Measures for Implementing the Flood Control Law of People's Republic of China (PRC) in Hunan Province (revised on 20 18)

Article 1 These Measures are formulated in accordance with the Flood Control Law of People's Republic of China (PRC) (hereinafter referred to as the Flood Control Law) and other relevant laws and regulations, combined with the actual situation of this province. Article 2 Flood control planning according to law shall be comprehensively compiled and scientifically demonstrated, giving full consideration to the needs of environmental protection, soil and water conservation, land use and comprehensive management of river basins and regions, and coordinating with national land planning, overall land use planning and overall urban planning. Article 3 Flood control plans for the Hunan section of the Yangtze River and Dongting Lake shall be formulated in accordance with the relevant provisions of the Flood Control Law. Flood control planning for other rivers, river sections and cities in the province shall be formulated in accordance with the following provisions:

(a) the Xiangjiang River, Zijiang River, Yuanjiang River, Lishui River, Miluo River, Xin Qiang and other important rivers confirmed by the provincial people's government shall be compiled by the water administrative department of the provincial people's government in conjunction with relevant departments and the people's governments of cities and autonomous prefectures with relevant districts, and submitted to the provincial people's government for approval, and reported to the water administrative department of the State Council for the record;

(2) The flood control plan for rivers and river sections outside the county-level administrative area as stipulated in Item (1) shall be compiled by the water administrative department of the people's government of a city or autonomous prefecture divided into districts in conjunction with relevant departments and the people's government at the county level, submitted to the people's government of a city or autonomous prefecture divided into districts for approval, and submitted to the water administrative department of the provincial people's government for the record;

(3) Flood control planning for rivers and river sections that do not cross county-level administrative areas shall be compiled by the water administrative department of the people's government at the county level jointly with relevant departments, submitted to the people's government at the same level for approval, and reported to the water administrative department of the people's government at the next higher level for the record;

(4) Flood control planning of cities where the people's governments of cities divided into districts and autonomous prefectures are located shall be compiled by the water administrative departments, construction administrative departments and other relevant departments organized by the people's governments of cities divided into districts, and shall be incorporated into the overall urban planning after being approved in accordance with the examination and approval procedures stipulated by the State Council;

(five) the flood control planning of the town where the people's government at the county level is located shall be organized by the people's government at the county level to be compiled by the water administrative department, the construction administrative department and other relevant departments and the town people's government. After examination by the water administrative department of the people's government of a city or autonomous prefecture with districts, it shall be reported to the people's government of a city or autonomous prefecture with districts for approval and incorporated into the overall urban planning.

(6) Flood control planning for towns with flood control tasks outside the seat of the people's government at the county level shall be compiled by the water administrative department of the people's government at the county level in conjunction with the construction administrative department and the people's government of the town, submitted to the people's government at the same level for approval and incorporated into the overall planning of the town.

Modification of flood control planning shall be reported to the original approving authority for approval. Article 4 People's governments at or above the county level in areas prone to mountain torrents shall organize land, water conservancy, forestry, meteorology and other departments and relevant industrial and mining enterprises to formulate prevention and control plans and emergency plans for mountain torrents.

People's governments at or above the county level in Dongting Lake area and other waterlogging-prone areas shall organize water conservancy, agriculture and other relevant departments to formulate waterlogging control plans. Fifth Dongting Lake and Xiangjiang River, Zijiang River, Yuanjiang River and Lishui River are managed by the water administrative department of the provincial people's government; Miluo River, Wangxinhe River and other rivers and river sections across county-level administrative areas shall be managed by the water administrative departments of the people's governments of cities and autonomous prefectures with districts; Rivers that do not cross county-level administrative areas shall be managed by the water administrative department of the people's government at the county level.

River courses managed by the water administrative department of the people's government at a higher level may be entrusted to the water administrative department of the local people's government for daily management. Article 6 The specific management scope of rivers and lakes shall be put forward by the administrative department of rivers and lakes according to law and reported to the people's government at the same level for approval.

In accordance with the flood control planning, flood discharge planning and resettlement planning, the reclaimed embankments will be recovered and brought into the scope of river and lake management. Article 7 Within the scope of management of rivers, lakes and reservoirs, it is forbidden to build buildings and structures that hinder flood discharge, dump garbage, muck or discard or pile objects that hinder flood discharge, and engage in other activities that affect the stability of river regime, endanger the safety of river banks and dikes and hinder flood discharge; It is forbidden to plant trees and tall crops that hinder flood discharge in flood-prone rivers. In the river section where the navigation of ships may endanger the safety of dikes, the speed shall be limited.

It is forbidden to build projects and facilities that are not directly related to flood control on dikes, and it is forbidden to temporarily occupy rivers and lakes in non-flood season. Under special circumstances, if national construction really needs to be built or occupied, it shall be approved by the water administrative department in accordance with the authority. Article 8 Where construction activities are carried out in accordance with the law within the scope of rivers and lakes management, a letter of responsibility for removing tailings and waste residues and restoring the functions of rivers and dikes shall be signed with the local water administrative department before the operation, and the operation shall be carried out in accordance with the approved scope, time, place and method, and the rivers, dikes and berms shall not be damaged; If damage is caused, it shall be responsible for repair or bear the cost of repair. Article 9 The water administrative department of the people's government at or above the county level shall, according to the importance of dikes and the soil conditions of dike foundations, put forward a scheme for dike safety protection zones and report it to the people's government at the same level for approval. In the dike safety protection zone, it is forbidden to drill wells, drill, blast, dig fish ponds, bury graves, quarry, borrow soil and other activities that endanger the safety of dikes.

The people's governments at or above the county level may, in accordance with the needs of checking and eliminating dangers, stipulate that fish ponds and paddy fields should be turned into dry land within a certain range where dikes are prohibited.

The people's governments at or above the county level shall, in accordance with the management authority, formulate plans for dredging rivers and lakes, and the water administrative department shall, jointly with relevant departments and units, take measures such as regular dredging and dredging according to local conditions to maintain smooth flood discharge.