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Regulations of Beijing Municipality on City Afforestation

(Adopted at the 19th Meeting of the Standing Committee of the 9th Municipal People’s Congress of Beijing on April 21, 1990, amended in accordance with the Decision on the Amendment of the Regulations of Beijing Municipality on City Afforestation adopted at the 36th Meeting of the Standing Committee of the 10th Municipal People’s Congress of Beijing on April 16, 1997)

Chapter I General Provisions

Article 1 For the purpose of developing the city afforestation undertaking of this Municipality and implementing the Overall Planning Scheme for the City Construction of Beijing, these Regulations are formulated in accordance with relevant laws and regulations.

Article 2 These Regulations shall apply to the construction and administration of the city afforestation in the administrative area of this Municipality.

Article 3 The people’s governments at all levels in this Municipality shall take the city afforestation as an important component of the city construction, incorporate it into the plan for national economic and social development, launch a movement for national obligatory tree-planting and other afforestation activities, strengthen the administrative and the scientific and technological work, raise the percentage of green coverage and the level of afforestation.

Article 4 All government organs, social groups, armies, enterprises and institutions and citizens with the ability to labor shall have the obligation to undertake afforestation.

Everyone shall take good care of the fruits of afforestation and the afforesting facilities, and have the right to stop any act that damages the afforestation.

Article 5 The Municipal Public Parks Bureau shall be the competent department for the city afforestation in this Municipality. The administrative departments of city afforestation of the district, county, township people’s governments or urban neighborhood offices shall be in charge of the construction and administration of the city afforestation in their respective administrative areas.

Article 6 The people’s governments at all levels of this Municipality and the administrative departments of city afforestation shall give praises and rewards to the units and individuals who have made outstanding achievements in the work of city afforestation.

Chapter II Construction of City Afforestation

Article 7 The Municipal People’s Government shall organize the formulation of a specialized plan for the city afforestation and the implementation plans for each stage.

Article 8 In construction of city afforestation, the distribution shall be rational, the afforestation in the urban area shall be connected with the afforestation in the suburbs, the city afforestation shall be combined with the city construction and the environment control, universal afforestation shall be combined with intensifying afforestatiom in key areas so as to form a integral system.

Article 9 Afforestation on roads shall lay stress on sheltering from heat, light and dust, reducing noises, decorating the roads’ view and beautifying the city appearances. The banks of rivers and lakes shall be greened, and the major sectors shall be built step by step into riverside parks or lakeside parks in accordance with the city planning.

Article 10 Units and residents shall be encouraged to utilize the empty spaces in their yards to plant flowers, grasses and trees. The development of vertical greening shall be advocated.

Article 11 The construction of afforestation shall be regarded as an important part in developing new areas and reconstructing old areas. Towns in the suburbs shall carry out the construction of afforestation according to their planning.

Article 12 The construction of nurseries of young plants, grass and flowers in the city shall adapt to the need of the development of afforestation and shall approach step by step to realize self-sufficiency of supply of young plants for the city.

Article 13 For each construction project, a certain percentage of land of the project shall be arranged for greening. Its proportion to the area of land used for construction shall be as follows:

1. No less than 30% for newly built residential areas, and the public greenbelt shall be planted following the standard of 2 square meters per capita for the residents; the public greenbelt shall be planted following the standard of 1 square meter per capita for a residential area;

2. No less than 45% for hospitals and no less than 50% for sanatoriums outside the San Huan Lu;

3. No less than 40% for factories that produce poisonous and harmful gas pollutants and sanitary shelter belt shall be planted according to relevant regulations;

4. No less than 35% for universities and colleges inside San Huan Lu and no less than 45% for universities and colleges outside San Huan Lu;

5. No less than 30% for large public buildings and facilities such as hotels, restaurants, stadiums and gymnasiums;

6. No less than 20% for large-and-medium size commercial and service facilities in the downtown business areas that have been examined and approved by the Municipal City Planning Administration;

7. No less than 20% for tracts of reconstruction areas for old houses in downtown areas and landscape protected areas; and

8. No less than 30% for backbone roads and no less than 20% for secondary main roads.

In addition to the provisions in the preceding paragraph, the percentage shall not be less than 25% for other construction projects in the downtown areas and no less than 30% for those in the suburbs.

The specific measures for implementing this Article shall be formulated by the Municipal City Planning Administration Bureau and the Municipal Public Parks Bureau and reported to the Municipal People’s Government for approval for implementation.

Article 14 The cost for the construction of afforestation for each new construction project, reconstruction project and extension project shall be listed in the total investment for each construction item.

Article 15 Where the existing amount of the land used for afforestation in units, residential areas or residential quarters is lower than the standard provided for in Article 13 and there is still free land that can be used for greening, the free land shall be used for greening and shall not be left idle.

Article 16 Where the area of land used for greening for individual construction project cannot meet the standard provided for in Article 13 and there is real need for the project to be constructed, this project shall be examined and verified by the Municipal City Planning Administration and reported to the Municipal People’s Government for approval, and the greening compensation fee shall be paid according to the deficiency of the land used for greening so that the administrative departments of city afforestation shall undertake unified construction of afforestation according to the city planning.

The rates for greening compensation fee and the measures for collection shall be formulated by the Municipal People’s Government.

Article 17 The locations for construction of city afforestation and that for the construction of other public facilities of municipal administration shall be arranged by the administrative department of city planning in a unified manner.

The administrative department of city afforestation undertaking the construction, management and maintenance of afforestation shall take account of the needs of public facilities of municipal adminisitration, water conservancy projects, road traffic, and fire protection, etc. at the same time.

Where laying such public facilities of municipal administration as pipelines for telecommunication cables, power transmission, gas, heating power, water-supply and drainage, etc. which impair the city afforestation, the competent department shall, during the design and before the construction, decide on protective measures together with the administrative department of city afforestation.

Article 18 The greening project and the principal part of a construction project shall be planned and designed at the same time, and be put into construction according to the approved design scheme. The time to complete the greening project shall not be later than the greening season of the second year after the principal part of the project is put into use. For a residential area or a residential quarter which is put into use while being constructed, the greening around the buildings that are already put into use shall also be completed in the greening season of the next year.

A unit which has not completed its greening project shall be ordered to complete the project within a prescribed time limit. If it fails to complete the greening project within the prescribed time limit, the greening work shall be done by a professional greening agency and a fee for the delay, that is 1 to 2 times of the actual cost for the greening project, shall be levied on the responsible unit.

After a construction project is completed, the construction unit shall remove the temporary facilities within the area that shall be used for greening and clean the site so as to create conditions for greening.

Article 19 The design scheme for a construction project of city afforestation shall be examined and approved in accordance with the following provisions:

1. The design scheme for a citywide park or a regional park shall be examined and approved by the Municipal City Planning Administration after being examined and verified by the Municipal Public Parks Bureau;

2. The examination and determination of the design scheme for a newly constructed or reconstructed residential area and residential quarter, large public buildings and other important city construction projects shall be made with the participation of the Municipal Public Parks Bureau;

3. The design scheme for a construction project within the greenbelt of a public park shall be examined and approved by the administrative department of city planning after being examined and verified by the administrative department of city afforestation; and

4. The design scheme for other public greenbelts and city roads greening shall be examined and approved by the administrative department of city afforestation.

Chapter III Management of City Afforestation

Article 20 Professional management and mass management shall be combined in the work of management of city afforestation, and the division of labor responsibility shall be made in accordance with the following provisions:

1. The departments of public parks, highway, water conservancy and railway shall be responsible respectively for the afforestation of public greenbelts, shelter belts, city-roads, highways and waterways and the two sides of railways and the management and maintenance thereof ;

2. The administrative departments at the district or county level, urban neighborhood offices or the town people’s government shall organize the units and residents in their administrative areas to take the responsibility of afforestation of their residential areas or residential quarters and the management and maintenance thereof by assigning them each a part or a section; and

3. All government organs, social groups, armies, enterprises and institutions shall be responsible for afforestation of the section within the limits of the land they use and that in front of their door which they are responsible for and the management and maintenance thereof.

The administrative departments of afforestatin at all levels shall give full play to the professional law enforcement teams for afforestation and strengthen the daily work of supervision and inspection.

Article 21 The State protects the legitimate rights and interests of tree owners, and managers and maintainers of trees. The ownership of trees shall be determined in accordance with the following provisions:

1. Trees planted, managed and maintained by the departments of public parks, highways, water conservancy, railways, etc. within the prescribed limits of the land they use shall be owned respectively by these departments;

2. Trees planted, managed and maintained by government organs, social groups, armies, enterprises and institutions within the limits of the land they use shall be owned by this unit;

3. Trees in a residential area or a residential quarter which are planted, managed and maintained by the housing administrative department shall be owned by the housing administrative department; those planted, managed and maintained by the urban neighborhood office shall be owned by the urban neighborhood office;

4. Trees within the area of public houses self-managed by a unit, which the unit organize its staff and workers to plant, manage and maintain shall be owned by the unit which owns the property right of the houses; and

5. Trees in the yard of a private house planted by the property right owner himself shall be owned by the property right owner.

Article 22 Ancient trees and famous trees shall be strictly protected and managed and prohibited from being felled, transplanted and other damages. Due to special circumstances under which such trees have to be felled or transplanted, the matter shall be reported to the Municipal People’s Government for approval after being examined and verified by the Municipal Public Parks Bureau.

Article 23 Felling or transplanting trees in the city shall be strictly controlled. Where there is a real need to fell or transplant trees, this thing may be done only after a permit for felling or transplantation is acquired upon examination and approval in accordance with the following provisions:

1. Felling of less than 10 trees at one time in one spot shall be examined and approved by the Municipal Public Parks Bureau;

2. Felling of more than 10 trees at one time in one spot shall be verified by the Municipal Public Parks Bureau which shall report it to the Municipal People’s Government for examination and approval; and

3. Except for the normal operation of professional departments of afforestaion, any transplantation of trees that is necessary shall be examined and approved by reference to the above provisions.

Where trees are to be felled or transplanted, a plan to plant trees to make up the trees felled or the measures to maintain transplanted trees shall be submitted and be implemented under the supervision of the administrative department of city afforestation.

Article 24 In case of emergencies such as flood or fire, where it is necessary to fell trees in order for the departments of municipal administration, public utilities, telecommunications, power supply, water conservancy, railway, public security and traffic, fire protection to rush to deal with the emergency, provide rescue and tackle the accident, these departments may deal with the case first and report in time to the local administrative department of city afforestation afterwards.

Article 25 Changing the nature of the use of an existing greenbelt shall be reported to the Municipal People’s Government for approval; changing the nature of the use of other city greenbelt shall be reported to the Municipal City Planning Administration for examination and approval upon being examined and verified by the Municipal Public Parks Bureau.

Article 26 Temporary occupation of a city greenbelt shall be strictly controlled. Where there is a real need to occupy it, the matter shall be reported to the examination and approval department of temporary use of land for approval after being examined and verified and approved by the Municipal Public Parks Bureau, and the original state shall be restored within a prescribed time limit.

Where the temporary occupation of a city greenbelt results in losses of flowers and grass and trees, the unit that occupies the land shall be liable for compensation.

Article 27 The land used for city afforestation requisitioned by a construction unit as an agent shall be handed over to the professional city greening agency to undertake afforestaion within a prescribed time limit and without authorization, shall not be used for any other purpose.

Article 28 The following acts that damage city afforestation and afforesting facilities shall be prohibited:

1. To build houses by using living trees as pillars or encircle trees with a wall;

2. To set up business stalls inside greenbelts and the green fences on the two sides of roads;

3. To heap up goods and materials inside lawns and flower beds;

4. To litter wastes in greenbelts;

5. To destroy lawns, flower beds and green fences;

6. To nail, tie something or to carve on trees, climb or to break off flowers or branches of trees; and

7. other acts destroying city afforestation and afforesting facilities.

Article 29 The people’s governments at all levels of this Municipality shall arrange appropriate outlays for city afforestation in the budget.

Government organs, social groups, armies, enterprises and institutions shall arrange outlays based on their respective afforestation task and the maintenance standards in accordance with relevant financial provisions.

The unit that has the property right of houses shall pay the maintenance fee for the afforestation of a residential area or a residential quarter.

Outlays for afforestation shall not be held back or embezzled.

Article 30 The greening compensation fee and the fee for delay of afforestation collected by the administrative department of city afforestation according to the provisions of these Regulations shall be put into the special fund for city afforestation which, as a special fund, shall only be used for afforestation and the use of which shall be supervised by the financial department.

Chapter IV Legal Liability

Article 31 The responsible unit which, in violation of these Regulations, commits one of the following acts shall be fined by the administrative department of city afforestation:

1. in violation of the provisions of Article 15 of these Regulations, leaving a piece of empty land that may be used for afforestation idle for more than two years; and

2. in violation of the provisions of paragraph 3 of Article 18 of these Regulations, not clearing the land for afforestation after an construction project is completed.

Article 32 Whichever, in violation of the provisions of Article 23 of these Regulations, transplants trees without authorization shall be ordered by to make corrections within a prescribed time limit or to take other remedy measures by the administrative department of city afforestation.

Article 33 Whichever, in violation of the provisions of Article 22 of these Regulations, fell, transplant or damage ancient and famous trees by other acts without authorization shall be dealt with according to the provisions of the Municipal People’s Government concerning the protection and administration of ancient and famous trees.

Article 34 Whichever, in violation of these Regulations, commits any of the following acts, in addition to a fine imposed on the responsible unit and the directly responsible persons, shall be dealt with by the administrative department of city afforestation as follows:

1. whichever, in violation of the provisions of Article 23, fell trees without authorization shall be ordered to pay for the losses and to plant trees three to five times the number of trees felled;

2. whichever, in violation of the provisions of Article 25 and Article 26, changes the nature of the use of a greenbelt without authorization or temporarily occupies a city greenbelt without authorization shall be ordered to clear it out and restore it to its original state; and

3. whichever, in violation of the provisions of Article 27, fails to hand the land used for afforestation requisitioned as an agent over to the professional city greening agency within a prescribed time according to provisions, shall be ordered to hand it over within the prescribed time limit.

Article 35 Whichever violates the provisions of Article 28 of these Regulations shall be given a warning or be fined by the administrative department of city afforestation and greening according to the seriousness of the circumstances; where losses are caused, he shall be ordered to pay damages; whichever builds a house by using living trees as pillars or encircling trees with a wall shall be ordered to tear down the house and restore the original state of the trees.

Article 36 The imposition of a fine of less than 50 yuan shall be decided by the professional law enforcement team for afforestation; that of not less than 50 yuan but less than 5,000 yuan shall be decided by the administrative department of city afforestation at the district or county level; that of not less than 5,000 yuan but less than 50,000 yuan shall be reported to the district or county people’s government to make a decision by the administrative department of city afforestation at the district or county level; that of not less than50,000 yuan but less than 100,000 yuan shall be decided by the Municipal Public Parks Bureau; and that of not less than 100,000 yuan shall be reported to the Municipal People’s Government to make a decision by the Municipal Public Parks Bureau.

The Municipal People’s Government shall formulate the specific measures for the imposition of fines.

Article 37 Whichever, in violation of the Regulations of the People’s Republic of China on Administration of Public Security and Imposition of Punishment, intentionally destroys the city afforestation and afforesting facilities, or refuses or obstructs the administrative personnel for city afforestation from performing their official duties according to law, shall be dealt with by the public security organ; where the circumstances are serious so that a crime is constituted, criminal liability shall be investigated for by the judicial organ.

Article 38 The party who refuses to accept the decision on an administrative penalty may, within 15 days from the date of receiving the notice of the decision on penalty, apply for administrative reconsideration to the organ at the next higher level than the organ that made the decision on penalty, and the reconsideration organ shall, within two months from the date of receiving the application for reconsideration, make a reconsideration decision. The party who refuses to accept the administrative reconsideration decision may, within 15 days from the date of receiving the administrative reconsideration decision, file a suit with a people’s court. The party also may, within 3 months from the date of receiving the notice of decision on penalty, directly file a suit with a people’s court. Where a party neither applies for administrative reconsideration nor files a suit within the prescribed time limit, nor executes the decision, the administrative department of city afforestation may apply to a people’s court for compulsory execution according to law.

Article 39 Functionaries of the administrative departments of city afforestation at all levels shall be devoted to their duties and enforce the laws impartially. Those who abuse their powers, neglect their duties, engages in illegalities by seeking private benefits or by other fraudulent means shall be given administrative sanctions according to the seriousness of the circumstances and the results. Where a crime is constituted, criminal liability shall be investigated for according to law.

Chapter V Supplemental Provisions

Article 40 The Municipal Public Parks Bureau of Beijing shall be responsible for interpreting the problems occurring in the specific application of these Regulations.

Article 41 These Regulations shall be implemented as of July 1, 1990. The Interim Measures of Beijing Municipality on Administration of City Afforestation promulgated on April 28, 1982 shall be repealed at the same time.