ReleaseNo.: Decree No.22 of Guiyang Municipal People's Government
The measures for the protection and management of ancient and famous trees in Guiyang have been adopted at the executive meeting of the Municipal People's Government on February 4, 2006, and are hereby promulgated. Is hereby promulgated and shall come into force as of February 6, 2007.
Mayor of Zhou Yuan
20061February 1 1 day
Measures of Guiyang Municipality on the Protection and Management of Ancient and Famous Trees
Article 1 In order to strengthen the protection and management of ancient and famous trees, these Measures are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the protection and management of ancient and famous trees within the administrative area of this Municipality.
Article 3 The term "ancient trees" as mentioned in these Measures refers to trees whose age is more than 100 years. The term "ancient trees" as mentioned in these Measures refers to trees with historical value, commemorative significance and important scientific research value.
Article 4 People's governments at all levels shall strengthen publicity and education on the protection of ancient and famous trees, encourage and promote scientific research on the protection of ancient and famous trees, popularize scientific research results on the protection of ancient and famous trees, and commend or reward units and individuals that have made remarkable achievements in the protection of ancient and famous trees.
Article 5 All units and individuals have the obligation to protect ancient and famous trees, and have the right to report acts that damage ancient and famous trees.
Sixth city gardens, forestry greening department is the administrative department in charge of the protection and management of ancient and famous trees, responsible for guiding and supervising the implementation of the protection and management measures of ancient and famous trees.
District, county (city) department in charge of landscape and forestry greening is the administrative department in charge of the protection and management of ancient and famous trees within its jurisdiction, and is responsible for the investigation, identification, grading, photographing, registration, numbering and filing of ancient and famous trees within its jurisdiction; Set up signs for ancient and famous trees, delimit the scope of protection, and implement the units responsible for conservation.
Urban planning, environmental protection, urban management, finance and other departments should coordinate the protection and management of ancient and famous trees according to their duties.
Article 7 The administrative department of ancient and famous trees shall set up ancient and famous tree signs in a prominent position around ancient and famous trees, indicating the tree name, scientific name, family and genus, grade, age, number of trees, management unit and other contents; Ancient and famous trees with special historical, cultural and scientific research value and commemorative significance shall be explained in writing.
Eighth where the age of more than 300 years, with important historical value, commemorative significance, important scientific research value of ancient and famous trees, for the first-class ancient and famous trees; The rest are second-class ancient and famous trees.
The list of ancient and famous trees shall be confirmed by the municipal administrative department of ancient and famous trees, and shall be published after being approved by the Municipal People's government.
Article 9 The protection of ancient and famous trees shall follow the principle of combining the protection and management of departments and units with territorial protection and management, and combining regular maintenance with daily maintenance.
(a) the ancient and famous trees growing in urban primary and secondary roads, public green spaces, state-owned forestry enterprises and institutions, railways, highways, reservoirs and rivers shall be managed and protected by their management departments respectively;
(two) the ancient and famous trees growing on the land used by organs, organizations, enterprises and institutions, military units, scenic spots, parks, cultural relics protection units, temples and other units shall be managed and protected by their units;
(three) the ancient and famous trees growing in small streets, residential areas, residential courtyards and rural collective land shall be managed by the Township People's government or street offices.
The unit responsible for the management and protection of ancient and famous trees shall implement the person responsible for management and protection.
Encourage units and individuals to participate in the protection and management of ancient and famous trees in the form of donation and adoption.
Article 10 Where the management and protection unit of ancient and famous trees is changed, it shall go through the transfer procedures of management and protection responsibility at the administrative department of ancient and famous trees.
Eleventh prohibit unauthorized felling and transfer of ancient and famous trees. If it is necessary to migrate ancient and famous trees due to special needs, the construction unit must apply and formulate a transplant protection plan. The administrative department of ancient and famous trees shall, after examination and approval according to the division of responsibilities, submit it for approval according to the procedures.
Old and famous trees that have been approved for transplantation shall be transplanted by qualified greening operation units in accordance with the approved transplantation protection scheme.
Article 12 In case of the death of ancient and famous trees, the responsible management unit or responsible person shall report to the administrative department of ancient and famous trees in time, and the administrative department of ancient and famous trees shall confirm and clarify the responsibilities, formulate a plan for cleaning up dead trees, and after approval according to the procedures, the responsible management unit may organize the cleaning up of dead trees, and the administrative department of ancient and famous trees may cancel it.
Thirteenth prohibit the following acts of damage to ancient and famous trees:
(1) Carving, nailing, hanging articles, winding ropes and erecting wires on trees;
(2) Using trees as supports or fixtures;
(3) Climbing trees, breaking branches, digging roots, picking fruit seeds or peeling branches, trunks and barks;
(4) stacking materials, digging holes for earth, using naked flames, discharging smoke and dust, dumping harmful sewage, dirt and garbage, and building buildings or structures within 5 meters outside the tree crown;
(five) the hardened and solidified ground that affects the growth of ancient and famous trees;
(six) damage to ancient and famous trees protection signs and facilities;
(seven) other acts of damage to ancient and famous trees.
Article 14 The unit or person responsible for the management and protection of ancient and famous trees shall be responsible for the daily maintenance and management of ancient and famous trees in accordance with the technical specifications to ensure the normal growth of ancient and famous trees.
Fifteenth in case of serious drought, floods and other natural disasters, the old and famous trees management responsibility unit or responsible person shall take timely protective measures.
Ancient and famous trees have serious diseases and insect pests or abnormal conditions such as weak growth and withering, and the responsible unit or person in charge of management and protection shall report to the local administrative department of ancient and famous trees in time.
Article 16 The administrative department of ancient and famous trees shall strengthen the management of ancient and famous trees, regularly check the growth and management of ancient and famous trees, formulate specific measures such as treatment, rejuvenation and rescue for ancient and famous trees that are endangered by pests and diseases, and supervise their implementation.
Seventeenth old and famous trees to declare the listing, rejuvenation, rescue and protection facilities required funds, by the city, district (city, county) people's government to be guaranteed.
Eighteenth in violation of the provisions of the first paragraph of Article eleventh of these measures, the illegal felling of trees and illegal income shall be confiscated, and a fine of 1000 to 30000 yuan may be imposed; Unauthorized migration of ancient and famous trees, shall be ordered to stop the infringement, restitution; If losses are caused, they shall be liable for compensation and may be fined 0 to 3 times the value of the losses caused.
Nineteenth in violation of the provisions of the second paragraph of Article 11 of these measures, the illegal income of the operation unit shall be confiscated and a fine of 20% to 65% of the total cost of the transplant project shall be imposed.
Twentieth in violation of the provisions of article thirteenth of these measures, shall be ordered to make corrections, and may impose a fine of more than 300 yuan 1000 yuan.
Article 21 Where the unit or person responsible for the management and protection of ancient and famous trees fails to take protective measures for ancient and famous trees in accordance with the technical specifications for management and protection, it shall be ordered to make corrections, and a fine of more than 300 yuan 1000 yuan may be imposed.
Twenty-second the administrative punishment stipulated in Article eighteenth, nineteenth, twentieth and twenty-first of these measures shall be implemented by the urban management administrative law enforcement department in the area where the comprehensive law enforcement of urban management is implemented according to law; In other areas, the administrative department of ancient and famous trees is responsible for the implementation.
Twenty-third in violation of the provisions of these measures, resulting in damage or death of ancient and famous trees, shall be liable for compensation according to law, constitute a crime, shall be investigated for criminal responsibility according to law.
Article 24 Any staff member of the administrative department of ancient and famous trees who neglects his duty, abuses his power or engages in malpractices for selfish ends shall be given administrative sanctions by his unit or the competent authority at a higher level according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-fifth the implementation since February 6, 2007.
Issuing authority: Zunyi Municipal People's Government of Guizhou Province.
Release number:
Decree number. Decree No.37 of Zunyi Municipal People's Government
The measures for the protection and management of ancient and famous trees in Zunyi City have been adopted at the 26th executive meeting of the Municipal People's Government on April 5, 2004, and are hereby promulgated and shall come into force as of the date of promulgation. ?
Mayor: Lu Shouxiang?
April 2, 20041day
Measures for the protection and management of ancient and famous trees in Zunyi City?
Article 1 In order to effectively strengthen the protection and management of ancient and famous trees, these Measures are formulated in accordance with the provisions of the Forest Law of People's Republic of China (PRC), the Regulations on Urban Greening, the Measures for the Protection and Management of Ancient and Famous Trees in Cities, the Measures for the Management of Urban Greening in Guizhou Province and the Measures for the Management of Urban Greening in Zunyi City, combined with the actual situation of this Municipality. ?
Article 2 These Measures shall apply to the protection and management of ancient and famous trees within the administrative area of this Municipality. ?
Article 3 The term "ancient trees" as mentioned in these Measures refers to trees whose age is more than 100 years or whose DBH is more than 100 cm. ?
The term "ancient trees" as mentioned in these Measures refers to trees with historical commemorative significance and scientific research value recognized by forestry administrative departments at or above the provincial level or other departments, precious trees, whose export is prohibited or restricted by the state, and trees listed in the national list of key protected wild plants. ?
Article 4 The ancient and famous trees shall be confirmed and published by the people's government of the city, the ancient and famous trees in the urban planning area shall be reported to the provincial construction administrative department for the record, and the ancient and famous trees outside the urban planning area shall be reported to the provincial forestry administrative department for the record. ?
Fifth people's governments at all levels of forestry and landscape administrative departments responsible for the protection and management of ancient and famous trees within their respective administrative areas. Where scenic spots and forest parks intersect, the protection and management of their ancient and famous trees shall be determined by a department of the Municipal People's Government. ? Article 6 The administrative departments of forestry and landscape architecture of the people's governments at all levels shall investigate, identify, classify, register and number the ancient and famous trees within their respective administrative areas, and establish files and signs. ?
Seventh protection and management of ancient and famous trees should follow the principle of combining the protection and management of professional maintenance departments with the protection and management of units and individuals.
(a) organs, schools, military units, organizations and other enterprises and institutions and parks, scenic spots, temples and other land within the scope of the old and famous trees, by the unit responsible for; ?
(two) the ancient and famous trees on the city square, green space, small garden and road land shall be responsible for the landscaping unit; ?
(three) the ancient and famous trees in residential areas and residents' courtyards shall be in charge of the property management unit or the subdistrict office and the town (township) people's government; ? (four) the ancient and famous trees within the scope of railways, highways and river embankments are respectively responsible for the railway, highway and river management departments; ?
(five) the old and famous trees outside the urban planning area shall be responsible for the units or individuals designated by the administrative department of forestry of the people's government at the county level. ?
Article 8 All units and individuals have the obligation to protect ancient and famous trees and their ancillary facilities, and have the right to stop, report and accuse acts that damage or destroy ancient and famous trees and their ancillary facilities. Encourage units and individuals to invest in the management and protection of ancient and famous trees. ?
Ninth units and individuals that have made remarkable achievements in the protection and management of ancient and famous trees shall be commended and rewarded by the people's governments at or above the county level. ? Tenth people's governments at all levels of forestry and landscape administrative departments should strengthen scientific research on the protection of ancient and famous trees, popularize and apply scientific research results, and improve the level of protection and management; Should sign a management responsibility letter with the old and famous trees management responsibility unit. ?
Eleventh ancient and famous trees maintenance costs borne by the responsible units or responsible persons of ancient and famous trees. The expenses for the rescue and rejuvenation of ancient and famous trees shall be appropriately subsidized by the administrative departments of forestry and landscape architecture. People's governments at all levels shall arrange certain funds from urban maintenance fees and forestry greening funds for the protection and management of ancient and famous trees. Where the units or individuals responsible for the management and protection of ancient and famous trees change, they shall go through the procedures for the transfer of management and protection responsibilities to the administrative departments of forestry and gardens of the people's governments at or above the county level. ?
Twelfth old and famous trees management and protection responsibility units should be in accordance with the technical specifications for the management and protection of old and famous trees. Where ancient and famous trees are weak or endangered, the responsible management and protection unit shall promptly report to the administrative departments of forestry and landscape architecture, and carry out management and rejuvenation according to its requirements. The death of ancient and famous trees shall be reported to the administrative department of forestry and landscape architecture at the county level to confirm and find out the reasons, and the responsibility shall be clarified before treatment. After the death of ancient and famous trees, it is strictly forbidden to use the land within the protection scope of the original ancient and famous trees for other purposes without authorization. ?
Thirteenth old and famous trees owned by collectives and individuals shall not be bought, sold or transferred without the examination of the county-level forestry and landscape administrative departments and the approval of the county-level people's government; Those who donate to the country should be given appropriate rewards. ?
Fourteenth prohibit the following damage, destruction of ancient and famous trees and their ancillary facilities:
(1) Climbing trees, breaking branches and peeling bark; ?
(2) Using tree trunks as supports or leaning against trees to build sheds; ?
(three) scoring, nailing, hanging rope hanging objects; ?
(four) damage to the ancillary facilities of ancient and famous trees; ?
(5) Digging holes, using naked flames, discharging waste gas, dumping sewage and dirt, stacking articles and closing the ground within the vertical projection range of the tree crown; ?
(six) new temporary buildings, structures and buried underground pipelines within 5 meters outside the crown. ?
Fifteenth county forestry and garden administrative departments shall, according to the needs of the growth of ancient and famous trees, delimit the scope of protection of ancient and famous trees, and send the protection files to the administrative departments of land and resources, environmental protection and planning for the record. ?
Sixteenth construction projects involving ancient and famous trees, the construction unit must put forward avoidance and protection programs. The planning administrative department shall solicit the opinions of the administrative departments of forestry and landscape architecture when handling the relevant planning procedures, and report to the people's government at or above the county level for approval. ? Seventeenth prohibit unauthorized felling and transplanting of ancient and famous trees. If it is really necessary to transplant ancient and famous trees due to special needs, it shall be approved by the municipal administrative department of forestry and landscape architecture, and reported to the municipal people's government and the provincial administrative department of construction and forestry for approval. Old and famous trees that have been transplanted for more than 300 years, are particularly rare or have important historical value and commemorative significance, and shall be submitted for approval according to relevant procedures after being examined and approved by the Municipal People's government and the provincial construction and forestry administrative departments. The old and famous trees that have been approved for transplantation shall be transplanted by the units designated by the administrative departments of forestry and landscape architecture in accordance with the approved transplantation scheme and location. The construction cost of transplantation, tree compensation and special maintenance cost within three years after transplantation shall be borne by the construction unit. ?
Eighteenth in violation of the provisions of these measures, the administrative department of forestry and landscape architecture shall order it to immediately stop the illegal behavior, and shall be investigated for corresponding legal responsibilities according to law; If losses are caused, it shall be liable for compensation. Among them, in violation of the relevant provisions of Article 14 of these Measures, a fine of 10 yuan to 1000 yuan may be imposed; Unauthorized transplantation or abnormal pruning of ancient and famous trees may impose a fine of not less than 30 thousand yuan in 500 yuan; Damage, cutting down old and famous trees, and may impose a fine of 3000 yuan to 30000 yuan. ?
Nineteenth approach by the Legal Affairs Office of Zunyi Municipal People's government is responsible for the interpretation of. ?
Article 20 These Measures shall come into force as of the date of promulgation.