Full text of Shandong Province Urban Greening Management Measures Law

Article 1 In order to strengthen the management of urban greening, promote the development of urban greening, protect and improve the ecological environment, and beautify the city, these measures are formulated in accordance with the Regulations on Urban Greening and relevant laws and regulations, combined with the actual situation of this province.

Article 2 These Measures shall apply to the planning, construction, protection and management of trees, flowers and other greening in the urban planning area of this province.

Third provincial people's government construction administrative departments in charge of the province's urban greening management.

The competent department of urban greening administration of the People's Government of a city is in charge of urban greening work within its administrative area.

Urban planning, municipal administration, real estate, forestry, environmental protection, public security, industrial and commercial administration and other departments, in accordance with their respective responsibilities, cooperate with the administrative department of urban greening to do a good job in greening.

Article 4 Urban greening should be based on local conditions, adhere to the combination of land conservation and beautifying the environment, highlight its characteristics, and implement the principles of unified planning, supporting construction, phased implementation and respective responsibilities.

Article 5 The people's government of a city shall take measures to encourage units and individuals to invest in urban greening, and actively carry out mass creation activities such as garden-style units and advanced greening units to build a garden city.

Article 6 The people's government of a city shall incorporate urban greening into the national economic and social development plan, and arrange funds for urban greening maintenance and construction in accordance with the relevant provisions of the state and the province.

Seventh units in the city and citizens who have the ability to work shall fulfill the obligation of planting trees or other greening in accordance with the relevant provisions of the state.

Conditional units should carry out vertical greening. Encourage and advocate units and citizens to change customs and plant memorial trees.

Eighth all units and individuals should take good care of urban green space and greening facilities, and have the right to stop, report and accuse the damage to green space and greening facilities.

Article 9 The people's government of a city shall organize the competent department of urban planning administration and the competent department of urban greening administration to jointly prepare the urban greening plan and incorporate it into the overall urban planning.

After the urban greening plan is approved according to the prescribed procedures, it shall be organized and implemented by the administrative department of urban greening.

Tenth urban greening planning arrangements should be adapted to the nature, scale and development of the city, and the urban greening index should gradually reach 30% of the urban area.

Eleventh construction projects and their affiliated greening projects should be designed and constructed at the same time. The time to complete greening shall not be later than the second annual greening season after the main project is put into use; If the greening task is not completed within the time limit, the competent department of urban greening administration shall organize greening on behalf of it, and the greening cost shall be borne by the construction unit.

Twelfth affiliated greening project design of construction projects, in accordance with the basic construction procedures for examination and approval, must have the competent department of city greening administration to participate in the review; Without examination, the competent department of city planning administration shall not issue a permit for planning of construction projects.

Thirteenth strictly control the green space construction projects in big cities. If the area of urban public green space is more than two, the design scheme shall be approved by the administrative department of urban greening in the city where it is located and submitted to the administrative department of construction of the provincial people's government for approval; If the area is less than 2 hectares, it shall be examined and approved by the local urban greening administrative department.

The design scheme of urban residential green space, production green space, protective green space and road greening shall be examined and approved by the administrative department of urban greening.

Article 14 The design and construction of urban greening projects shall be undertaken by units with corresponding qualifications.

Fifteenth after the completion of the urban greening project, the competent department of urban greening administration or the competent department of the project shall be responsible for organizing the completion acceptance. Unqualified acceptance shall not be delivered for use.

Sixteenth city greening maintenance management responsibility:

(a) public green space, scenic woodland, protective green space, road greening, urban greening professional maintenance units or units entrusted by the administrative department of urban greening;

(two) the courtyard green space in the attached green space, production green space and residential green space of the unit shall be responsible for the ownership unit;

(three) the trees, flowers and green facilities in the area of responsibility in front of the unit shall be responsible for the responsible unit;

(four) residential green space, the implementation of property management, property management companies are responsible for; Without the implementation of property management, the construction unit shall be responsible for or entrust the professional maintenance unit of urban greening.

Seventeenth any unit or individual shall not arbitrarily change the nature of urban greening planning land or destroy the topography, landforms, water bodies and vegetation of greening planning land.

To adjust the overall urban planning or urban greening planning, we should ensure the reasonable growth of various indicators of urban greening land and the reasonable layout of various green spaces.

Eighteenth any unit or individual shall not occupy urban green land without authorization; The occupied urban green space shall be returned within a time limit.

Temporary occupation of urban green space due to construction or other special needs must be approved by the administrative department of urban greening, and temporary land use procedures shall be handled in accordance with relevant regulations.

Nineteenth temporary occupation of green space shall not exceed two years. After the expiration of the occupation period, the occupying unit shall clean up the site and restore it to its original state.

Twentieth city parks should strengthen management, keep the park clean and tidy, and the facilities are in good condition. The construction of amusement facilities, service outlets and other construction projects that affect the greening function in the park must be approved by the administrative department of urban greening.

No construction projects that hinder the park landscape and pollute the environment shall be built around the park.

Twenty-first urban green space prohibits the following acts:

(1) Digging, quarrying and taking soil;

(two) stacking materials, sand and gravel, dumping waste and parking vehicles;

(3) stocking poultry and livestock;

(4) Climbing flowers and trees, picking flowers and plants, and trampling on the lawn.

Article 22 The people's government of a city shall protect the lawful rights and interests of tree owners. The ownership of urban trees is confirmed according to the following provisions:

(a) the trees planted on state-owned land are owned by the land users;

(2) Trees planted on collective land shall be owned by the collective, unless otherwise agreed in the agreement or contract.

City tree ownership certificate issued by the city people's government.

Twenty-third unauthorized felling and transplanting of trees is strictly prohibited. If it is really necessary to cut down or transplant, it must be approved in accordance with the following provisions:

(a) cutting or transplanting trees 10 below, the county (city) urban greening administrative department for examination and approval;

(two) a felling or transplanting trees 10 above 50 below, approved by the municipal administrative department of urban greening;

(three) the felling or transplanting of more than 50 trees at a time shall be approved by the provincial construction administrative department.

Twenty-fourth urban greening administrative departments shall regularly prune the trees and flowers of public green space, protective green space and road greening.

If the pipeline management unit needs to prune trees, it must apply to the administrative department of urban greening, and the administrative department of urban greening will organize pruning in a unified way. Measures to bear the cost of pruning shall be formulated by the municipal people's government.

Due to force majeure, when the trees fall and endanger the pipeline and traffic safety, the pipeline management unit and the public security traffic management department can trim or cut them first, but they must report to the urban greening administrative department and the green space management unit within 3 days of the incident.

Twenty-fifth pipeline installation or other construction needs to dig green space or mobile greening facilities, and must be approved by the administrative department of urban greening; After the completion of the project, it shall be restored to its original state within a time limit.

Twenty-sixth trees in any of the following circumstances must be cut down and updated in time. Trees are owned by units and individuals, and the owners of trees shall report to the administrative department of urban greening in a timely manner, and cut and update them as required:

(a) the age of the tree has reached the renewal period or died of natural causes;

(two) there are serious pests and diseases that cannot be saved;

(three) serious decay or tilt, which hinders traffic or endangers the safety of people, buildings and other facilities;

(four) due to other natural reasons need to be cut down or updated.

Twenty-seventh prohibit the following acts of damaging trees:

(1) Peel and dig roots;

(2) Erecting sheds and wires for trees;

(3) Climbing trees, breaking branches and picking fruits;

(4) lettering, nailing and tying livestock on trees;

(5) Stacking materials within a distance of 1 m from trees, and digging sand, taking soil and burning kilns within a distance of 2 meters;

(six) other acts that hinder the survival of trees as prescribed by laws and regulations.

Twenty-eighth ancient and famous trees in the city are managed by the administrative department of urban greening, and the relevant responsible units and citizens are responsible for the maintenance.

It is forbidden to cut down or transplant old and famous trees. Due to special needs, it shall be submitted for approval in accordance with the following provisions:

(a) rare trees with a tree age of more than 300 years or with important historical value and commemorative significance shall be reviewed by the provincial construction administrative department and submitted to the provincial people's government for approval;

(two) other ancient and famous trees, by the local administrative department of urban greening audit, reported to the people's government at the same level for approval.

Twenty-ninth urban greening administrative departments shall, in accordance with the relevant provisions of the state, strengthen the investigation and monitoring of tree and flower diseases and insect pests, and do a good job in the supervision and management of urban plant diseases and insect pests and other natural disasters.

Thirtieth in violation of the provisions of these measures, the urban greening design scheme is not approved or not in accordance with the approved design scheme, the urban greening administrative department shall order it to stop construction, make corrections within a time limit or take other remedial measures.

Thirty-first in violation of the provisions of these measures, one of the following acts shall be ordered by the competent department of urban greening administration or its authorized unit to stop the infringement and may also be fined; If losses are caused, it shall be responsible for compensation; Should be given administrative penalties for public security, shall be dealt with by the public security organs according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) damage to trees and flowers, and impose a fine of +0 to 3 times the compensation fee;

(two) unauthorized pruning of trees, punishable by a fine of more than 200 yuan 1000 yuan; If trees are killed due to unauthorized pruning, a fine of 3 to 5 times of tree compensation fee shall be imposed;

(three) unauthorized felling of trees, and impose a fine of 3 to 5 times the tree compensation fee;

(four) unauthorized felling and transplanting of ancient and famous trees, or damage or death of ancient and famous trees due to poor maintenance, and impose a fine of 6.5438+0 million yuan per plant but not more than 30,000 yuan;

(five) damage to the greening facilities, and impose a fine of +0 to 3 times the compensation fee.

Thirty-second unauthorized occupation of urban green land, the urban greening administrative department shall order it to be returned within a time limit and restored to its original state, and may impose a fine of more than 1000 yuan 10000 yuan; If losses are caused, it shall be liable for compensation.

Thirty-third in accordance with the provisions of the implementation of fines, fines must be implemented in accordance with the provisions of the State Council "measures for the implementation of the separation of fines and fines collection".

Thirty-fourth if a party refuses to accept the decision on administrative punishment, it may apply for reconsideration or bring a lawsuit to the people's court according to law. If the party concerned fails to apply for reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.

Thirty-fifth urban greening administrative department staff dereliction of duty, abuse of power, corruption constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions by the unit to which it belongs or by the competent authority at a higher level.

Article 36 These Measures shall come into force as of the date of promulgation.