General Rules of Hangzhou Municipality on Urban Greening Management

The ownership and income of trees shall be handled in accordance with the following provisions:

First, urban landscaping management departments rely on professional teams to mobilize the masses to plant trees on public green spaces, which are owned by the state.

Two, the West Lake scenic area in the forest, according to the relevant provisions of the forest rights certification.

Three, organs, troops, enterprises and institutions and people's organizations in the land within the scope of their own investment in planting and management of trees, owned by the unit.

Four, the trees planted in the greening projects of urban residential areas are owned by the state; Tree management income belongs to the management department.

Five, the trees planted and managed at their own expense in urban private gardens are owned by individuals. When the garden land is allocated by the state to others for use, the trees should be priced according to the relevant provisions, or transplanted by the owners of the trees. No matter whether public or private trees are cut down, it must be reported to the municipal landscaping management department for approval, except in accordance with the provisions of Article 7. Without approval, any unit or

Individuals are not allowed to cut down trees. Violation of the provisions of this Ordinance, depending on the seriousness of the case, shall be punished by the urban landscaping management department; Landscaping management personnel who violate these regulations shall be given a heavier punishment. There are five kinds of punishment:

1. Ordering to make a statement of repentance;

Second, order restitution;

3. Order compensation for losses;

Fourth, informed criticism;

5. Fine.

The above five punishments can be applied separately or in combination. These Regulations shall come into force as of the date of promulgation. 1984 10 10 On 8 October, the Hangzhou Municipal People's Government promulgated the Measures for the Protection and Management of Urban Greening in Hangzhou, which shall be abolished at the same time.

Regulations of Hangzhou Municipality on the Administration of Urban Greening

Announcement No.5 1

2010 65438+On February 22nd, the 29th meeting of the Standing Committee of the 11th People's Congress of Hangzhou deliberated and passed the Regulations of Hangzhou Municipality on Urban Greening Management, which was approved by the 25th meeting of the Standing Committee of the 11th People's Congress of Zhejiang Province on 20/kloc-0 65438, and is hereby promulgated, since 20/kloc-0 65438.

June 9, 2065 438+0 1

Decision of the Standing Committee of Zhejiang Provincial People's Congress on Approving the Regulations of Hangzhou Municipality on Urban Greening Management

(Adopted at the 25th meeting of the Standing Committee of the 11th Zhejiang Provincial People's Congress on May 25th, 201/)

According to the provisions of the second paragraph of Article 63 of the Legislative Law of People's Republic of China (PRC), the 25th meeting of the Standing Committee of the 11th People's Congress of Zhejiang Province considered the Regulations of Hangzhou Municipality on Urban Greening Management adopted by the 29th meeting of the Standing Committee of the 11th People's Congress of Hangzhou, and now it is decided to approve it, which will be promulgated and implemented by the Standing Committee of Hangzhou Municipal People's Congress.

Regulations of Hangzhou Municipality on the Administration of Urban Greening (adopted at the 29th meeting of the Standing Committee of the 11th People's Congress of Hangzhou on February 22nd, 201/,and approved at the 25th meeting of the Standing Committee of the 11th People's Congress of Zhejiang Province on May 25th)

Chapter I General Provisions

Article 1 In order to promote the development of urban greening, improve the urban ecological environment and meet the needs of the development of international scenic tourist cities, these Regulations are formulated in accordance with the provisions of the State Council's Regulations on Urban Greening, Regulations on Quality Management of Construction Projects and other laws and regulations, combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to the planning, construction, protection and management of urban greening within the urban area of Hangzhou.

Third city greening administrative departments responsible for the city's urban greening management.

City greening management agencies can be entrusted by the municipal administrative department of urban greening, specifically responsible for the bidding management of urban greening maintenance and greening project construction; City greening project quality and safety supervision institutions can be entrusted by the municipal administrative department of urban greening, specifically responsible for the quality and safety supervision and management of greening projects.

The administrative department of urban greening determined by the people's governments of all districts (hereinafter referred to as the administrative department of urban greening) shall be responsible for the management of urban greening within its jurisdiction in accordance with the division of responsibilities and the provisions of these regulations.

Construction, urban and rural planning, land and resources, urban management, finance, price, urban management and law enforcement departments, as well as township (town) people's governments and sub-district offices shall, according to their respective responsibilities, coordinate the implementation of these regulations.

The greening work managed by forestry and other administrative departments as stipulated by relevant laws and regulations shall be implemented in accordance with relevant laws and regulations.

Article 4 The municipal and district people's governments shall organize and promote nationwide voluntary tree planting activities and mass urban greening.

Units and individuals shall fulfill the obligation of planting trees in accordance with the relevant provisions of the state.

Encourage units and individuals to participate in the construction and maintenance of urban greening by means of investment, donation and adoption. Units or individuals who donate or adopt can enjoy the right to name green space and trees for a certain period of time.

Fifth urban greening should be rational allocation of plant species, pay attention to the function, ecological effect and landscape requirements of green space.

The municipal administrative department of urban greening shall organize forces to strengthen scientific and technological research on urban greening, popularize advanced technologies, cultivate and introduce excellent varieties, optimize plant allocation, and promote the city to carry out conservation-oriented landscaping work.

Sixth of the destruction of urban greening and greening facilities, any unit or individual has the right to dissuade, complain and report.

Units and individuals that have made significant contributions to urban greening work shall be commended and rewarded by the municipal and district people's governments or the administrative departments of urban greening.

Chapter II Planning and Construction

Article 7 The Municipal People's Government shall formulate the overall goal of urban greening, organize the competent department of urban and rural planning and urban greening administration to prepare the urban green space system planning, and incorporate it into the overall urban planning.

Article 8 The municipal administrative department of urban and rural planning shall, jointly with the municipal administrative department of urban greening, determine the control lines of various urban green spaces (hereinafter referred to as green lines) according to the regulatory detailed planning and urban green space system planning, and make them public and accept public supervision.

The green line shall not be adjusted at will. If it is necessary to adjust the green line and reduce the planned green space due to urban construction, the municipal administrative department of urban and rural planning shall, jointly with the municipal administrative department of urban greening and the municipal administrative department of land and resources, implement the new planned green space.

Ninth municipal and district people's governments shall, according to the urban green space system planning, organize the preparation of the annual phased construction plan.

The municipal and district people's governments shall arrange appropriate funds for the construction, maintenance and management of urban green space every year.

Tenth construction projects should be in accordance with the provisions of the proportion of green space. The proportion of the attached green space area of the construction project to the total land area of the construction project shall be implemented in accordance with the relevant provisions of the state. The specific measures shall be formulated separately by the Municipal People's Government.

Eleventh urban and rural planning administrative departments to determine the planning and design conditions of construction projects shall conform to the proportion of attached green space stipulated by the state.

The design scheme of the greening project attached to the construction project shall be examined and approved in accordance with the basic construction procedures, and the municipal administrative department of urban greening shall participate in the examination.

The design scheme of greening projects such as park green space, protective green space, scenic forest land and road green space shall be reported to the municipal administrative department of urban greening for comments. The municipal administrative department of urban greening may organize experts to demonstrate the design scheme and put forward opinions.

Twelfth greening project design, construction and other work should be undertaken by units with corresponding qualifications, and in line with relevant technical standards and norms. Relevant qualifications shall be managed in accordance with relevant state regulations.

Thirteenth greening project bidding according to law, should be carried out in accordance with the relevant provisions of the state, province and city.

Fourteenth the use of financial funds for the construction of parks and other greening projects, the construction unit shall go through the procedures for quality and safety supervision of greening projects to the municipal administrative department of urban greening before construction.

After the completion of the park green space and greening project specified in the preceding paragraph, the construction unit shall, within fifteen days from the date of completion and acceptance of the project, file with the municipal administrative department of urban greening construction.

Fifteenth affiliated greening projects of construction projects should be planned, designed and implemented at the same time as the main project.

Sixteenth to encourage the development of roof greening, vertical greening and other forms of three-dimensional greening and open greening. Roof greening and vertical greening area can be converted into the attached greening area of construction projects in proportion, and the specific measures shall be formulated separately by the Municipal People's Government.

Newly-built organs, institutions, cultural, sports, educational and other public service facilities, as well as commercial and financial construction projects, where the buildings are suitable for roof greening, roof greening should be implemented.

Urban elevated roads, rail transit and other municipal public facilities are suitable for vertical greening, and vertical greening should be implemented.

Units on both sides of the city's main roads shall implement open greening except for special safety needs.

Chapter III Protection and Management

Seventeenth the use of financial funds for the construction of urban green space, by the administrative department of urban greening or its entrusted units responsible for the maintenance and management; The green space attached to the unit and the protective green space within its management boundary shall be maintained and managed by the unit; The production of green space is maintained and managed by its business unit; The attached green space of residential areas that have implemented property management shall be maintained and managed by the owners or their entrusted property service enterprises in accordance with the agreement; The attached green space of residential areas without property management shall be maintained and managed by the township (town) people's government and sub-district offices where it is located.

Greening maintenance costs shall be borne by the maintenance management unit. Among them, the maintenance cost of the attached green space in residential areas without property management shall be borne by the township (town) people's government and street offices responsible for maintenance and management, and the municipal and district finance shall give appropriate subsidies.

Outside the provisions of the first paragraph of this article, green spaces and scattered trees, as well as green spaces and trees with unclear or controversial responsibility for conservation and management, shall be determined by the local district people's government and reported to the municipal urban greening administrative department for the record, and the greening maintenance costs shall be borne by the municipal and district finance in accordance with the prescribed proportion.

The municipal administrative department of urban greening shall formulate technical specifications for green space conservation, which shall be implemented after being approved and promulgated by the Municipal People's Government. Green space conservation management units shall implement conservation management in accordance with the technical specifications for green space conservation, and formulate emergency plans for disaster prevention and mitigation. In case of typhoon, gale, rainstorm and other disastrous weather, safety protection measures should be taken for trees.

Eighteenth the use of financial funds to implement the maintenance of urban green space, green space maintenance management unit entrusted professional maintenance units to implement daily maintenance management, it should be determined through bidding with the corresponding maintenance capacity of the unit.

Nineteenth existing urban green spaces and planned green spaces, no unit or individual may occupy, change the nature of their green spaces or destroy their topography, landforms, water bodies and vegetation without authorization. Occupation of urban green space shall be approved by the municipal administrative department of urban greening and the administrative department of urban and rural planning, and reported to the Municipal People's government for approval.

If it is really necessary to occupy urban green space due to inevitable construction projects or other special reasons, the construction unit shall easily build green space of the same area within the same grade of land nearby; Can not be easily built nearby, it shall pay the compensation fee for urban greening to the municipal administrative department of urban greening.

Twentieth because of the need for temporary occupation of urban green space for construction projects, the construction unit shall obtain the permission of the municipal administrative department of urban greening in advance, and pay the compensation fee for urban greening in accordance with the regulations.

Temporary occupation of urban green space shall not exceed two years. Temporary occupation units shall be restored to the original state within the prescribed time limit after the occupation expires. Overdue restitution, according to the unauthorized occupation of urban green space.

Twenty-first prohibit the following acts of destroying urban greening:

(a) Damage to lawns, flower beds or hedges;

(2) Climbing flowers and trees, tying, nailing, carving, rowing and enclosing trees, peeling and scraping bark;

(3) Dumping wastes, reclaiming and planting, parking vehicles, taking soil and quarrying, stacking articles and setting up stalls in urban green spaces;

(four) unauthorized excavation of urban green space;

(five) other acts that undermine urban greening.

Article 22 Where there are trees in the land for construction projects, the municipal administrative department of urban and rural planning shall inform the municipal administrative department of urban greening when choosing the site for construction projects, and the municipal administrative department of urban greening shall put forward opinions.

Twenty-third district urban greening administrative departments shall regularly prune street trees, and the departments of electric power, posts and telecommunications, and traffic management of public security organs shall cooperate.

In addition to the green space conservation management unit in accordance with the technical specifications for the implementation of conservation, it is forbidden for any unit or individual to prune trees without authorization.

Units or individuals that need to prune trees for the following reasons shall apply to the administrative department in charge of urban greening in the district where they are located, and the administrative department in charge of urban greening in the city and district shall make a decision according to the division of responsibilities stipulated by the Municipal People's Government:

(a) the needs of urban construction;

(two) seriously affecting the lighting, ventilation or residential safety of residents;

(three) trees pose a threat to personal safety or other facilities.

Article 24 No unit or individual is allowed to move trees without authorization.

Units or individuals that really need to move trees for the following reasons shall apply to the local urban greening administrative department, and the municipal and district urban greening administrative departments shall make a decision in accordance with the division of responsibilities stipulated by the Municipal People's government:

(a) the needs of urban construction;

(two) seriously affecting the lighting, ventilation and living safety of residents;

(three) trees pose a threat to personal safety or other facilities.

Article 25 No unit or individual may cut down trees without authorization.

Units or individuals that need to cut down trees for the following reasons shall apply to the local urban greening administrative department, and the municipal and district urban greening administrative departments shall make a decision in accordance with the division of responsibilities stipulated by the Municipal People's government:

(a) the needs of urban construction;

(two) seriously affecting the lighting, ventilation or residential safety of residents, and the trees have no migration value;

(three) threatening personal safety or other facilities, and the trees have no migration value;

(four) the occurrence of quarantine pests and diseases can not be saved or the natural death of trees;

(five) affect the growth and tending of other trees, and the trees have no migration value.

Twenty-sixth in case of fire, flood and other emergencies, the relevant departments can prune or cut down trees in advance according to the danger, but they should go through the relevant formalities at the administrative department of urban greening and the green space maintenance and management unit within 48 hours.

Twenty-seventh trees over a hundred years old, rare and precious trees and trees with historical value and important commemorative significance are all ancient and famous trees. Cutting, pruning, transferring and otherwise damaging ancient and famous trees are prohibited.

The municipal administrative department of urban greening shall establish archives and signs for ancient and famous trees, and strengthen maintenance and management.

The old and famous trees in the unit and its management boundary and the affiliated green space of the residents' courtyard shall be jointly maintained and managed by the unit and the residents. The administrative department in charge of urban greening shall conduct regular inspections and give technical guidance.

Article 28 The protection scope of ancient and famous trees is the vertical projection area of the crown and the range of five meters outside the vertical projection area.

In the case of engineering construction within the protection scope of ancient and famous trees, the construction unit shall formulate avoidance or protection measures in accordance with the requirements of the municipal urban greening administrative department to protect ancient and famous trees.

Twenty-ninth municipal greening administrative departments shall establish a plant epidemic monitoring and forecasting network, prepare emergency plans for greening and disaster prevention, and improve the early warning and prevention and control system of harmful plants.

Article 30 The municipal administrative department of urban greening shall strengthen the investigation, monitoring and monitoring of urban greening resources, establish a credit evaluation system related to urban greening, improve the urban greening management information system, and publish relevant information on greening construction, maintenance and management according to law.

Chapter IV Cost Management

Thirty-first urban greening compensation fees shall be formulated by the municipal finance and price administrative department in conjunction with the municipal urban greening administrative department in accordance with the relevant provisions of the province and submitted to the Municipal People's government for approval and promulgation.

The urban greening compensation fee charged by the administrative department of urban greening in accordance with the provisions of these regulations shall be turned over to the finance and used for special purposes.

Thirty-second financial, auditing and other relevant administrative departments should strengthen the supervision and management of the collection and use of financial funds and greening expenses invested in urban greening construction and maintenance.

Chapter V Legal Liability

Thirty-third maintenance management units in violation of the provisions of the fourth paragraph of this Ordinance seventeenth, not in accordance with the technical specifications for the implementation of green space maintenance and management, shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than two thousand yuan but not more than ten thousand yuan shall be imposed.

Thirty-fourth units or individuals in violation of the provisions of the first paragraph of Article nineteenth of this Ordinance, unauthorized occupation of urban green space, shall be ordered to make corrections within a time limit, and impose a fine of more than one time and less than three times the compensation fee for urban greening; If losses are caused, it shall be liable for compensation according to law.

Thirty-fifth in violation of the provisions of the second paragraph of article twenty-first, shall be ordered to stop the illegal act, and may impose a fine of twenty yuan or more than two hundred yuan; In violation of the provisions of the first, third, fourth and fifth items of article twenty-first, it shall be ordered to stop the illegal act, restore to the original state, and may be fined between two hundred yuan and two thousand yuan.

Thirty-sixth units or individuals in violation of the provisions of the second paragraph of article twenty-third, unauthorized pruning of trees, shall be ordered to stop the illegal act, and impose a fine of more than one time and less than five times the value of trees; If losses are caused, it shall be liable for compensation according to law.

Thirty-seventh units or individuals who move trees without authorization in violation of the provisions of the first paragraph of Article 24 of these regulations shall be ordered to stop the illegal act and impose a fine of more than one time and less than five times the value of the trees.

Thirty-eighth units or individuals in violation of the provisions of the first paragraph of article twenty-fifth of these regulations, unauthorized felling of trees, shall be ordered to stop the illegal behavior, and impose a fine of more than one time and less than five times the value of trees; If losses are caused, it shall be liable for compensation according to law.

Article 39 Whoever, in violation of the provisions of the first paragraph of Article 27 of these regulations, cuts down, prunes, migrates or otherwise damages ancient and famous trees or causes the death of ancient and famous trees shall be ordered to stop the illegal act and be fined not less than 5 times the value of trees 1 times; If losses are caused, it shall be liable for compensation according to law.

Article 40 Anyone who violates the provisions of Article 13 and Article 14 of these regulations shall be punished by the municipal urban greening administrative department or its entrusted municipal urban greening management institution and municipal urban greening quality and safety supervision institution in accordance with laws and regulations such as "People's Republic of China (PRC) Bidding Law", "Regulations on Quality Management of Construction Projects" and "Regulations on Safety Management of Construction Projects".

Forty-first the administrative punishment stipulated in Article 33 to Article 39 of these regulations, if the illegal act occurs within the scope of Hangzhou West Lake Scenic Area, shall be decided by the municipal administrative department of urban greening; If the illegal act occurs outside the scope of Hangzhou West Lake Scenic Area, it shall be decided by the urban management administrative law enforcement organ.

Article 42 If the staff of the urban greening administrative department and other relevant administrative departments neglect their duties, abuse their powers or engage in malpractices for selfish ends in the management of urban greening, they shall be given administrative sanctions by their units, the competent department at a higher level or the supervisory organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 43 The term "urban green space" as mentioned in these Regulations includes:

(1) Park green space: open to the public, with recreation as the main function and ecological, beautification and disaster prevention functions (including the waters within its scope);

(2) Production green space: refers to nurseries, grass nurseries, flower nurseries and other nurseries that provide seedlings, flowers and seeds for urban greening;

(3) Protective green space: refers to the green space with sanitation, isolation and safety protection functions in the city;

(4) Attached green space: refers to the attached green space in all kinds of land except green space in urban construction land;

(five) other green spaces refer to green spaces that have a direct impact on the quality of urban ecological environment, residents' leisure life, urban landscape and biodiversity protection.

The term "existing urban green space" as mentioned in these Regulations refers to the green space that has been built and the red line of land use planning for construction projects has been determined.

The term "planned green space" as mentioned in these Regulations refers to the urban greening planning land determined by the overall urban planning, urban green space system planning and regulatory detailed planning.

Article 44 Where these Regulations involve the functions and powers of the people's governments of Xiaoshan District and Yuhang District and their relevant administrative departments, they shall be handled in accordance with the relevant provisions of provinces and municipalities.

Article 45 These Regulations shall come into force on the date of 201101.