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

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

To prune, relocate and cut down community greening trees, the community property must report to the urban greening administrative department (landscape department or other forestry department) in advance. Competent departments (the management systems in different regions will be slightly different) apply for unauthorized pruning, relocation and felling, causing damage or death of trees, in addition to certain financial penalties, they must also replant.

The state also has strict regulations on the approval of pruning, relocation and felling of urban greening trees. According to regulations, the gardening department usually makes decisions on site.

2. Attachment: Date of implementation of the "Urban Greening Regulations of the State Council": 1992/08/01

Chapter 1 General Provisions

Article 1: Purpose These regulations are formulated to promote the development of urban greening, improve the ecological environment, beautify the living environment, and enhance people's physical and mental health.

Article 2: These regulations apply to the planning, construction, protection and management of urban greening such as planting and maintaining trees, flowers and grass within urban planning areas.

Article 3: Urban people’s governments shall incorporate urban greening construction into national economic and social development plans.

Article 4: The state encourages and strengthens scientific research on urban greening, promotes advanced technologies, and improves the scientific, technological and artistic level of urban greening.

Article 5: Urban units and citizens with the ability to work shall perform tree planting or other greening obligations in accordance with relevant national regulations.

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

Article 7? The State Council establishes the National Greening Committee to uniformly organize and lead the national urban and rural greening work. Its office is located in the forestry administrative department of the State Council.

The urban construction administrative department of the State Council and the forestry administrative department of the State Council are responsible for urban greening work nationwide in accordance with the division of powers stipulated by the State Council.

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

The urban greening administrative department of the urban people's government shall be responsible for the urban greening work in the urban planning areas within its own administrative region.

In urban planning areas, relevant laws and regulations stipulate that greening work managed by forestry administrative departments, etc., shall be implemented in accordance with relevant laws and regulations.

Chapter 2: Planning and Construction

Article 8: The urban people's government shall organize the urban planning administrative department and the urban greening administrative department to jointly prepare urban greening plans , and incorporated into the city’s master plan.

Article 9: Urban greening planning shall proceed from reality and according to the needs of urban development, and reasonably arrange the urban greening land area that is commensurate with the urban population and urban area.

Planning indicators such as per capita public green space area and green coverage rate in a city are stipulated by the urban construction administrative department of the State Council based on the actual conditions such as the nature, scale and natural conditions of different cities.

Article 10: Urban greening planning should be based on local characteristics, make use of the original topography, landforms, water bodies, vegetation, historical and cultural sites and other natural and cultural conditions, and based on the principle of convenience for the masses, reasonably set up public parks. ***Green space, residential green space, protective green space, production green space and scenic woodland, etc.

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

When the design plan of ancillary greening projects for engineering construction projects is reviewed and approved in accordance with capital construction procedures, the urban greening administrative department of the urban people's government must participate in the review.

The design plans for greening projects such as public green spaces, residential green spaces, scenic woodlands and trunk road green belts in cities must be reported to the urban greening administrative department of the city people's government or its superior administrative department in accordance with regulations. Approval.

The construction unit must carry out construction in accordance with the approved design plan. If the design plan really needs to be changed, it must be approved by the original approving authority.

Article 12: The design of urban greening projects should draw on advanced domestic and foreign experience and reflect national style and local characteristics. The construction of urban public green spaces and green spaces in residential areas should be based on plant landscaping, selecting trees and flowers that are suitable for local natural conditions, and appropriately arranging springs, stones, sculptures and other scenery.

Article 13: Urban greening planning should plan different types of protective green spaces according to local conditions. All relevant units shall be responsible for the greening construction of protective green spaces within their own jurisdiction in accordance with relevant national regulations.

Article 14: The unit shall be responsible for the greening planning and construction of the green space attached to the unit. The urban greening administrative department of the urban people's government shall supervise and inspect and provide technical guidance.

Article 15: The construction of urban nurseries, grasslands, flowerbeds and other productive green spaces shall meet the needs of urban greening construction.

Article 16: The construction of urban greening projects shall be entrusted to units holding corresponding qualification certificates. After the greening project is completed, it must be inspected and accepted by the urban greening administrative department of the city people's government or the department in charge of the project before it can be delivered for use.

Article 17: If greening is required for urban new construction, expansion, reconstruction projects and residential area development projects, the capital construction investment shall include supporting greening construction investment, and the construction of greening projects shall be arranged uniformly. Complete greening tasks within the specified time limit.

Chapter 3: Protection and Management

Article 18: The greening of urban public green spaces, scenic woodlands, protective green spaces, street trees and trunk road green belts shall be supervised by the city. It is managed by the urban greening administrative department of the people's government; the greening of protective green spaces within the jurisdiction of each unit is managed by the unit in accordance with relevant national regulations; the greening of the parks built by the unit and the green spaces affiliated with the unit is managed by the unit; the greening of green spaces in residential areas is managed by the unit. Greening is managed by units determined by the urban greening administrative department of the city people's government based on actual conditions; urban nurseries, grass gardens, flower beds, etc., are managed by their operating units.

Article 19: No unit or individual may change the nature of urban greening planned land without authorization or destroy the topography, landforms, water bodies and vegetation of planned greening land.

Article 20: No unit or individual may occupy urban greening land without authorization; the occupied urban greening land must be returned within a time limit.

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

Article 21: No unit or individual may damage urban trees, flowers, grass and greening facilities.

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

Article 22: To open commercial or service stalls in a city’s public green space, an application must be submitted to the public green space management unit and approved by the urban greening administrative department of the city people’s government. Or with the consent of its authorized unit, hold a business license approved by the industrial and commercial administrative department, engage in business activities at the location designated by the public green space management unit, and abide by the regulations of public green space and industrial and commercial administration.

Article 23: Urban green space management units shall establish and improve management systems to keep trees and flowers lush and greening facilities intact.

Article 24: When trees need to be pruned to ensure the safe use of pipelines, they must be approved by the urban greening administrative department of the city people's government and pruned in accordance with the principle of taking into account the safe use of pipelines and the normal growth of trees. The method of bearing pruning costs shall be stipulated by the urban people's government.

When trees tilt due to force majeure and endanger the safety of pipelines, the pipeline management unit may prune, straighten or cut down the trees first, but must promptly report to the urban greening administrative department of the city people's government and the green space management unit.

Article 25: Trees that are more than a hundred years old, rare and valuable trees, and trees with historical value or important commemorative significance are all ancient and valuable trees.

Unified management and separate maintenance of ancient and famous trees in the city. The urban greening administrative department of the urban people's government shall establish files and signs of ancient and famous trees, delineate the scope of protection, and strengthen maintenance and management. The unit or residents are responsible for the maintenance of ancient and valuable trees within the boundaries of units or private courtyards, and the urban greening administrative department of the urban people's government is responsible for supervision and technical guidance.

It is strictly prohibited to cut down or relocate ancient and valuable trees. Relocation of ancient and valuable trees due to special needs must be reviewed and approved by the urban greening administrative department of the urban people's government and reported to the people's government at the same level or above for approval.

Chapter 4 Penalty Rules

Article 26: The design plan of ancillary greening projects for engineering construction projects or the city’s public green spaces, residential area green spaces, and scenery If the design plans of greening projects such as forest lands and trunk road green belts are not approved or are not constructed in accordance with the approved design plans, the urban greening administrative department of the city people's government shall order the construction to stop, make corrections within a time limit, or take other remedial measures.

Article 27: Anyone who violates the provisions of these regulations and commits any of the following acts shall be ordered by the urban greening administrative department of the city people's government or its authorized unit to stop the infringement and may also be fined; causing losses If a crime is constituted, criminal liability shall be investigated in accordance with the law:

( 1) Damaging urban trees and flowers;

(2) Pruning or felling urban trees without authorization;

(3) Cutting down or relocating ancient and valuable trees without authorization, or causing damage to ancient trees due to poor maintenance. Famous trees are damaged or die;

(4) Urban greening facilities are damaged.

Article 28: Anyone who occupies urban greening land without consent shall be ordered by the urban greening administrative department of the city people's government to return it within a time limit and restore it to its original state, and may also impose a fine; if any losses are caused, he shall be held responsible. Liability.

Article 29: Anyone who opens a commercial or service stall in an urban public green space without permission shall be ordered to move out within a time limit by the urban greening administrative department of the urban people's government or its authorized unit. or dismantling, a fine may be imposed; if losses are caused, the person shall be liable for compensation.

For commercial and service stalls that disobey the management of public green space management units, the urban greening administrative department of the city people's government or its authorized unit will give a warning and may also impose a fine; in serious cases, The urban greening administrative department of the city people's government shall cancel the approval document for the site establishment application and may request the industrial and commercial administrative department to revoke the business license.

Article 30: The person directly responsible or the person in charge of the unit who violates these Regulations may be given administrative sanctions by his or her unit or the superior authority; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Article 31: If any staff member of the urban greening administrative department of the urban people's government or the urban green space management unit neglects his or her duties, abuses his power, or engages in malpractice for personal gain, he or she shall be subject to administrative sanctions by the unit where he or she belongs or the superior authority. ; If it constitutes a crime, criminal responsibility shall be pursued in accordance with the law.

Article 32: If the party concerned is dissatisfied with the administrative penalty, he may, within fifteen days from the date of receiving the notification of the penalty decision, apply for reconsideration to the authority above the authority that made the penalty decision; If you are dissatisfied, you may bring a lawsuit to the People's Court within 15 days from the date of receipt of the reconsideration decision. The parties may also file a lawsuit directly with the People's Court. If the person fails to apply for reconsideration within the time limit or fails to file a lawsuit with the People's Court and fails to implement the penalty decision, the authority that made the penalty decision shall apply to the People's Court for compulsory execution.

If you are dissatisfied with the public security management penalties, the provisions of the "Regulations on Public Security Management Penalties of the People's Republic of China" will be followed.

Chapter 5 Appendix Provisions

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 effect on August 1, 1992.