Regulations of Zhumadian Municipality on Mountain Protection

Chapter I General Provisions Article 1 In order to strengthen mountain protection, improve forest coverage, purify drinking water sources, repair damaged mountains, promote the construction of ecological civilization, and promote sustainable economic and social development, these Regulations are formulated in accordance with the Environmental Protection Law of People's Republic of China (PRC), the Mineral Resources Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to the protection, management, scientific utilization, restoration and management of natural mountains with a relative height of more than 20 meters within the administrative area of this Municipality. Article 3 Mountain protection adheres to the principles of overall planning, ecological priority, classified protection, rational utilization, scientific restoration and responsibility for damage. Article 4 The Municipal People's Government shall exercise unified leadership over the mountain protection work within its administrative area.

The municipal and relevant county people's governments shall incorporate mountain protection into the national economic and social development plan, establish an assessment mechanism for mountain ecological environment protection, and implement responsibilities and funds.

Township people's governments, sub-district offices and scenic area management committees within the scope of mountain protection shall perform their duties of territorial management of mountain protection, establish inspection systems, and conduct regular inspections of mountains and related protection facilities.

The village (neighborhood) committees within the range of mountain protection shall assist the township people's governments, sub-district offices and scenic area management committees to carry out mountain protection work, and report to the relevant departments in time when problems are found. The competent departments of natural resources and planning of the people's governments of the fifth cities and counties shall be responsible for the supervision and management of mountain protection within their respective administrative areas.

The competent department of ecological environment of the Municipal People's Government and the relevant departments of forestry, development and reform, culture, radio and television, tourism, ethnic religion, housing and urban and rural construction, urban management, transportation, public security, civil affairs, finance, water conservancy, agriculture and rural areas of the municipal and county people's governments shall, according to their respective functions and duties, do a good job in the related work of mountain protection within their respective administrative areas. Sixth mountain protection to implement the chief executive responsibility system and the ecological environment damage accountability system.

The people's governments of cities and relevant districts and counties shall establish the working mechanism of the joint meeting of mountain protection, study major issues of mountain protection, coordinate and solve law enforcement disputes among various departments, and organize joint law enforcement activities on a regular basis. Article 7 The competent department of natural resources and planning of the Municipal People's Government shall establish an information platform for mountain protection, and share mountain protection information with relevant county and district people's governments and relevant departments responsible for mountain protection and management. Eighth mountain ownership units, management units, contractors and users and other relevant rights subjects shall fulfill their obligations to protect the mountain and accept the supervision and management of the local people's government and relevant departments. Ninth people's governments at all levels and relevant departments should carry out publicity and education on mountain protection to enhance public awareness of mountain protection.

The news media should strengthen public welfare propaganda and public opinion supervision on mountain protection. Tenth any unit or individual has the right to stop and report the destruction of the mountain according to law, and the relevant departments that receive the report shall handle it in accordance with the relevant provisions.

Units and individuals that have made remarkable achievements in mountain protection shall be rewarded by the municipal and relevant county and district people's governments. Chapter II Planning Management Article 11 The competent department of natural resources and planning of the Municipal People's Government shall, according to the national spatial planning, urban and rural planning and the overall land use planning, formulate a mountain protection plan and report it to the Municipal People's Government for approval and promulgation.

Mountain protection planning should meet the requirements of national and provincial main functional area planning and ecological protection red line, and be connected with environmental protection, forest resources protection, drinking water source protection, cultural relics protection, tourism, soil and water conservation and mineral resources planning.

Mountain protection planning shall be completed within six months after the implementation of these regulations. Twelfth mountain protection planning should include protection list, protection scope, statutory plans, protection measures, restoration management and other related matters. Thirteenth no unit or individual may arbitrarily change the mountain protection plan approved according to law.

Because of the national, provincial and municipal major mining or construction projects, it is really necessary to occupy the mountain within the scope of the key protection list, and the mountain protection plan should be adjusted first. The adjusted mountain protection plan shall be submitted for approval in accordance with the original examination and approval procedures. Article 14 The competent department of natural resources and planning of the Municipal People's Government shall, jointly with relevant departments, conduct a general survey and registration of mountain resources within the administrative area of this Municipality, establish a list of mountain protection, and make it public.

Mountain protection list is divided into key protection list and general protection list. For the mountain in the protection list, the protection control line shall be delineated and the protection scope shall be determined. Fifteenth meet one of the following conditions of the mountain, should be included in the list of key protection:

(a) located in tourist attractions, scenic spots, nature reserves, drinking water source protection areas;

(two) the location of state-owned forest farms, forest parks, first-class protected forest land and national first-class public welfare forest land;

(3) areas with serious soil erosion and fragile ecology, such as dangerous areas of landslides and debris flows;

(four) the location of cultural relics protection units, immovable cultural relics, geological parks, geological relics and historical and cultural heritage protection areas;

(five) located within 500 meters on both sides of expressways, national highways and railways;

(six) located in the urban planning area.

The mountains beyond the scope specified in the preceding paragraph are included in the general protection list.