Catalogue of national water conservancy laws and regulations

Regulations of People's Republic of China (PRC) Municipality on River Management

1988 June 10 People's Republic of China (PRC) the State Council No.3 was issued.

According to the Decision of the State Council on Abolishing and Amending Some Administrative Regulations (20118), the first amendment was made.

According to the Decision of the State Council on Amending and Abolishing Some Administrative Regulations on March 1 2065438, it was revised for the second time [2].

According to 20 17,10,07, the decision of the State Council on amending some administrative regulations was amended for the third time [3].

According to the Decision of the State Council on Amending and Abolishing Some Administrative Regulations of March 19, 2065438, it was revised for the fourth time.

Chapter I General Provisions

Article 1 In order to strengthen the management of river courses, ensure the safety of flood control and give full play to the comprehensive benefits of rivers and lakes, these Regulations are formulated in accordance with the Water Law of People's Republic of China (PRC).

Article 2 These Regulations shall apply to rivers in People's Republic of China (PRC) (including lakes, artificial waterways, flood discharge areas and flood storage and detention areas). The waterway in the river shall also comply with the Regulations of the People's Republic of China on Waterway Management and the Regulations of Air China on Waterway Management.

Article 3 The development and utilization of water resources in rivers and lakes and the prevention and control of water disasters should be comprehensively planned, given overall consideration, comprehensively utilized, benefit-oriented, subject to the overall deployment of flood control, and promote the development of various undertakings.

Article 4 The water administrative department of the State Council is the competent authority of river courses throughout the country.

The water conservancy administrative departments of all provinces, autonomous regions and municipalities directly under the Central Government are the river authorities within their respective administrative areas.

Article 5 The State practices the principle of combining unified management according to water system with hierarchical management for river courses.

The main river sections of the Yangtze River, Yellow River, Huaihe River, Haihe River, Pearl River, Songhua River, Liaohe River and other major rivers, the important river sections across provinces, autonomous regions and municipalities directly under the Central Government, and the boundary and border rivers between provinces, autonomous regions and municipalities directly under the Central Government shall be managed by river basin management agencies authorized by the state, or by river authorities of provinces, autonomous regions and municipalities directly under the Central Government according to the unified planning of river basins. Other rivers shall be managed by the competent river authorities of provinces, autonomous regions, municipalities directly under the Central Government or cities and counties.

Article 6 Rivers shall be graded. River grade standards shall be formulated by the water administrative department of the State Council.

Article 7 The chief executive of the local people's government shall be responsible for flood control and obstacle removal in river courses.

Article 8 River authorities and river supervisors of people's governments at all levels must strengthen river management, implement water supply plans and flood control orders, and safeguard the safety of water projects and people's lives and property in accordance with the provisions of national laws and regulations.

Article 9 All units and individuals have the obligation to protect the safety of river embankments and participate in flood control and emergency rescue.

Chapter II River Regulation and Construction

Article 10 River regulation and construction shall conform to the comprehensive planning of river basins, the flood control standards, navigation standards and other relevant technical requirements stipulated by the state, maintain the safety of dikes, and keep the river regime stable and flood discharge smooth.

Article 11 For the construction and development of water conservancy projects, the prevention and control of water disasters, the regulation of river courses, the construction of bridges, docks, roads, ferries, pipelines, cables and other river-crossing buildings and facilities, the construction unit must, in accordance with the river course management authority, submit the project construction plan to the river course authority for examination and approval. Without the approval of the river authorities, the construction unit shall not start construction.

After the construction project is approved, the construction unit shall inform the river authorities of the construction arrangements.

Twelfth the construction of bridges, docks and other facilities must be carried out in accordance with the river width determined by the flood control standards stipulated by the state, and the flood passage shall not be narrowed.

The beam bottom of bridges and trestles must be higher than the design flood level, and a certain superelevation shall be reserved according to the requirements of flood control and navigation. The design flood level shall be determined by the river authorities according to the flood control plan.

The clearance height of pipelines and lines crossing rivers must meet the requirements of flood control and shipping.

Thirteenth traffic departments should comply with the requirements of flood control safety in waterway regulation, and solicit the opinions of the competent authorities of river courses on relevant designs and schemes in advance.

The water conservancy department should take into account the needs of shipping when carrying out river regulation, and solicit the opinions of the transportation department on relevant designs and schemes in advance.

In the regulation of rivers and waterways where bamboo and wood can be exiled and important fishery waters stipulated by the state, the construction unit shall give consideration to the needs of bamboo and wood water transportation and fishery development, and send relevant designs and schemes to the competent forestry and fishery departments at the same level for comments in advance.

Fourteenth embankments have been built culverts, pumping stations and buried pipelines, cables and other buildings and facilities, the river authorities should regularly check, do not meet the safety requirements of the project, the deadline for reconstruction.

The construction of buildings and facilities listed in the preceding paragraph on dikes shall be subject to the safety management of the river authorities.

Fifteenth it is really necessary to use dikes and dikes as highways, and it must be approved by the competent authorities of river courses of local people's governments at or above the county level. Measures for the management and maintenance of the dike body and the dike top highway shall be formulated by the river authorities in consultation with the transportation department.

Sixteenth city construction and development shall not occupy the river beach. The river boundary of urban planning shall be determined by the river authorities in conjunction with relevant departments such as urban planning. When compiling and reviewing town planning, towns along the river shall solicit the opinions of the river authorities in advance.

Article 17 The utilization and construction of river shoreline shall be subject to river regulation planning and waterway regulation planning. The planning department shall solicit the opinions of the river authorities in advance when examining and approving the construction projects using the river shoreline.

The boundary of river shoreline shall be defined by the competent river authorities in conjunction with the relevant departments such as transportation, and reported to the local people's governments at or above the county level.

Article 18 The land occupied by dredging rivers, strengthening dikes and regulating rivers according to the flood control plan shall be adjusted by the local people's government.

The available land increased due to the construction of reservoirs and river regulation belongs to the state and can be used by people's governments at or above the county level for resettlement and river regulation projects.

Article 19 Where a province, autonomous region or municipality directly under the Central Government takes a river as its boundary, it is forbidden to build drainage, water blocking, water diversion and water storage projects and river regulation projects within 10 km on both sides of the river and on rivers across provinces, autonomous regions and municipalities directly under the Central Government without the agreement of relevant parties or the approval of the water administrative department of the State Council.

Chapter III River Protection

Article 20 The management scope of embankmentd rivers includes waters, sandbanks, beaches (including cultivated land), flood discharge areas, embankments on both sides of the strait and dike protection areas.

The scope of management of river courses without dikes shall be determined according to the historical maximum flood level or design flood level.

The specific scope of river management shall be designated by the local people's governments at or above the county level.

Twenty-first within the scope of river management, the use of water and land should meet the requirements of flood, water transport and shipping; The utilization of tidal flats shall be planned by the river authorities in conjunction with land management and other relevant departments, and shall be implemented after being approved by the local people's governments at or above the county level.

Article 22 It is forbidden to damage dikes, revetments, dams and other water engineering buildings, flood control facilities, hydrological monitoring facilities, geological monitoring facilities along the river and communication and lighting facilities.

During flood control and emergency rescue, irrelevant personnel and vehicles are not allowed to go to the embankment.

When the top of the dike becomes muddy due to rain, snow, etc. No traffic except flood control vehicles.

Twenty-third non management personnel are prohibited from operating the culvert on the river, and any organization or individual is prohibited from interfering with the normal work of the river management unit.

Twenty-fourth within the scope of river management, it is forbidden to build dikes, water blocking channels and water blocking roads; Planting tall crops, reeds, willows, grasses and trees (except dike shelterbelts); Set up fishing gear for blocking the river; Discard slag, stone slag, coal ash, soil, garbage, etc.

Building houses, grazing, ditching, drilling wells, digging pits, burying graves, drying grain, storing materials, exploiting underground resources, conducting archaeological excavations and conducting market trade activities are prohibited in dikes and berms.

Twenty-fifth the following activities within the scope of river management must be approved by the competent authorities of the river; Involving other departments, approved by the river authorities in conjunction with the relevant departments:

(a) Disposal of sand, mud, gold, sand or sludge;

(2) Blasting, drilling and digging fish ponds;

(three) storing materials, building factories or other building facilities in the river beach;

(four) the exploitation of underground resources and archaeological excavations in the river beach.

Twenty-sixth according to the importance of embankment, embankment foundation soil conditions, etc. With the approval of the people's governments at or above the county level, the river authorities may designate dike safety protection zones in areas connected with the scope of river management. In the dike safety protection zone, drilling, blasting, fish pond digging, quarrying, earth borrowing and other activities that endanger the dike safety are prohibited.

Article 27 Reclaiming land from lakes is prohibited. Those who have reclaimed land should be treated according to the flood control standards stipulated by the state and gradually retreat from the lake. The planning for the development and utilization of lakes must be examined and approved by the river authorities.

Reclamation of rivers is prohibited, and if reclamation is really necessary, it must be scientifically demonstrated and approved by the people's governments at or above the provincial level.

Twenty-eighth to strengthen the work of water and soil conservation of river beaches, dikes and banks, to prevent soil erosion, river siltation.

Twenty-ninth old rivers, old dikes and original engineering facilities. , shall not be filled, occupied or removed without authorization.

Thirtieth revetment trees shall be constructed and managed by river management units, and no other unit or individual may occupy, cut down or destroy them.

River management units shall, in accordance with the relevant provisions of the state, be exempted from afforestation funds for dike protection and forest tending and renewal for flood control and emergency rescue.

Thirty-first in order to ensure the safety of dikes, it is necessary to limit the speed of rivers. The competent authorities of rivers shall set up speed limit signs in conjunction with the transportation departments, and passing ships shall not exceed the speed limit.

During the flood season, the navigation and docking of ships must comply with the provisions of the flood control headquarters.

Thirty-second mountain rivers landslide, collapse, debris flow and other natural disasters, the river authorities shall, in conjunction with the geological, transportation and other departments to strengthen monitoring. In the above-mentioned reach, it is forbidden to engage in activities that endanger the stability of the mountain, such as quarrying, mining and reclamation.

Article 33 The exile of bamboo and wood in river courses shall not affect the safety of flood discharge, shipping and water projects, and shall be subject to the safety management of the local river course authorities.

During the flood season, the river authorities have the right to deal with bamboo and other floating objects on the river urgently.

Article 34 The establishment and expansion of sewage outlets that discharge pollutants into rivers and lakes shall be subject to the consent of the river authorities before reporting to the environmental protection department.

Article 35 It is forbidden to pile up, dump, bury or discharge objects that pollute water bodies within the scope of river management. It is forbidden to clean vehicles and containers that have stored oil or toxic pollutants in rivers.

River authorities shall carry out river water quality monitoring and cooperate with environmental protection departments to supervise and manage the prevention and control of water pollution.

Chapter IV River Barrier Removal

Article 36 For the water blocking obstacles within the scope of river management, according to the principle of "whoever sets obstacles will clear them", the river authorities shall put forward the obstacle clearing plan and implementation plan, and the flood control headquarters shall order the obstacle setters to clear them within the prescribed time limit. If it is not removed within the time limit, it shall be forcibly removed by the flood control headquarters, and all the removal costs shall be borne by the obstacle setters.

Article 37 For bridges, approach roads, wharves and other river-crossing engineering facilities that seriously block water, according to the flood control standards stipulated by the state, the river authorities shall put forward their opinions and report them to the people's government for approval, and instruct the original construction unit to rebuild or dismantle them within a time limit. If flood control safety is affected in flood season, it must obey the emergency decision of flood control headquarters.

Chapter V Funds

Thirty-eighth annual flood control and restoration fees for river embankments shall be borne by the central and local governments respectively in accordance with the principle of hierarchical management and included in the annual financial budgets of the central and local governments.

Article 39 For dikes, revetments, sluices, revetments, seawalls and drainage engineering facilities with a clear scope of benefit, the competent river authorities may charge the industrial and commercial enterprises and farmers who benefit from the river engineering construction and maintenance management fees, and the standards shall be determined according to the engineering construction and maintenance management fees. The specific standards and collection methods of fees shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 40 Sand mining, earth borrowing and gold panning within the scope of river management must be carried out in accordance with the approved scope and operation methods, and management fees shall be paid to the river authorities. The charging standards and collection methods shall be formulated by the water administrative department of the State Council in conjunction with the finance department of the State Council.

Article 41 Any unit or individual that causes damage to water engineering facilities such as dikes and revetments or siltation of rivers shall be responsible for repairing, dredging or bearing the maintenance costs.

Forty-second fees charged by the river authorities shall be used for the construction, management, maintenance and renovation of river embankment projects. The surplus funds can be carried forward year by year, and no department may intercept or misappropriate them.

Forty-third towns and rural areas on both sides of the river, the local people's governments at or above the county level may organize units and individuals in dike protection areas to voluntarily participate in the maintenance and reinforcement of river dike projects during the flood season.

Chapter VI Punishment

Forty-fourth in violation of the provisions of this Ordinance, one of the following acts, by the competent department of the local people's government at or above the county level shall be ordered to correct the illegal behavior, take remedial measures, impose a warning, fine, confiscation of illegal income; The relevant responsible personnel shall be given administrative sanctions by their units or higher authorities; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Discarding or piling up objects that hinder flood discharge within the scope of river management; Planting trees or tall plants that hinder flood discharge; Building dikes, water blocking channels and roads;

(2) Building houses, grazing, digging ditches, drilling wells, digging pits, burying graves, drying grain, storing materials, exploiting underground resources, conducting archaeological excavations and conducting fair trade activities in dikes and berms;

(three) river regulation or construction of water engineering buildings and other facilities without approval or in accordance with the flood control standards and engineering safety standards prescribed by the state;

(4) Sand mining, earth borrowing, gold panning, sand mining, silting, blasting, drilling and digging fish ponds within the scope of river management without approval or in accordance with the provisions of the river authorities;

(five) without approval, storing materials, building factories or other building facilities, exploiting underground resources or conducting archaeological excavations in river beaches;

(6) Reclaiming lakes and rivers in violation of the provisions of Article 27 of these regulations;

(seven) unauthorized felling of revetment trees;

(eight) in violation of the provisions or instructions of the flood control headquarters during the flood season.

Forty-fifth in violation of the provisions of this Ordinance, one of the following acts, the relevant competent departments of the local people's governments at or above the county level shall be ordered to correct the illegal act, compensate for the losses, take remedial measures, and may also be given a warning and a fine; Should be given administrative penalties for public security, shall be punished in accordance with the provisions of the "People's Republic of China (PRC) Public Security Administration Punishment Law"; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) damage to dikes, revetments, dams, water engineering buildings, damage to flood control facilities, hydrological monitoring and measurement facilities, river bank geological monitoring facilities and communication and lighting facilities;

(two) in the dike safety protection zone, drilling, blasting, digging fish ponds, quarrying, soil and other activities that endanger the safety of dikes;

(3) Non-management personnel operate sluice gates on the river or interfere with the normal work of river management units.

Article 46 If a party refuses to accept the decision on administrative punishment, he may, within 15 days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment; If you are not satisfied with the reconsideration decision, you can bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. The parties may also bring a suit directly to the people's court within 05 days from the date of receiving the penalty notice. If a party fails to apply for reconsideration or bring a suit in a people's court within the time limit, and fails to perform the punishment decision, the organ that made the punishment decision shall apply to the people's court for compulsory execution. Refuses to accept the punishment of public security management, in accordance with the provisions of the "People's Republic of China (PRC) Public Security Management Punishment Law".

Forty-seventh in violation of the provisions of this Ordinance, resulting in economic losses of the state, the collective and the individual, the injured party may request the river authorities at or above the county level to deal with it. The injured party may also bring a lawsuit directly to the people's court.

If a party refuses to accept the decision of the river authority, it may bring a lawsuit to the people's court within 05 days from the date of receiving the notice.

Article 48 Where the river authorities and river supervisors neglect their duties, abuse their powers or engage in malpractices for selfish ends, they shall be given administrative sanctions by their units or the competent authorities at a higher level; Causing great losses to public property, the interests of the state and the people, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 49 The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the provisions of these Regulations and in light of the actual conditions in their respective regions, formulate measures for implementation.

Fiftieth these Regulations shall be interpreted by the water administrative department of the State Council.

Article 51 These Regulations shall come into force as of the date of promulgation.