciplinary action".

(11) Delete Article 54.

(12) Change Article 55 to Article 53, and change “Economic and Information Technology Department” to “Industry and Information Technology”. Competent department".

(13) Article 57 is changed to Article 55, and "the competent department of housing and urban-rural development or other relevant departments" is changed to "the competent department of urban water conservation" ”.

(14) Article 59 is changed to Article 57, and the “land and resources administrative department” is changed to the “natural resources administrative department”.

< p>Amend the "Weihai City Drinking Water Source Protection Regulations"

(1) Amend Article 6 to read: "The municipal, district (county-level city) ecological and environmental administrative departments are responsible for their own administrative regions The preparation of water function zoning and the unified supervision and management of pollution prevention and control of drinking water sources.

"City and district (county-level city) water administrative departments are responsible for the construction and management of drinking water source projects.

"City, district (county-level city) agricultural and rural administration The competent departments are responsible for the guidance and services for the comprehensive utilization of livestock and poultry breeding waste from drinking water sources within their respective administrative regions.

“The municipal and district (county-level city) natural resources administrative departments are responsible for the approval of land use and mineral resource mining for drinking water source protection areas construction projects within their respective administrative regions, as well as the supervision and management of land use.

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“The municipal and district (county-level city) forestry administrative departments are responsible for the planning, construction and management of water source conservation forests and bank protection forests for drinking water sources within their respective administrative regions, as well as the formulation of policies for returning farmland to forest.

“Development and reform, public security, finance, housing and urban-rural construction, urban management, health and other departments at all levels should do a good job in protecting drinking water sources in accordance with their respective responsibilities.”

(2) Amend item 5 of Article 14 to read: "(5) Use explosives, drugs, and chemicals to kill fish."

(3) Amend Item 9 of Article 14 to read: "(9) Acts of destroying wetlands, destroying water source conservation forests, bank protection forests and other vegetation related to water source protection."

(4) Amend the third item of paragraph 1 of Article 15 to read: “(3) Newly build and expand livestock and poultry farms, breeding communities and specialized breeding households.

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Add three items as the fourth, fifth and sixth items: “(4) Construction of centralized storage and disposal facilities, sites or domestic waste landfills for industrial solid waste;

“(5) Establish docks for loading and unloading garbage, feces, oil and toxic substances;

“(6) Reclaim rivers and beaches, or quarry stone, sand, etc. in rivers, reservoirs, etc. Take soil and discard sand and gravel. ”

(5) Add one item to Article 16 as the second item: “(2) Setting up docks that have nothing to do with water supply needs.”

(6) Add the second item to The "agricultural administrative department" in Article 12, paragraph 1, and Article 37 is changed to the "agricultural and rural administrative department".

(7) Article 28 and Article 20 are changed. "Environmental protection" in Articles 9, 30, 31, 35, 38 and 40 is changed to "ecological environment".

(8) Amend “administrative sanctions” in Article 33 to “disciplinary action”

(9) Amend Article 34 to read: “Violation of Article 13 of this Regulation.” According to the provisions of this paragraph, anyone who intentionally alters or moves geographical boundaries, warning signs, or isolation and protection facilities without authorization shall be ordered by the public security organ to make corrections within a time limit and be fined not less than RMB 1,000 but not more than RMB 10,000. "

(10) Article 36 is revised to read: "Violating the provisions of Articles 14, 15 and 16 of these Regulations, in drinking water source quasi-protected areas and protected areas If pesticide packaging, reflective film and other agricultural production material product waste or cleaning pesticide application equipment are discarded in the city, the agricultural and rural administrative departments shall order corrections within a time limit. If the discarders are agricultural product production enterprises, farmers' professional cooperatives engaged in agricultural product production and other units, A fine of not less than 50,000 yuan but not more than 100,000 yuan may be imposed. If the discarder is an individual, a fine of not less than 200 yuan but not more than 2,000 yuan may be imposed. If a crime is constituted, criminal liability shall be pursued in accordance with the law. "

(11) Article 39 is revised to read: "Violating the provisions of Articles 15 and 16 of these Regulations, building or expanding specialized livestock and poultry breeding households in the drinking water source protection zone If it is found to be illegal, the administrative department of ecology and environment shall report it to the people's government with approval power and order it to be demolished or closed within a time limit, and shall impose a fine of not less than 20,000 yuan but not more than 100,000 yuan. "

Amend the "Weihai Coastal Zone Protection Regulations"

(1) Amend Article 6 to read: "The municipal and district (county-level city) people's governments should strengthen the Provide unified leadership for coastal zone protection, utilization and management, establish and improve a discussion and coordination mechanism, integrate management forces, and form a regulatory synergy.

"The administrative department of natural resources is responsible for the supervision and management of natural resource protection in the coastal zone on the landward side of the coastline.

"The administrative department of urban and rural planning is responsible for the coastal areas within the scope of urban and rural planning and construction land. Belt construction planning and supervision management.

“The administrative department of ecological environment is responsible for the protection of the marine environment, standardizing the setting of sewage outlets into the sea, and preventing and controlling the damage caused by pollutants to the coastal zone.

”The administrative department of marine environment is responsible for the direction of the coastline. Supervision and management of coastal zone protection on the sea side.

"The forestry administrative department is responsible for the construction, protection and management of the coastal shelterbelt system, and organizes, guides and supervises the protection of wetlands within the coastal zone.

"Development and reform, housing urban and rural areas Departments such as construction, urban management, transportation, water affairs, culture and tourism, and maritime affairs shall do a good job in coastal zone protection in accordance with their respective responsibilities. ”

(2) Delete the second paragraph of Article 7.

(3) Amend the first paragraph of Article 10 to read: “The municipal urban and rural planning administrative department shall, in conjunction with the development The reform, ecological environment, housing and urban-rural construction, transportation, water affairs, ocean, forestry, maritime and other departments and the district (county-level city) people's government shall organize the preparation of a city-wide unified special plan for coastal zone protection, determine the scope of coastal zone protection, and classify protection system and control requirements. ”

(4) Amend Article 11 to read: “The preparation of special plans for coastal zone protection shall follow ecological protection red lines, comply with national land and spatial planning, and be consistent with environmental protection planning, tourism planning, port planning and other special plans.” Planning is connected. "

(5) Amend the first paragraph of Article 19 to read: "Except for national defense and security needs, new construction, reconstruction, and expansion of development and construction projects that have nothing to do with protection are prohibited in strictly protected areas. Industrial production, mineral resource development and commercial housing construction are prohibited in the area. "

Amend the second paragraph of Article 19 to read: "In strictly protected areas and restricted development areas, it is prohibited to set up sewage outlets, blow up rocks and other activities that damage the coastal topography and ecological environment. Encourage the implementation of remediation and restoration activities that enhance the value of coastal zone resources and restore the ecological functions of coastal zones, such as retreating embankments back to the sea, dredging, and building ecological corridors. ”

(6) Amend Article 20 to read: “Except for major national projects, sea reclamation is completely prohibited. Sea reclamation activities shall comply with laws, regulations and relevant national provisions. ”

(7) Amend the first paragraph of Article 21 to read: “The municipal and district (county-level city) people’s governments shall delimit marine aquaculture prohibited areas and restricted areas within the coastal zone. All types of aquaculture activities are prohibited in the no-breeding zone. Aquaculture activities shall not be conducted beyond the scope of the breeding license in the restricted breeding area. ”

(8) Delete “with approval” in the second paragraph of Article 28.

(9) Delete Article 38.

(10) Article 39 is changed to Article 38, and the "ocean and fishery administrative department" is changed to the "ecological environment administrative department".

(11) Change Article 40 to Article 39, and amend the first paragraph to read: “Violating the provisions of Paragraph 1 of Article 21 of these Regulations, in the marine culture prohibited area Anyone who engages in aquaculture activities within the city shall be ordered by the marine administrative department to stop illegal activities, dismantle illegal breeding facilities, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan.”

Replace “environmental protection” in paragraph 2. "Administrative Department" was changed to "Ecological and Environmental Administrative Department".

(12) Delete Article 41.

(13) Change Article 42 to Article 40 and amend it to read: “Anyone who violates Article 24 of these Regulations and piles materials on the beach without authorization shall be subject to city management and administrative action. The law enforcement department shall order the cessation of illegal activities, clean up within a time limit, and impose a fine of not less than 500 yuan but not more than 5,000 yuan. If a stall is set up without authorization on the beach, the city management and administrative law enforcement department shall order it to stop the illegal activities, confiscate the illegal gains, and may impose a fine of 10,000 yuan. The following fines are imposed. Anyone who engages in open-air barbecues and other activities on the beach within the urban planning area shall be ordered by the city management and administrative law enforcement department to stop the illegal activities, confiscate the barbecue tools and illegal gains, and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan on the unit, and a fine of not less than 2,000 yuan on the individual. A fine of not less than RMB 500 but not more than RMB 1,000 shall be imposed.”

(14) Article 43 and Article 46 shall be changed to Article 41 and Article 44 respectively. The "marine and fishery administrative department" was changed to "marine administrative department".

(15) Change Article 44 to Article 42, and amend it to read: “Violating the provisions of Paragraph 2 of Article 27 of these Regulations and occupying public activity areas without authorization Those who engage in commercial activities shall be ordered to make corrections by the urban management and administrative law enforcement department; if they refuse to make corrections, they shall be fined not less than 2,000 yuan but not more than 20,000 yuan.”

(16) Change Article 45. It is Article 43 and is revised to: “Anyone who violates the provisions of Paragraph 1 of Article 28 of these Regulations and builds a new sewage outlet into the sea within the coastal zone shall be ordered to dismantle it within a time limit by the administrative department of ecology and environment and shall be fined 20,000 yuan. A fine of not less than 100,000 yuan but not more than 100,000 yuan is imposed.

“Anyone who violates the provisions of Article 28, Paragraph 3 of these Regulations and discharges sewage without harmless treatment or that exceeds the standard in the coastal zone and rivers entering the sea shall be punished by the ecological environment. The administrative departments shall pursue legal responsibilities in accordance with the provisions of the Marine Environmental Protection Law of the People's Republic of China and the Water Pollution Prevention and Control Law of the People's Republic of China. "

This decision will come into effect from the date of announcement.

"Weihai City Urban Style Protection Regulations", "Weihai City Residential Elderly Care Service Guarantee Regulations", "Weihai City Water Conservation Regulations", "Weihai City Water Conservation Regulations" The Municipal Drinking Water Source Protection Regulations and the Weihai Coastal Zone Protection Regulations will be revised accordingly according to this decision and the order of the provisions will be adjusted accordingly and re-announced.