Regulations of Shanghai Municipality on Greening Work
Regulations of Shanghai Municipality on Greening Work
Regulations of Shanghai Municipality on Greening Work
Proclamation of the Standing Committee of the Shanghai Municipal People's Congress [2007] No.73
January 1,2007
Chapter I General Provisions
Article 1
For the purpose of promoting the development of this Municipality's greening undertaking, improving and protecting the ecological environment, these Regulations are formulated in accordance with the State Council's Regulations on the Urban Greening and other relevant laws and administrative regulations and in the light of this Municipality's actual circumstances.
Article 2
These Regulations apply to planning, construction, protection and administration of the greening work such as planting, growing and maintaining trees, grass and flowers in this Municipality's administrative areas.
The administration of ancient and famous trees and their subsequent resources shall follow the provisions set out in the Regulations of Shanghai Municipality on the Protection of Ancient and Famous Trees and Their Subsequent Resources; the administration of woodland and forest trees shall follow the provisions of relevant laws and regulations.
Article 3
The municipal, district and county people's governments shall include the greening construction in the national economic and social development plan, and guarantee the fund input in the construction and maintenance of public green lungs.
Town and township governments and sub-district offices shall, in accordance with the requirements of the people's governments in the locality of their districts and counties, carry out the relevant greening work within their jurisdiction.
Article 4
The greening administrative department under the Municipal People's Government (hereinafter referred to as MGAD) takes charge of the greening work in this Municipality's administrative areas while the district/county greening administrative departments (hereinafter referred to as district/county GAD) takes the charge of the greening work in their respective jurisdiction, carry out administrative license and administrative punishment according to the provisions of these Regulations and submit themselves to the professional guidance of the MGAD.
Other relevant departments of this Municipality shall, according to their respective functions and duties, coordinate in implementing these Regulations.
Article 5
The municipal, district, county, sub-district and township greening committees shall organize and promote the drive for all people's voluntary tree-planting activity and the mass greening work.
Every unit and every citizen of the right age with laboring capacity shall discharge the obligation of planting trees according to relevant State provision.
Every unit and every individual person are encouraged to take part in the greening construction and maintenance in the form of investment, donation or adoption. The unit or individual person that makes donation or adoption may enjoy the right to have its or his/her name used as the title of the green lungs or tree for a certain period of time.
Article 6
This Municipality strengthens the scientific research on greening, preserves the diversity of plants, and encourages the selected propagation and introduction of plants that fit in with this city's natural conditions, optimizes the plant allocation, popularizes the techniques of preventing and wiping out plant diseases and insect pests, and promotes the transformation of the scientific and technological achievements in the greening work.
Article 7
Every unit and every individual person enjoy the right to a good greening environment, have the obligation to protect greening and greening facilities, and have the right to dissuade, lodge complaints about and report on any act of destroying greening and greening facilities.
People's governments at all levels shall commend or reward the units and individual persons that make remarkable achievements in the greening work.
Chapter II Planning and Construction
Article 8
The MGAD shall, according to the situation of the economic and social development and the needs of the greening development of this Municipality, work out the municipal systematic greening planning that is brought into the overall plan of the city after being comprehensively balanced by the municipal planning administrative department, and approved by the Municipal People's Government.
The district/county GAD shall, according to the municipal systematic greening planning, and in the light of the actual circumstances of the district/county itself, work out the district/county greening planning, and submit it to the district/county people's government for approval after it is comprehensively balanced by the district/county planning administrative departments; the district/county people's government shall solicit opinions of the MGAD before giving approval.
Article 9
The municipal systematic greening planning shall define the greening targets, the layout of planning, the area and control principle of various green lungs in this Municipality.
The district/county greening planning shall define the functional forms of various green lungs, the phased construction plans and the construction standards.
In working out and adjusting the municipal systematic greening planning and the district/county greening planning, relevant departments shall, before submitting them for approval, adopt various forms to solicit opinions of the interest-related public.
Article 10
The planning administrative departments shall, jointly with the greening administrative departments at the same level, and on the basis of the formulated regulatory unit plan, the municipal systematic greening planning and the district/county greening planning, determine the control line of various green lungs (hereinafter referred to as the green line), and make it known to the public.
The green line shall not be adjusted arbitrarily. Where an adjustment really needs to be made owing to the urban construction, the planning administrative department shall solicit opinions of the MGAD, and, in accordance with the competence for the examination and approval of the planning, submit the case to the original examination organ for approval.
Any adjustment of the green line shall not reduce the total area of the planned green lungs. Where the planned green lungs are reduced owing to the adjustment of the green line, new planned green lungs shall be constructed.
Article 11
Newly-built construction projects on the periphery of public green lungs shall be in tune with the landscape of the green lungs, and shall not influence the normal growth of plants.
When working out the detailed control planning, the planning administrative departments shall, jointly with the greening administrative department at the same level, delimit the control area of certain extent on the periphery of public parks and green lungs. Within the control area, it is forbidden to construct buildings and structures exceeding the stipulated height. The specific administration procedures shall be separately formulated by the municipal planning administrative department jointly with the MGAD.
Article 12
For the newly-built construction projects in main areas and on both sides of major landscape roads, concentrated green lungs of certain proportion and width shall be set up on one side of the construction project along the roads.
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