Guidance of EIA experts: Measures for the protection and management of ancient and famous trees in cities

Protection methods of ancient and famous trees

Article 1 These Measures are formulated to strengthen the protection and management of ancient and famous trees in cities.

Article 2 These Measures shall apply to the protection and management of ancient and famous trees in urban planning areas and scenic spots.

Article 3 The term "ancient trees" as mentioned in these Measures refers to trees whose age is more than 100 years.

The famous trees mentioned in these Measures refer to rare trees with historical value, commemorative significance and important scientific research value at home and abroad.

Article 4 Ancient and famous trees are divided into Grade I and Grade II.

Where the tree is over 300 years old, or especially precious and rare, it has important historical value, commemorative significance and important scientific research value, and it is a first-class ancient and famous tree; The rest are second-class ancient and famous trees.

Fifth the State Council construction administrative departments responsible for the protection and management of ancient and famous trees in the city.

The construction administrative departments of the people's governments of provinces and autonomous regions shall be responsible for the protection and management of ancient and famous trees in cities within their respective administrative areas.

The administrative department of urban landscaping of the Municipal People's Government shall be responsible for the protection and management of ancient and famous trees in the city within its administrative area.

Article 6 The urban landscaping administrative department of the Municipal People's Government shall investigate, identify, classify, register and number the ancient and famous trees within its administrative area, and establish files and signs.

First-class ancient and famous trees are confirmed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and reported to the construction administrative department of the State Council for the record; The second-class ancient and famous trees shall be confirmed by the Municipal People's Government, and the cities outside the municipality directly under the Central Government shall be reported to the construction administrative departments of provinces and autonomous regions for the record.

The landscaping administrative department of the people's government of the city shall, according to the actual situation, formulate the management plan for the conservation of ancient and famous trees in the city, implement the responsible units and persons for conservation, and conduct inspection and guidance.

Seventh ancient and famous trees protection and management work to implement the professional maintenance department protection and management and units,

The principle of combining personal protection with management.

The ancient and famous trees growing in the green spaces and parks managed by the professional maintenance management department of urban landscaping shall be protected and managed by the professional maintenance management department of urban landscaping;

Old and famous trees growing within the land used by railways, highways and rivers shall be protected and managed by the railway, highway and river management departments;

Ancient and famous trees growing in scenic spots shall be protected and managed by the administrative departments of scenic spots.

Ancient and famous trees scattered in the courtyard management circle of all units and individuals shall be protected and managed by their units and individuals.

Change the conservation units or individuals of ancient and famous trees, it shall go through the procedures for the transfer of conservation responsibility to the administrative department of urban landscaping.

Eighth urban landscaping administrative departments should strengthen the supervision and management of urban ancient and famous trees and technical guidance, actively organize scientific research on ancient and famous trees, popularize the application of scientific research results, popularize protection knowledge, and improve the level of protection management.

Ninth old and famous trees maintenance and management costs borne by the old and famous trees responsible units or responsible persons.

The cost of rescue and rejuvenation of ancient and famous trees can be appropriately subsidized by the administrative department of urban landscaping.

The people's government of a city shall set aside a certain proportion of funds from the urban maintenance and management funds and the special funds for urban landscaping every year for the protection and management of ancient and famous trees in the city.

Tenth old and famous trees conservation responsibility units or responsible persons shall implement protection and management in accordance with the maintenance and management measures stipulated by the administrative department of urban landscaping. Where the ancient and famous trees are damaged or weakened, the maintenance units and individuals shall immediately report to the administrative department of urban landscaping, and the administrative department of urban landscaping shall organize governance and rejuvenation.

Old and famous trees that have died shall be confirmed by the administrative department of urban landscaping, find out the reasons, distinguish the responsibilities, and cancel the registration before they can be handled. The results should be promptly reported to the administrative department of construction in the province or autonomous region or the administrative department of landscaping in the municipality directly under the Central Government.

Eleventh old and famous trees owned by collectives and individuals shall not be bought, sold or transferred without the approval of the administrative department of urban landscaping and reported to the Municipal People's government for approval. Those who donate to the country should be given appropriate rewards.

Article 12 No unit or individual may cut down and transplant ancient and famous trees without authorization for any reason or way.

Due to special needs, it is really necessary to transplant secondary ancient and famous trees, which shall be approved by the administrative department of urban landscaping and construction and submitted to the administrative department of construction of the province or autonomous region for approval; Transplanting first-class ancient and famous trees shall be audited by the construction administrative department of the province or autonomous region and submitted to the people's government of the province or autonomous region for approval.

If a municipality directly under the Central Government really needs to transplant one or two ancient and famous trees, it shall be examined by the competent department of urban landscaping administration and reported to the people's government of the city for approval, and the expenses required shall be borne by the transplanting unit.

Thirteenth it is forbidden to damage the old and famous trees in the city:

1. Depicting, posting or hanging objects on trees;

Borrowing trees as supports or fixtures during construction and other operations;

Climbing trees, breaking branches, digging roots, picking fruit seeds or peeling branches, trunks and barks;

Stacking materials, digging holes and taking soil, building temporary facilities, dumping harmful sewage, dirt, garbage, using naked flames or discharging smoke and dust within 5 meters of the vertical projection of the crown;

Transplanting, deleting or transferring business without authorization.

Fourteenth new construction, renovation and expansion projects affect the growth of ancient and famous trees, the construction unit must put forward avoidance and protection measures. When the competent department of city planning administration handles the relevant formalities, it shall obtain the consent of the competent department of city landscaping administration and report to the people's government of the city for approval.

Fifteenth production and living facilities and other production waste water, waste gas, waste residue and other hazards to the growth of ancient and famous trees, the relevant units and individuals must take measures to eliminate the hazards within a time limit in accordance with the requirements of the administrative department of urban greening and the environmental protection department.

Article 16 If the protection management is not implemented in accordance with the prescribed management plan, which affects the normal growth of ancient and famous trees, or the ancient and famous trees are damaged or weakened, and the responsible units and persons for maintenance management fail to report or take remedial measures, the administrative department in charge of urban landscaping shall deal with it in accordance with the provisions of Article 27 of the Regulations on Urban Greening.

Seventeenth in violation of the provisions of article eleventh, article twelfth, article thirteenth and article fourteenth of these measures, the competent administrative department of urban landscaping shall be dealt with according to the provisions of article twenty-seventh of the Regulations on Urban Greening, depending on the seriousness of the case.

Eighteenth destruction of ancient and famous trees and their signs and protection facilities, in violation of the "Regulations of the people's Republic of China on administrative penalties for public security", shall be punished by the public security organs, constitute a crime, shall be investigated for criminal responsibility by judicial organs according to law.

Article 19 If the administrative department in charge of urban landscaping fails to take effective measures for protection and restoration, or the staff neglects their duties, resulting in the injury or death of ancient and famous trees, the competent department at a higher level shall punish the leaders of the administrative department; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law.

Twentieth approach by the the State Council municipal construction administrative departments responsible for the interpretation of.

Article 21 These Measures shall come into force as of the date of promulgation.