Document issued by the Standing Committee of the Beijing Municipal People's Congress in 1998
《BeijingThe Regulations on the Protection and Management of Ancient and Famous Trees is a local regulation. It is a regulation formulated by Beijing in accordance with the actual situation in order to strengthen the protection and management of ancient and famous trees and maintain the style and features of the ancient capital. There are 27 articles in total. It was adopted at the third meeting of the Standing Committee of the Eleventh People's Congress of Beijing on June 5, 1998 and came into force on August 1, 1998.
Chinese name
Regulations of Beijing Municipality on the Protection and Administration of Ancient and Famous Trees
(Adopted at the third meeting of the Standing Committee of the Eleventh People's Congress of Beijing on June 5, 1998, and amended in accordance with the Decision on Amending Eleven Local Laws and Regulations including the Regulations of Beijing Municipality on the Protection and Administration of Rivers and Lakes and the Regulations of Beijing Municipality on the Promotion of Agricultural Mechanization, adopted at the 14th meeting of the Standing Committee of the Fifteenth People's Congress of Beijing on July 26, 2019)
Article 1 In order to strengthen the protection and management of ancient and famous trees and maintain the style and features of the ancient capital, these Regulations are formulated according to the actual situation of this Municipality.
Article 2 The term "ancient trees" as mentioned in these Regulations refers to trees over one hundred years old.All trees over 300 years old are first-class ancient trees;The rest are secondary ancient trees.
The term "famous trees" as mentioned in these Regulations refers to precious and rare trees and trees with historical value, scientific value and memorial significance.
The ancient and famous trees in this city shall be confirmed and announced by the municipal landscaping department.
Article 3 The municipal and district landscaping departments shall be responsible for the protection and management of ancient and famous trees within their respective administrative areas.
Article 4 This Municipality encourages units and individuals to fund the management and protection of ancient and famous trees.
Article 5 The landscaping department shall commend and reward the units or individuals that have made outstanding achievements in the management and protection of ancient and famous trees.
Article 6 All units and individuals have the obligation to protect ancient and famous trees and their ancillary facilities.He has the right to dissuade, report and accuse any act that damages or destroys ancient or famous trees.
Article 7 The landscaping department shall strengthen scientific research on the protection of ancient and famous trees, popularize and apply the results of scientific research, popularize protection knowledge and improve the level of protection and management.
Article 8 The landscaping department shall investigate and register the ancient and famous trees within its administrative area, identify and classify them, establish archives, set up signs, formulate protective measures and determine the persons responsible for their management and protection.
The landscaping department shall standardize the management of the signs of ancient and famous trees, strengthen the publicity of the historical, scientific, cultural and other values of ancient and famous trees, and raise the public's awareness of participating in the protection.
The landscaping department shall regularly inspect the growth, management and protection of ancient and famous trees;Put forward rescue measures for endangered ancient and famous trees and supervise their implementation.
Article 9 The responsibility for the management and protection of state owned and collective owned ancient and famous trees shall be borne in accordance with the following provisions:
（1） Ancient and famous trees growing in the land used by government organs, organizations, troops, enterprises, institutions or parks, scenic spots, temples and monasteries shall be under the management and protection of the units to which they belong;
（2） Ancient and famous trees growing within the scope of land management for railways, highways, reservoirs and rivers shall be managed and protected by railway, highway and other units and water affairs departments respectively;
（3） Ancient and famous trees growing on urban roads, streets, lanes and green spaces shall be managed and protected by the garden management unit;
（4） Ancient and famous trees growing in residential quarters or urban residential compounds shall be managed and protected by special personnel designated by the property management department or the sub district office;
（5） Ancient and famous trees growing on collectively owned land in rural areas shall be managed and protected by the village economic cooperatives or by special personnel designated by the township people's governments.
The ancient and famous trees owned by individuals shall be managed and protected by individuals.
The unit or individual responsible for changing the management and protection of ancient and famous trees shall go through the transfer procedures of management and protection responsibilities at the landscaping department.
Article 10 The expenses for the management and protection of ancient and famous trees shall be borne by the responsible unit or individual;If it is really difficult for the unit or individual responsible for management and protection to bear the expenses for rescue and rehabilitation, the landscaping department shall give subsidies.
Article 11 The units or individuals responsible for the management and protection of ancient and famous trees shall maintain and manage them in accordance with the technical specifications to ensure the normal growth of ancient and famous trees.
If ancient and famous trees are damaged or grow weak, the unit or individual responsible for management and protection shall report to the landscaping department in a timely manner, and carry out treatment and rejuvenation according to the requirements of the landscaping department.
The death of ancient and famous trees shall be reported to the municipal landscaping department for confirmation, and the cause and responsibility shall be found out before handling.
Article 12 The following acts damaging ancient and famous trees are prohibited:
（1） Cutting nails and winding ropes on trees, climbing branches and peeling bark;
（2） Borrow tree trunk as support;
（3） Picking fruits without authorization;
（4） Dig pits for soil, use open fires, discharge smoke, dump sewage and sewage, stack materials that endanger tree growth, and build buildings or structures within the scope designated by the landscaping department according to relevant technical standards;
（5） Unauthorized transplantation;
（6） Logging;
（7） Other acts of damage.
Article 13 For production and living facilities that affect or endanger the growth of ancient and famous trees, the landscaping department shall order the relevant units or individuals to take measures within a time limit to eliminate the impact and harm.
Article 14 In formulating detailed plans for urban and rural construction, a certain construction control zone shall be set aside around ancient trees to protect the growth environment and features of ancient trees.
Article 15 Where a construction project involves ancient and famous trees, measures to avoid and protect them shall be taken in the planning, design, construction and installation.Avoidance protection measures shall be reported by the construction unit to the landscaping department for approval, and construction shall not be allowed without approval.
If it is really necessary to relocate ancient and famous trees due to special circumstances, it shall be examined and verified by the municipal landscaping department, and submitted to the municipal people's government for approval. After obtaining the transplant license, the construction shall be organized in accordance with the relevant provisions on the transplantation of ancient and famous trees.The cost of transplantation shall be borne by the construction unit.
Article 16 Where the protection measures for ancient and famous trees are related to the protection measures for other cultural relics protection units, the landscaping department and the cultural relics administrative department shall jointly formulate the protection measures.
Article 17 Whoever, in violation of the provisions of Article 8 of these Regulations, damages the signs of ancient and famous trees and other ancillary facilities shall be ordered by the comprehensive law enforcement department of urban administration to restore the original appearance, compensate for the losses, and may be fined not more than one time the amount of the losses.
Article 18 Those who violate the provisions of the first and second paragraphs of Article 11 of these Regulations and do not maintain and manage according to technical specifications or do not manage and rejuvenate according to requirements shall be ordered to make corrections by the comprehensive law enforcement department of urban administration;If damage is caused to ancient and famous trees, a fine of 500 to 2000 yuan can be imposed on each tree;If death is caused, a fine of 10000 to 50000 yuan may be imposed on each plant.
Those who violate the provisions of the third paragraph of Article 11 of these Regulations by disposing of dead ancient and famous trees without confirmation shall be fined 2000 yuan to 10000 yuan per tree by the comprehensive law enforcement department of urban management.
Article 19 Whoever, in violation of the provisions of Item (1), Item (2), Item (3) and Item (4) of Article 12 of these Regulations, damages ancient and famous trees shall be ordered to make corrections and fined by the department of comprehensive law enforcement of urban administration:
（1） If the damage to ancient and famous trees is relatively minor, a fine of 200 to 1000 yuan shall be imposed on each tree;
（2） If a branch or root is damaged, a fine of one to two times the amount of loss shall be imposed;
（3） If death is caused, a fine of two to three times the amount of loss shall be imposed.
Article 20 Whoever, in violation of the provisions of Item (6) of Article 12 of these Regulations, fells ancient and famous trees shall be fined three to five times the amount of losses by the comprehensive law enforcement department of urban administration.
Article 21 Where, in violation of the provisions of the first paragraph of Article 15 of these Regulations, no measures for avoidance and protection are taken, the measures for avoidance and protection are not approved or the construction is not carried out in accordance with the approved measures for avoidance and protection, the comprehensive law enforcement department of urban administration has the right to order the construction to stop.Those who cause damage to ancient and famous trees shall be dealt with in accordance with the relevant provisions of these Regulations.
Article 22 Whoever, in violation of the provisions of Item (5) of Article 12 and Paragraph 2 of Article 15 of these Regulations, transplants ancient and famous trees without authorization shall be fined one to two times the amount of losses by the department of comprehensive law enforcement of urban administration;If death is caused, a fine of two to three times the amount of loss shall be imposed.The protection area of original ancient and famous trees shall not be used as construction land without authorization.
Article 23 Anyone who violates the provisions of these Regulations and damages ancient and famous trees shall compensate the owner for the losses.
The measures for the appraisal of the loss of ancient and famous trees shall be formulated by the municipal department of city administration and comprehensive law enforcement.
Article 24 Whoever fells or destroys ancient and famous trees, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 25 If the staff of the comprehensive law enforcement departments of landscaping, urban administration and other relevant departments abuse their power, neglect their duties, and engage in malpractices for personal gain in the protection and management of ancient and famous trees, they shall be given administrative sanctions by their work units or higher authorities;If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Article 26 These Regulations shall come into force as of August 1, 1998.The Interim Measures of Beijing Municipality on the Protection and Administration of Ancient and Famous Trees promulgated by the Municipal People's Government on May 14, 1986 shall be repealed at the same time.[1]
Revised decision
Announce
edit
7、 Regulations of Beijing Municipality on the Protection and Administration of Ancient and Famous Trees
（1） The third paragraph of Article 2 is revised as: "The ancient and famous trees in this city shall be confirmed and announced by the municipal landscaping department."
（2） Article 3 is revised to read: "The municipal and district landscaping departments shall be responsible for the protection and management of ancient and famous trees within their respective administrative areas in accordance with the responsibilities prescribed by the people's governments."
（3） One paragraph is added to Article 8 as the second paragraph, which is expressed as: "The landscaping department shall standardize the management of ancient and famous tree signs, strengthen the publicity of historical, scientific, cultural and other values of ancient and famous trees, and improve the public's awareness of participation in protection."
（4） The second item of the first paragraph of Article 9 is revised to read: "Ancient and famous trees growing within the scope of land management for railways, highways, reservoirs and river courses shall be managed and protected by railway, highway and other units and water affairs departments respectively;"
（5） Item 1 of Article 12 is revised to read: "Cut nails, wind ropes, climb trees, break branches and peel bark;"
At the same time, the fourth item is revised as "digging pits for earth, using open fires, discharging smoke, dumping sewage and sewage, stacking materials that endanger the growth of trees, building buildings or structures within the range of five meters from the vertical projection of the crown;"
（6） Article 25 is revised to read: "If the staff of the comprehensive law enforcement departments of landscaping, urban management and other relevant departments abuse their power, neglect their duties, and engage in malpractices for personal gain in the protection and management of ancient and famous trees, the unit to which they belong or the competent authority at a higher level shall give them administrative sanctions; if the circumstances are serious enough to constitute a crime, they shall be investigated for criminal responsibility according to law."
（7） Article 26 is deleted.
（8） The words "administrative departments for ancient and famous trees" in Articles 5, 7, paragraph 2 of Article 8, paragraph 3 of Article 9, 13, 15 and 16 are revised to "landscaping departments".
（9） In Articles 17 to 22, the words "administrative departments in charge of ancient and famous trees" are revised to "comprehensive law enforcement departments for urban management".[2]
