Who should be responsible for replacing dead trees in the community?

1. According to the Urban Greening Regulations of the State Council,

To prune, move and cut down trees in residential areas, residential properties must be applied to the competent administrative department of urban greening in advance (the management system of the garden department or other forestry departments will be slightly different everywhere). If trees are damaged or killed by pruning, moving or cutting without authorization, they must be replanted in addition to certain economic penalties.

The state also has strict regulations on the examination and approval of pruning, migration and felling of urban greening trees. According to the regulations, the garden department generally decides on the spot.

Two. Attachment: Implementation date of the State Council Urban Greening Ordinance: 1992/08/0 1.

Chapter one is always? rule

Rule number one In order to promote the development of urban greening, improve the ecological environment, beautify the living environment and improve people's physical and mental health, these regulations are formulated.

Rule number two These Regulations shall apply to the planning, construction, protection and management of urban greening such as planting and maintaining trees and flowers in urban planning areas.

Rule three. The people's government of a city shall incorporate the urban greening construction into the national economic and social development plan.

Article 4? The state encourages and strengthens scientific research on urban greening, popularizes advanced technology and improves the scientific, technical and artistic level of urban greening.

Article 5? Units in the city and citizens who have the ability to work shall fulfill their obligations of planting trees or other greening in accordance with the relevant provisions of the state.

Article 6? Units and individuals that have made remarkable achievements in urban greening work shall be commended and rewarded by the people's government.

Article 7? The State Council has set up the National Greening Committee to organize and lead the greening work in urban and rural areas in a unified way, and its office is located in the administrative department of forestry in the State Council.

The State Council urban construction administrative department and the State Council forestry administrative department, etc. , in accordance with the division of functions and powers stipulated by the State Council, responsible for the national urban greening work.

The local greening management system shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to local actual conditions.

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

In the urban planning area, the greening work managed by the forestry administrative department as stipulated by relevant laws and regulations shall be implemented in accordance with relevant laws and regulations.

Chapter two? Planning and construction

Article 8? 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 prepare the urban greening plan and incorporate it into the overall urban planning.

Article 9? Urban greening planning should proceed from reality and reasonably arrange the urban greening land area suitable for urban population and urban area according to the needs of urban development.

Urban per capita green area and green coverage rate and other planning indicators, determined by the administrative department of urban construction in the State Council according to the nature, scale and natural conditions of different cities.

Article 10? Urban greening planning shall, according to local characteristics, make use of natural and human conditions such as original topography, landforms, water bodies, vegetation and historical and cultural sites, and rationally set up public green space, residential green space, protective green space, production green space and scenic woodland in accordance with the principle of facilitating the masses.

Article 11? The design of urban greening projects shall be entrusted to design units with corresponding qualification certificates.

The design scheme of the greening project attached to the construction project shall be examined and approved in accordance with the basic construction procedures, and the administrative department of urban greening of the people's government of the city must participate in the examination.

The design scheme of greening projects such as urban public green space, residential green space, scenic forest land and trunk road green belt must be reported to the administrative department of urban greening of the people's government of the city or its superior administrative department for examination and approval.

The construction unit must carry out the construction according to the approved design scheme. If the design scheme really needs to be changed, it must be approved by the original approving authority.

Article 12? The design of urban greening project should draw lessons from advanced experience at home and abroad, and reflect national style and local characteristics. The construction of urban public green space and residential green space should give priority to plant landscaping, choose trees and flowers suitable for local natural conditions, and properly allocate springs, stones, sculptures and other scenery.

Thirteenth urban greening planning should plan different types of protective green space according to local conditions. All relevant units shall, in accordance with the relevant provisions of the state, be responsible for the greening construction of protective green space within their respective administrative areas.

Fourteenth units attached to the green space greening planning and construction by the unit itself, the competent administrative department of urban greening of the city people's government shall supervise and inspect and give technical guidance.

Fifteenth urban nurseries, grass nurseries, flower beds and other production green space construction should meet the needs of urban greening construction.

Sixteenth urban greening projects should be entrusted to units with corresponding qualification certificates. After the completion of the greening project, it shall be accepted by the administrative department of urban greening of the city people's government or the competent department of engineering before it can be delivered for use.

Article 17? Urban construction, expansion, renovation projects and residential development projects need greening, and its capital construction investment should include supporting greening construction investment, and make unified arrangements for greening project construction to complete greening tasks within the prescribed time limit.

Chapter three? Protection and management

Article 18? The greening of urban public green space, scenic forest land, protective green space, street trees and trunk road green belts shall be managed by the urban greening administrative department of the urban people's government; The greening of protective green space in the management area of each unit shall be managed by the unit in accordance with the relevant provisions of the state; The greening of self-built parks and affiliated green spaces is managed by the unit; The greening of green space in residential areas is managed by the administrative department of urban greening of the Municipal People's Government according to the actual situation; Urban nurseries, grass nurseries and flower beds are managed by their business units.

Nineteenth any unit or individual shall not change the nature of urban greening planning land without authorization, and shall not destroy the topography, landforms, water bodies and vegetation of greening planning land.

Article 20? No unit or individual may occupy urban green space without authorization; The occupied urban green space shall be returned within a time limit.

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

Article 21? No unit or individual may damage urban trees, flowers and green facilities.

Cutting down urban trees must be approved by the administrative department of urban greening of the people's government of the city, and replanting trees or taking other remedial measures in accordance with the relevant provisions of the state.

Article 22? To set up commercial and service stalls in urban public green space, an application must be made to the public green space management unit, and with the consent of the urban greening administrative department of the urban people's government or its authorized unit, the business license approved by the administrative department for industry and commerce shall be held to engage in business activities at the place designated by the public green space management unit, and the provisions on public green space and industrial and commercial administration shall be observed.

Article 23? Urban green space management units shall establish and improve the management system, and keep the trees and flowers lush and green facilities intact.

Article 24? In order to ensure the safe use of pipelines, it is necessary to prune trees, which must be approved by the administrative department of urban greening of the people's government of the city, and shall be pruned in accordance with the principle of giving consideration to the safe use of pipelines and the normal growth of trees. Measures to bear the cost of pruning shall be formulated by the municipal people's government.

Due to force majeure, when the trees tilt and endanger the safety of the pipeline, the pipeline management unit may prune, straighten or cut down the trees first, but it shall report to the urban greening administrative department of the urban people's government and the green space management unit in a timely manner.

Article 25? Trees that are over 100 years old, precious and rare trees, and trees with historical value or important commemorative significance are all ancient and famous trees.

Unified management and maintenance of ancient and famous trees in the city. The competent department of urban greening administration of the people's government of a city shall establish archives and signs of ancient and famous trees, delimit the scope of protection and strengthen maintenance management. Old and famous trees in units or private courtyards shall be maintained by the units or residents, and the urban greening administrative department of the urban people's government shall be responsible for supervision and technical guidance.

It is forbidden to cut down or transfer old and famous trees. The migration of ancient and famous trees due to special needs must be audited by the administrative department of urban greening of the people's government of the city and reported to the people's government at the same level or at a higher level for approval.

Chapter four? Punishment? rule

Article 26? If the design scheme of greening project attached to the construction project or the design scheme of greening project of urban public green space, residential green space, scenic forest land and trunk road green belt is not approved or constructed in accordance with the approved design scheme, the urban greening administrative department of the urban people's government shall order it to stop construction, make corrections within a time limit or take other remedial measures.

Article 27? In violation of the provisions of these regulations, any of the following acts shall be ordered by the competent department of urban greening administration of the people's government of the city or its authorized unit to stop the infringement and may also be fined; If losses are caused, it shall be liable for compensation; Those who should be given administrative penalties for public security shall be punished in accordance with the relevant provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) damage to urban trees and flowers;

(2) pruning or cutting down urban trees without authorization;

(three) cutting down, unauthorized removal of ancient and famous trees or damage or death of ancient and famous trees due to poor maintenance;

(four) damage to urban greening facilities.

Article 28? Unauthorized occupation of urban greening land without consent shall be ordered by the administrative department of urban greening of the people's government of the city to return it within a time limit and restore it to its original state, and may also be fined; If losses are caused, it shall be liable for compensation.

Article 29? Without consent, opening commercial and service stalls in urban public green space without authorization shall be ordered by the urban greening administrative department of the urban people's government or its authorized unit to move out or dismantle within a time limit and may also be fined; If losses are caused, it shall be liable for compensation.

Commercial and service stalls do not obey the management of public green space management units, and shall be given a warning and may be fined by the urban greening administrative department of the urban people's government or its authorized unit; If the circumstances are serious, the administrative department of urban greening of the people's government of the city shall cancel the approval document of its application for setting up the site, and may request the administrative department for industry and commerce to revoke its business license.

Article 30? In violation of these regulations, the person directly responsible or the person in charge of the unit may be given administrative sanctions by his unit or the competent authority at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 31? Staff members of urban greening administrative departments of urban people's governments and urban green space management units who neglect their duties, abuse their powers or engage in malpractices for selfish ends shall be given administrative sanctions by their units or the competent authorities at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 32? If a party refuses to accept the administrative punishment, he may, within fifteen days from the date of receiving the notice of the decision on 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 directly bring a suit in a people's court. Neither applies for reconsideration nor brings a suit in a people's court within the time limit, nor complies with the decision on punishment, the organ that made the decision on punishment shall apply to the people's court for compulsory execution.

Those who refuse to accept the administrative penalties for public security shall be executed in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security.

Chapter five? Attached? rule

Article 33? The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate implementation measures in accordance with these regulations.

Article 34? These Regulations shall come into force as of 1 August 19921day.