Interim regulations of Shaanxi Province on prohibiting land reclamation and doing a good job in water and soil conservation during mining, road construction and other infrastructure construction

Chapter 1 General Provisions Article 1 In order to stop land reclamation and prevent water and soil erosion caused by mining, road construction and other infrastructure construction, according to the provisions of Article 32 of the "Regulations on Soil and Water Conservation Work" issued by the State Council , these regulations are specially formulated. Article 2 Soil and water conservation is a fundamental measure to prevent and control water and soil erosion in mountainous areas, hilly areas, loess plateau areas, and sandy areas, protect and rationally utilize water and soil resources, develop agricultural production, ensure urban traffic safety, improve the ecological environment, and manage rivers. It is a fundamental measure. Major events related to the national economy and people's livelihood. Article 3 People's governments at all levels must conscientiously implement the water and soil conservation work policy of "paying equal attention to prevention and control, combining governance with management, adapting measures to local conditions, comprehensive planning, comprehensive management, eliminating harm and promoting benefits", actively carry out comprehensive management, and accelerate the pace of management. Chapter 2 Prevention of Water and Soil Erosion Article 4 Deforestation, grass destruction and burning of wasteland are strictly prohibited in loess hilly and ravine areas, loess plateau gully areas, rocky mountainous areas and windy sand areas. All barren mountains, barren slopes, barren sand, barren beaches, and grasslands that are planned to be suitable for forestation and grazing can only be planted with forests and grass. Article 5 Steep slopes of more than 25 degrees, slopes that are damaged by collapses, landslides, slides, mudslides, and caves, as well as prohibited farming areas along the railway lines designated by the state and slopes that directly affect the safety of industrial, mining, and transportation facilities are strictly prohibited. Reclamation and cultivation of food and other cash crops. Article 6: Barren hills, slopes, sand, barren beaches and self-retained firewood hills that are contracted by individuals can only be used for afforestation and grass planting, and they are not allowed to open up wasteland for planting food and other cash crops. Article 7: Return cultivated land on steep slopes and cultivated land in prohibited farming areas as soon as possible. Existing cultivated land on steep slopes and other prohibited cultivated land must be based on county and township units and make specific plans in accordance with national plan requirements, and be returned to farmland within a time limit for afforestation and grass planting. Due to the large number of people and the limited land, it is indeed difficult to return farmland to farmland. The steep slopes planned as agricultural land must be built into terraces within a time limit.

For diaozhuang land in mountainous areas, the operator should be responsible for taking water and soil conservation and management measures according to local unified planning.

In mountainous areas where there is a habit of rotating farmland, the farmland should be changed to grass field rotation or grass field strip intercropping. The abandoned plots must be planted with grass. Article 8 In the production of forest products in mountainous areas, hilly areas, loess plateau areas, and windy sand areas, excessive mining shall not be carried out, and mountain forests, shrubs, and grass slopes shall not be destroyed to cause new water and soil erosion; afforestation in areas with water and soil erosion must be In conjunction with slope engineering, water and soil conservation measures must be taken for cultivating and weeding young forests and reclamation of economic trees such as camellia oleifera and tung trees on slopes. Article 9 No unit or individual may destroy state-owned or collectively-owned mountains and forests, and may not cut down or damage without authorization the areas on both sides of railways, highways, rivers and channels, around reservoirs, nature reserves, scenic spots, historic sites and important cultural relics protection areas. Trees, flowers and plants. Article 10 Any unit or individual that carries out infrastructure construction or exploits mineral resources in mountainous areas, hilly areas, loess plateau areas, or windy and sandy areas must do a good job in soil and water conservation. Mined earth and rock waste, slag, and tailings are not allowed to be dumped into rivers or reservoirs at will. If it has to be dumped due to construction conditions, it must be dumped in an area that does not affect the flow of floods, and measures must be taken to protect and block it; or to create land and comprehensively utilize it based on production needs; or to take plant measures and engineering measures for prevention and control , Do not allow floods to carry waste into rivers. When the project is completed, the construction unit shall be responsible for renovating and restoring vegetation or completing masonry protection work for exposed land or hillsides such as borrow pits and excavation surfaces.

If water and soil erosion has been caused, the original construction unit or production unit shall be responsible for repairing and updating the water and soil conservation facilities. Chapter 3 Management of Soil and Water Conservation Facilities Article 11 Any application to open up agricultural land on wasteland or waste sand suitable for agriculture must be submitted by the reclamator, and a plan of measures to prevent water and soil erosion must be drawn up and submitted to the competent department of water and soil conservation for review and approval. The water and soil conservation departments must strictly supervise the implementation of the plan and implement treatment within a time limit. Article 12: Effectively protect forests, grasslands and barren mountain vegetation. State-owned forest farms, township and town people's governments, and village committees must plan to close mountains, ditches, sand, afforestation, grass planting, and forest and grass cultivation. If the sealing effect is good and there are conditions for sealing and planting in rotation, nursery pruning and thinning can be carried out and sealing and planting in rotation can be implemented.

Article 13 When any unit or individual exploits mineral deposits or carries out capital construction in areas with water and soil erosion, they must include the water and soil conservation plan within the scope of the project within the entire project plan, and submit it to the competent department of water and soil conservation for approval in accordance with the prescribed procedures. Only then can construction or production begin. The approval authority for the plan of measures to prevent and control water and soil erosion for infrastructure projects is: if the scope of the infrastructure project is within a county, it shall be approved by the county soil and water conservation department; if it crosses a county but is within the territory of a region (city), the regional (city) water and soil conservation department shall approve it. Approval; if it crosses a region (city), it shall be approved by the provincial water and soil conservation department. The approved plan of measures to prevent and control water and soil erosion for infrastructure projects shall be supervised and implemented by the local and county water and soil conservation authorities. Article 14: Water and soil conservation facilities such as horizontal terraces, dams, floodplains, forest and grassland bases that have been built must be strictly managed and protected, and no unit or individual may encroach upon or destroy them. When requisition is necessary for national construction, the consent of the soil and water conservation department must be obtained. Article 15 Water and soil conservation management departments at all levels must regularly supervise and inspect the implementation of these regulations. If illegal acts that undermine water and soil conservation are discovered, they must be stopped and corrected immediately. Those who refuse to listen to dissuasion and cause serious consequences must be reported to the local people's government and superior authorities in a timely manner, and the perpetrators shall be held accountable.