Measures of Hunan Province for the Implementation of the "Regulations of the People's Republic of China on River Management"

Chapter 1 General Provisions Article 1 In accordance with the "River Management Regulations of the People's Republic of China" (hereinafter referred to as the "River Management Regulations") and other relevant laws and regulations, combined with the actual situation of our province , formulate this implementation method. Article 2 These Implementation Measures apply to the management of rivers (including lakes, artificial waterways, flood diverting rivers, flood conduction areas, flood storage areas, and flood detention areas) within the administrative region of this province.

If the state has other regulations on the management of the sections of the Yangtze River that flow through our province and the Dongting Lake and provincial boundary rivers, the state regulations shall prevail.

For waterways within rivers, the "Regulations on Waterway Management of the People's Republic of China" shall also apply. Article 3 The water administrative department of the people's government at or above the county level shall be the river course authority in its own administrative region. Article 4 The Xiangjiang, Zijiang, Yuanjiang and Lishui main streams of Dongting Lake and other important river sections across prefectures, prefectures and municipal administrative regions shall be managed by the provincial river course authorities; other rivers shall be managed by prefectures, prefectures, cities and counties. The river course authority shall implement management.

The specific scope of provincial rivers shall be determined and announced by the provincial river authorities; the specific scope of other rivers shall be proposed by prefecture, city, and county river authorities and submitted to the next higher level river authority. Published after approval. Article 5 The embankment engineering facilities along both sides of the river built by urban construction departments and farms, fisheries, industrial and mining enterprises and other units in accordance with the river regulation plan shall be maintained and managed by the construction units and shall be subject to supervision and inspection by the river authorities.

The lakes in the parks built by the urban construction department in the urban planning area are managed by the urban construction department. Among them, the lakes with flood control and storage functions must obey the unified dispatch of flood control. Article 6 River supervisory personnel of river supervisory authorities at or above the county level shall wear uniform signs and produce water administration supervision certificates when conducting on-site inspections of rivers within their jurisdiction. The person being inspected shall truthfully report the situation and shall not refuse. Chapter 2 Regulation and Construction of River Courses Article 7 Regulation and construction of river courses shall comply with the principles stipulated in Article 10 of the "River Course Management Regulations".

For construction projects within the scope of river management, involving river and flood control engineering construction plans, the construction unit must comply with the river management authority stipulated in Article 4 of these Implementation Measures and report to the river competent authority for review and approval. Only then can the approval procedures be carried out according to the capital construction procedures.

The review of project construction plans involving rivers and flood control and the management of flood control safety by the river authorities shall be carried out in accordance with the "Relevant Regulations on the Management of Construction Projects within the Scope of River Management" issued by the Ministry of Water Resources and the State Planning Commission. Article 8 Buildings and other facilities such as wharves, pump houses, slipways, roads, etc. on the waterside of both banks of the river must comply with the river regulation plan and the channel regulation plan, and must not extend beyond the waterfront bank slope, beach edge or be higher than the beach elevation. . If it is really necessary to extend the waterfront bank slope, beach edge or be higher than the beach elevation, the construction unit must conduct a flood control impact analysis and take measures to reduce the water blocking area and maintain river stability and water flow. Article 9 The beam bases of bridges, trestles and other buildings that span rivers must be at least 0.5 meters higher than the design flood level. The design flood level shall be determined by the river course authority based on the basin flood control plan.

Buildings involving navigable rivers must also comply with navigation standards. In order to meet the needs of flood control, rescue and disaster relief, the designed maximum navigable water level of the main navigable rivers in the Dongting Lake area shall not be lower than the design flood level. Article 10 Units and individuals who construct buildings and facilities on river embankments shall accept supervision and inspection of the flood control safety of their projects by the river course competent authority and the river embankment management unit in the river section. During the construction period, the maintenance, management and flood control of the embankment section shall be the responsibility of the construction unit; after the construction is completed, the embankment section shall be inspected and accepted by the river channel competent authority and handed over to the river embankment management unit for management. Article 11 If it is really necessary to use the crest of an embankment or a platform or berm as a highway, it must comply with embankment and flood control design standards, comply with embankment management regulations, ensure flood control safety, and be approved by the river course authority in accordance with the river course management authority. The management and maintenance measures for the embankment body and the embankment top road shall be formulated by the river management authority in consultation with the transportation department.

For roads that cross river embankments, approach roads should be filled in or other measures should be taken to ensure the integrity and safety of the embankments. Article 12 The construction and development of cities, towns, and villages shall not occupy river floodplains. The planned river boundaries of cities, towns and villages shall be determined by the river channel authority in conjunction with planning and other relevant departments in accordance with the following principles:

(1) For rivers with embankments, the river boundaries shall be outside the embankment on the backwater side of the embankment;

(2) For rivers without embankments, the river boundary should be 20 meters beyond the design flood level;

(3) For river sections that have been planned to be widened or embankments built, the river boundary should be It should be determined based on the planned river management scope and the above two principles.

When cities and villages along rivers prepare and review plans for cities, towns and villages, they should seek the opinions of the river authorities in advance according to their river management authority. Article 13 When dredging rivers or reinforcing embankments and filling ponds on both sides of embankments to solidify the foundation and take soil, no or less cultivated land shall be occupied. If it is really necessary to occupy cultivated land, it shall be adjusted by the local people's government. No unit or individual may obstruct any unit or individual who occupies rivers, lakes, shoals, or state-owned barren mountains or wastelands, or takes soil from rivers, lakes, shoals, or state-owned barren mountains or wastelands.

If you take out soil or occupy land, you will be exempted from paying land compensation fees.

The additional land available through river regulation and reservoir construction belongs to the state and can be used by people's governments at or above the county level for resettlement, river embankment maintenance and management, and river regulation projects.