Measures of Hunan Province on Implementing the Regulations of People's Republic of China (PRC) on River Management

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Regulations on River Management in People's Republic of China (PRC) (hereinafter referred to as the Regulations on River Management) and other relevant laws and regulations, and in combination with the actual situation in our province. Article 2 These Measures shall be applicable to the management of river courses (including lakes, artificial waterways, left flood rivers, flood discharge areas and flood storage and detention areas) within the administrative area of this province.

Except as otherwise provided by the state, the management of the main stream of the Yangtze River flowing through the reach of our province, Dongting Lake and provincial boundary rivers shall be implemented in accordance with state regulations.

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 water administrative department of the people's government at or above the county level is the competent authority of river courses within its administrative area. Fourth Dongting Lake Xiangjiang River, Zijiang River, Yuanjiang River, Lishui River and other important river sections across state and municipal administrative regions shall be managed by the provincial river authorities; Other rivers are managed by local, city and county authorities.

The specific scope of provincial river management shall be determined and announced by the provincial river authorities; The specific scope of other rivers shall be proposed by the river authorities at the prefecture, state, city and county levels, and shall be announced after being approved by the river authorities at the next higher level. Article 5 The dike engineering facilities built by urban construction departments, farms, fishing grounds, industrial and mining enterprises and other units on both sides of the river in accordance with the river regulation plan shall be maintained and managed by the construction unit, and shall be subject to the supervision and inspection of the river authorities.

Lakes in parks built by urban construction departments in urban planning areas are managed by urban construction departments, and lakes with flood storage functions must obey unified flood control dispatching. Article 6 River supervisors of river authorities at or above the county level shall wear uniform signs and show their certificates of water administration supervision when conducting on-site inspections of rivers within their jurisdiction. The inspected shall truthfully report the situation and shall not refuse. Chapter II River Regulation and Construction Article 7 River regulation and construction shall conform to the principles stipulated in Article 10 of the Regulations on River Management.

Where a construction project built within the scope of river course management involves the construction scheme of river courses and flood control projects, the construction unit must go through the examination and approval procedures according to the basic construction procedures after reporting to the river course authority for examination and approval in accordance with the river course management authority as prescribed in Article 4 of these Measures.

The examination and flood control safety management by the river authorities on the construction schemes involving river courses and flood control shall be carried out in accordance with the relevant provisions 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 The construction of wharves, pump houses, slipways, roads and other buildings and other facilities on the waterfront side of both banks of a river shall conform to the river regulation planning and navigation channel regulation planning, and shall not exceed the waterfront bank slope or the edge of the beach, and shall not be higher than the beach elevation. If it is really necessary to extend out of the bank slope, the edge of the bank or above the elevation of the bank, the construction unit must analyze the flood control impact and take measures to reduce the water blocking area, so as to maintain the stability of the river regime and smooth water flow. Ninth bridges, trestles and other river-crossing structures must be above the design flood level of 0.5 meters. The design flood level shall be determined by the river authorities according to the flood control planning of the river basin.

Buildings involving navigable rivers should also meet the navigation standards. In order to meet the needs of flood control and disaster relief, the designed maximum navigable water level of the main navigable rivers in Dongting Lake area shall not be lower than the designed flood level. Tenth units and individuals that build buildings and facilities on river embankments shall accept the supervision and inspection of the flood control safety of their projects by the river authorities and river embankment management units. The construction unit is responsible for the maintenance, management and flood control of the dike section during the construction period; After the completion of the construction, the embankment section shall be checked and accepted by the river authorities and handed over to the river embankment management unit for management. Article 11 If it is really necessary to use the crest, berm and berm as a highway, it must conform to the design standards for dike flood control, abide by the regulations on dike management, ensure flood control safety, and be approved by the river authorities in accordance with the river management authority. 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.

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

(1) For rivers with dikes, the boundary line is the river outside the berm on the back side of the dike;

(2) For rivers without dikes, the boundary near the river is 20 meters away from the design flood level line;

(3) For the planned river section that needs to be widened or dike-built, the riverside boundary shall be determined according to the planned river management scope and the above two principles.

Cities and villages along the Yangtze River shall solicit the opinions of the river authorities in advance in accordance with the river management authority when compiling and reviewing the plans of cities, towns and villages. Thirteenth river dredging or dike reinforcement and filling ponds on both sides of the dike body should not occupy or occupy less cultivated land. 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 the occupation of rivers, lakes, beaches and state-owned barren hills and wasteland or borrow soil from rivers, lakes, beaches and state-owned barren hills and wasteland.

Borrowing or occupying land is exempt from land compensation fees.

The available land increased due to 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, maintenance and management of river dikes and river regulation projects.