Release number: Order No.22 of Guiyang Municipal People's Government
"Measures for the Protection and Management of Ancient and Famous Trees in Guiyang City" was adopted at the executive meeting of the Municipal People's Government on December 4, 26. Are hereby promulgated and shall come into force as of February 1, 27.
Mayor Yuan Zhou
December 11, 26
Measures for the Protection and Management of Ancient and Famous Trees in Guiyang
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 the actual situation of this Municipality.
article 2 these measures are applicable 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 that are more than 1 years old. The term "famous 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 achievements on the protection of ancient and famous trees, and commend or reward units and individuals that have made outstanding 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.
article 6 the municipal department in charge of landscaping and forestry greening is the administrative department in charge of the protection and management of ancient and famous trees in the city, and is responsible for guiding and supervising the implementation of the protection and management measures of ancient and famous trees.
The competent department of district, county (city) gardens 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 in the protection and management of ancient and famous trees according to their responsibilities.
article 7 the administrative department in charge of ancient and famous trees shall set up ancient and famous tree signs in a conspicuous position around ancient and famous trees, indicating the tree name, scientific name, family and genus, grade, age, tree number and management unit, etc. Ancient and famous trees with special historical, cultural, scientific research value and commemorative significance shall be explained in writing.
article 8 ancient and famous trees that are over 3 years old and have important historical value, commemorative significance and scientific research value are 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 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 the protection and management of territories, 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, and railways, highways, reservoirs and rivers are managed and protected by their management departments respectively;
(2) Old and famous trees that grow within 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;
(3) The Township People's Government or sub-district offices shall be responsible for organizing the management and protection of ancient and famous trees growing in small streets, residential areas, residents' courtyards and rural collective land.
the unit responsible for the management and protection of ancient and famous trees shall implement the person responsible for the management and protection.
units and individuals are encouraged to participate in the protection and management of ancient and famous trees in the form of donation and adoption.
article 1 where an old and famous tree management and protection unit is changed, it shall go through the transfer procedures of management and protection responsibility at the administrative department of old and famous trees.
article 11 it is strictly forbidden to cut down and move old and famous trees without authorization. If it is necessary to relocate ancient and famous trees due to special needs, the construction unit must apply and formulate a transplant protection plan. After the administrative department of ancient and famous trees has reviewed and agreed in accordance with the division of responsibilities, it will be submitted for approval according to the procedures.
Old and famous trees approved for transplantation shall be transplanted by qualified greening operation units according to the approved transplantation protection scheme.
Article 12 In case of the death of ancient and famous trees, the unit responsible for management and protection or the 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 responsibility, make a plan for cleaning up the dead trees, and only after the approval according to the procedures can the unit responsible for management and protection organize to clean up the dead trees, and the administrative department of ancient and famous trees shall cancel it.
Article 13 prohibits the following acts of damaging ancient and famous trees:
(1) scribing, nailing, hanging objects, 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 soil, using naked fire, discharging smoke, dumping harmful sewage, dirt and garbage, and building buildings or structures within 5 meters outside the crown;
(5) hardened and solidified ground that affects the growth of ancient and famous trees;
(6) Damaging ancient and famous trees protection signs and facilities;
(7) other behaviors that damage 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 technical specifications to ensure their normal growth.
article 15 in case of serious drought, flood and other natural disasters, the responsible unit or person in charge of the management and protection of ancient and famous trees shall take timely protective measures.
if the ancient and famous trees have serious diseases and insect pests or abnormal conditions such as weak growth and withering, the responsible unit or person in charge of management and protection shall promptly report to the local administrative department of ancient and famous trees.
article 16 the administrative department of ancient and famous trees should 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 diseases and insect pests, and supervise their implementation.
article 17 the funds needed for filing and listing, rejuvenation, rescue and protection facilities for ancient and famous trees shall be guaranteed by the municipal, district (city, county) people's governments.
article 18 whoever cuts ancient and famous trees in violation of the provisions of the first paragraph of article 11 of these measures, the illegally cut trees and illegal income shall be confiscated, and a fine ranging from 1, yuan to 3, 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 at 1 to 3 times the value of the losses caused.
article 19 in violation of the provisions of the second paragraph of article 11 of these measures, if an unqualified greening operation unit carries out transplantation, the illegal income of the operation unit shall be confiscated and a fine of 1% to 2% of the total cost of the transplantation project shall be imposed.
Article 2 Whoever violates one of the provisions of Article 13 of these Measures shall be ordered to make corrections and may be fined from 3 yuan to 1 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 may be fined from 3 yuan to 1 yuan.
article 22 the administrative punishment stipulated in articles 18, 19, 2 and 21 of these measures shall be implemented by the administrative law enforcement department of urban management in the area where comprehensive law enforcement of urban management is implemented according to law; In other areas, the administrative department of ancient and famous trees shall be responsible for the implementation.
article 23 whoever violates the provisions of these measures and causes damage or death to ancient and famous trees shall be liable for compensation according to law. if the case constitutes a crime, criminal responsibility shall be investigated 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 personal gain 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.
article 25 these measures shall come into force as of February 1, 27.
Release Department: Zunyi Municipal People's Government of Guizhou Province
Release number:
Order 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, 24, and are hereby promulgated and shall come into force as of the date of promulgation. ?
mayor: Lu shouxiang?
April 21st, 24
Measures for the protection and management of ancient and famous trees in Zunyi?
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 the people's Republic of China, 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, and in combination with the actual situation of this municipality. ?
article 2 these measures are applicable 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 that are more than 1 years old or whose DBH is more than 1 cm. ?
the term "famous trees" as mentioned in these measures refers to trees with historical commemorative significance and scientific research value determined by forestry administrative departments or other departments at or above the provincial level, 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, and 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. ?
Article 5 The administrative departments of forestry and gardens of people's governments at all levels shall be responsible for the protection and management of ancient and famous trees within their respective administrative areas. Where scenic spots and forest parks intersect geographically, 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 people's governments at all levels shall investigate, identify, grade, register and number the ancient and famous trees within their respective administrative areas, and establish files and signs. ?
article 7 the protection and management of ancient and famous trees shall follow the principle of combining the protection and management of professional maintenance departments with the protection and management of units and individuals.
(1) The old and famous trees within the land used by government organs, schools, armed forces, organizations, other enterprises and institutions, parks, scenic spots, temples, etc. shall be taken care of by their units; ?
(2) The landscaping units shall be responsible for the ancient and famous trees within the urban squares, green spaces, small parks and roads; ?
(3) The ancient and famous trees in residential quarters and residents' courtyards shall be the responsibility 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; ?
(5) The units or individuals designated by the forestry administrative department of the people's government at the county level shall be responsible for the ancient and famous trees outside the urban planning area. ?
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 of damaging and destroying ancient and famous trees and their ancillary facilities. Encourage units and individuals to fund the management and protection of ancient and famous trees. ?
article 9 units and individuals that have made outstanding 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 be signed with the old and famous trees management responsibility unit management responsibility. ?
article 11 the maintenance cost of ancient and famous trees shall be borne by the responsible unit or person of ancient and famous trees. The cost of rescuing and rejuvenating 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. ?
Article 12 The unit responsible for the management and protection of ancient and famous trees shall manage and protect ancient and famous trees in accordance with technical specifications. Ancient and famous trees are weak or endangered, and the responsible units for management and protection shall promptly report to the administrative departments of forestry and landscape architecture, and carry out management and rejuvenation according to their requirements. The death of ancient and famous trees shall be reported to the administrative department of forestry and gardens at the county level to confirm and find out the reasons, and clarify the responsibilities before it can be handled. 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. ?
Article 13 Ancient and famous trees owned by collectives and individuals shall not be bought, sold or transferred without the examination of the county-level forestry and garden administrative departments and the approval of the county-level people's government; Donated to the state, should be given appropriate incentives. ?
article 14 prohibits the following acts of damaging and destroying ancient and famous trees and their ancillary facilities:
(1) Climbing trees, breaking branches and peeling bark; ?
(2) Use tree trunks as supports or lean against trees to build a shed; ?
(3) scribing, nailing, and hanging things with ropes; ?
(4) damaging the ancillary facilities of ancient and famous trees; ?
(5) Digging in the vertical projection range of the tree crown, using open flames, discharging waste gas, dumping sewage and dirt, piling up objects and sealing the ground; ?
(6) build temporary buildings, structures and bury underground pipelines within 5 meters outside the crown. ?
Article 15 The county-level forestry and landscape administrative departments shall, according to the needs of the growth of ancient and famous trees, draw up the protection scope 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. ?
article 16 where the site selection of a construction project involves ancient and famous trees, the construction unit must propose a plan for avoidance and protection. 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 it is forbidden to cut down and transplant old and famous trees without authorization. If it is really necessary to transplant old and famous trees due to special needs, it shall be submitted to the Municipal People's Government and the provincial construction and forestry administrative department for approval after being reviewed by the municipal forestry and landscape administrative department. Old and famous trees that have been transplanted for more than 3 years and are particularly rare or have important historical value and commemorative significance shall be submitted for approval according to relevant procedures after examination and approval 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 transplanting scheme and transplanting location. The construction cost of transplanting, compensation for trees and special maintenance cost within three years after transplanting shall be borne by the construction unit. ?
article 18 in violation of the provisions of these measures, the administrative departments of forestry and landscape architecture shall order them to immediately stop the illegal acts and investigate the 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 the fourteenth measures, you can impose a fine of more than 1 yuan and less than 1 yuan; Unauthorized transplantation or abnormal pruning of ancient and famous trees may impose a fine of not less than 3, yuan in 5 yuan; Damage, felling of ancient and famous trees, and may impose a fine of 3 yuan to 3 yuan. ?
Article 19 The Legislative Affairs Office of Zunyi Municipal People's Government shall be responsible for the interpretation of these Measures. ?
article 2 these measures shall come into force as of the date of promulgation.