(No.62)
The Decision of the Standing Committee of Weihai Municipal People's Congress on Amending the Regulations on the Protection of Urban Scenery in Weihai and other five local regulations was adopted at the 21st meeting of the Standing Committee of the 17th Weihai Municipal People's Congress on February 27th, 20 19, and at the 16th meeting of the Standing Committee of the 13th Shandong Provincial People's Congress on October 5th, 2020.
Weihai Municipal People's Congress Standing Committee
65438+1October 65438+July 2020
Standing Committee of Weihai Municipal People's Congress
Decision on Amending Five Local Regulations, such as the Regulations on the Protection of Urban Scenery in Weihai City
20 19 Adopted at the 21st meeting of the Standing Committee of the 17th Weihai Municipal People's Congress on February 27th.
Approved by the 16th meeting of the Standing Committee of the 13th Shandong Provincial People's Congress on June 5th, 2020+10/October 5th)
The twenty-first meeting of the Standing Committee of the seventeenth Weihai Municipal People's Congress has decided:
Amend the Regulations on the Protection of Urban Gardens in Weihai.
(1) Paragraph 2 of Article 6 is amended as: "Natural resources, urban and rural planning, ecological environment, urban management, water affairs, ocean, culture, tourism, forestry and other departments. Relevant work on urban landscape protection should be carried out in accordance with their respective responsibilities. "
(two) the "excellent historical buildings" in the second paragraph of article twelfth is amended as "historical buildings".
(3) Paragraph 3 of Article 19 is amended as: "The planning of urban landscape protection shall be based on the national spatial planning, the development conditions of different regions, the nature of land use and the zoning relationship, scientifically plan the urban layout, maintain the unique regional environment, cultural characteristics and architectural style of the city, shape the overall image of the city, and link it with the detailed planning."
(4) Article 22 is amended as: "The competent department of urban and rural planning shall, jointly with the relevant departments, organize the preparation of detailed plans to clarify the scope of protection, the scope of construction control, the elements of style protection and the implementation plan of protection." .
"After the detailed planning is approved by the municipal or county-level municipal people's government, it shall be reported to the Standing Committee of the people's congress at the corresponding level for the record."
(5) Paragraph 5 of Article 23 is amended as: "The designated urban green line, blue line and purple line are the scope of urban landscape protection in the corresponding areas, and the competent department of urban and rural planning shall, jointly with relevant departments, formulate detailed plans and stipulate protection requirements and control indicators".
(six) by deleting "the retention rate of urban natural coastline shall not be less than 60%" in Article 27.
(seven) by deleting the fourth item of the first paragraph of article twenty-eighth.
(8) Item 2 of Article 29 is amended as: "(2) Engaged in activities such as building new ports and docks."
(9) Item 3 of Article 38 is amended as: "(3) burying or occupying waters without authorization."
(ten) by deleting fiftieth.
(eleven) fifty-third to fifty-second, in which the "administrative punishment" is amended as "punishment".
(twelve) fifty-fourth, fifty-fifth to fifty-third, fifty-fourth, delete the "marine and fishery department", and change the "land and resources department" to "natural resources and other departments".
(13) Article 56 is renumbered as Article 55 and amended as: "Whoever, in violation of the provisions of these Regulations, engages in activities such as building new ports and wharves in the areas specified in Article 29 without authorization, shall be ordered by the marine administrative department to make corrections within a time limit, restore the original state, confiscate the illegal income, and impose a fine of 20 times of the sea area use fee payable during the illegal occupation of the sea area."
(14) Delete Article 59.
(fifteen) sixty-first to fifty-ninth, in which the "water administrative department" is amended as "water administrative department".
(sixteen) sixty-second to sixtieth, and delete the first item.
Amend the Regulations of Weihai Municipality on the Protection of Residents' Old-age Services.
(1) Paragraph 2 of Article 5 is amended as: "The relevant departments of development and reform, education, finance, human resources and social security, natural resources, urban and rural planning, urban and rural housing construction, culture and tourism, health, market supervision and management, sports, etc. shall, according to their respective responsibilities, do a good job in providing services for the elderly."
(two) eighth, fifty-seventh in the "health and family planning" to "health".
(3) Amend the first paragraph of Article 11 to read: "The municipal, district (county-level city) people's governments shall incorporate the land for the construction of old-age service facilities into the national spatial planning and the annual land use plan."
(4) Paragraph 2 of Article 14 is amended as: "Urban and rural planning and housing and urban-rural construction departments shall specify the requirements of the preceding paragraph in their opinions on planning conditions and construction conditions respectively, and natural resources departments shall specify them in the land transfer contract."
(5) Paragraph 1 of Article 31 is amended as: "The establishment of an old-age care institution shall meet the relevant conditions stipulated by the state, and go through the relevant procedures such as registration and filing according to law."
(six) the "Municipal Administration for Industry and Commerce" in the second paragraph of article thirty-ninth is amended as "Municipal Market Supervision and Management Department".
(7) Article 44 is amended as: "If an old-age care institution needs to suspend or terminate its service, it shall submit a resettlement plan for the elderly to the civil affairs department for the record 60 days before the suspension or termination of its service. The resettlement plan shall specify the number of elderly people, the resettlement plan and the implementation date. "
(eight) the first paragraph of article fifty-eighth is amended as: "the relevant units and individuals have one of the following acts, and the civil affairs departments of the people's governments at or above the county level shall order them to make corrections; If the circumstances are serious, a fine of not more than 30,000 yuan may be imposed:
"(a) occupation and misappropriation of old-age service facilities and land;
(two) to conceal the relevant information from the civil affairs department responsible for supervision and inspection, provide false materials or refuse to provide true materials reflecting their activities.
(nine) by deleting sixtieth.
(10) Change Article 63 into Article 62, and the first item is amended as: "(1) Failing to go through the relevant procedures such as registration and filing of the establishment of an old-age care institution according to law".
Amend the Regulations of Weihai Municipality on Water Conservation.
(1) Paragraph 2 of Article 4 is amended as: "Development and reform, education, science and technology, industry and information technology, finance, natural resources, housing and urban and rural construction, agriculture and rural areas, health and hygiene, market supervision and management and other departments. We should work together to save water according to our respective responsibilities. "
(two) by deleting eighteenth.
(3) Article 22 is renumbered as Article 21 and amended as: "When building, rebuilding or expanding construction projects, water-saving measures shall be formulated and water-saving facilities shall be built. Water-saving facilities should be designed, constructed and put into use simultaneously with the main project. "
(four) thirty-eighth to thirty-seventh, and the "administrative department of land and resources" in the second paragraph is amended as "the competent department of natural resources".
(5) Change Article 44 to Article 43, in which "agriculture" is changed to "agriculture and rural areas" and "water conservancy" is changed to "water affairs".
(six) forty-fifth to forty-fourth, in which "agriculture" is amended as "agriculture and rural areas".
(seven) forty-sixth to forty-fifth, in which "the competent department of economy and information technology" is amended as "the competent department of industry and information technology".
(eight) forty-seventh to forty-sixth, in which the "quality and technical supervision department" is amended as "market supervision and management department".
(nine) forty-eighth to forty-seventh, in which the "administrative department for industry and commerce" is amended as "market supervision and management department".
(ten) fifty-first to fiftieth, in which the "administrative punishment" was changed to "punishment".
(eleven) by deleting article fifty-fourth.
(twelve) fifty-fifth to fifty-third, in which the "competent department of economy and information technology" is amended as "competent department of industry and information technology".
(thirteen) fifty-seventh to fifty-fifth, in which "the competent department of housing and urban construction or other relevant departments" is amended as "the competent department of urban water conservation".
(fourteen) fifty-ninth to fifty-seventh, in which the "administrative department of land and resources" is amended as "the competent department of natural resources".
Amend the Regulations of Weihai Municipality on the Protection of Drinking Water Sources.
(1) Article 6 is amended as: "The municipal, district (county-level city) ecological environment administrative department is responsible for the unified supervision and management of the compilation of water function zoning and the prevention and control of drinking water source pollution in this administrative region.
"City, district (county-level city) water administrative department is responsible for the construction and management of drinking water source projects.
"City, district (county-level city) administrative departments of agriculture and rural areas shall be responsible for the guidance and services for the comprehensive utilization of drinking water sources and livestock and poultry breeding wastes within their respective administrative areas.
"City, district (county-level city) administrative departments of natural resources shall be responsible for the examination and approval of land use and mineral resources exploitation for construction projects of drinking water source protection areas within their respective administrative areas, as well as the supervision and management of land use.
"City, district (county-level city) forestry administrative department is responsible for the planning and construction management of water conservation forest and revetment forest in drinking water source areas and the formulation of the policy of returning farmland to forests.
"Development and reform, public security, finance, housing and urban construction, urban management, health and other departments at all levels should do a good job in the protection of drinking water sources according to their respective responsibilities."
(2) Item 5 of Article 14 is amended as: "(5) Use explosives, drugs and chemicals to fry fish".
Item 9 of Article 14 is amended as: "(9) Destruction of wetlands, destruction of water conservation forests, bank protection forests and other vegetation related to water source protection".
(4) Item 3 of Paragraph 1 of Article 15 is amended as: "(3) Building and expanding livestock and poultry farms, breeding communities and specialized households."
Three items are added as items 4, 5 and 6: "(4) Construction of facilities and places for centralized storage and disposal of industrial solid waste or landfill of domestic garbage;
"(five) the establishment of loading and unloading places for garbage, feces, oil and toxic substances;
(6) Reclaiming rivers and beaches, or quarrying, sand mining, earth borrowing and sand mining in rivers and reservoirs.
(5) One item is added to Article 16 as the second item: "(2) Setting up docks unrelated to water supply needs".
(six) the "administrative department of agriculture" in the first paragraph of article twenty-second and article thirty-seventh is amended as "administrative department of agriculture and rural areas".
(seven) the "environmental protection" in Article 28, Article 29, Article 30, Article 31, Article 35, Article 38 and Article 40 is amended as "ecological environment".
(eight) the "administrative punishment" in article thirty-third is amended as "punishment".
(9) Article 34 is amended as: "Whoever, in violation of the provisions of the second paragraph of Article 13 of these Regulations, intentionally changes or moves geographical landmarks, warning signs and isolation and protection facilities without authorization shall be ordered by the public security organ to make corrections within a time limit and be fined not less than 1,000 yuan but not more than 10,000 yuan."
(10) Article 36 is amended as: "Whoever, in violation of the provisions of Articles 14, 15 and 16 of these regulations, discards agricultural means of production products such as pesticide packages and reflective films or cleans pesticide application devices in quasi-protected areas and protected areas of drinking water sources shall be ordered by the administrative department of agriculture and rural areas to make corrections within a time limit. Discarded objects are agricultural product production enterprises, farmers' professional cooperatives engaged in agricultural product production and other units, and a fine of more than 50,000 yuan100,000 yuan is imposed. If the deserter is an individual, a fine will be imposed. If a crime is constituted, criminal responsibility shall be investigated according to law. "
(11) Amend Article 39 to read: "Anyone who, in violation of the provisions of Articles 15 and 16 of these regulations, builds or expands specialized livestock and poultry breeding households in drinking water source protection areas shall be ordered to dismantle or close within a time limit by the competent administrative department of ecology and environment after being approved by the people's government with the right of approval, and shall be fined not less than 20,000 yuan but not more than 100,000 yuan."
Amend the Regulations of Weihai Municipality on Coastal Zone Protection.
(1) Article 6 is amended as: "The municipal, district (county-level city) people's governments shall strengthen unified leadership over the protection, utilization and management of coastal zones, establish and improve the mechanism of deliberation and coordination, integrate management forces, and form a joint force of supervision.
"The administrative department of natural resources is responsible for the supervision and management of the protection of natural resources in the coastal zone on the land side of the coastline.
"The competent administrative department of urban and rural planning is responsible for the construction planning, supervision and management of the coastal zone within the scope of urban and rural planning and construction land.
"The competent administrative department of ecological environment is responsible for marine environmental protection, standardizing the setting of sewage outlets into the sea, and preventing pollutants from polluting the coastal zone.
"The maritime administrative department is responsible for the supervision and management of coastal protection on the seaward side of the coastline.
"The administrative department of forestry is responsible for the construction, protection and management of the coastal shelter forest system, and organizes, guides and supervises the wetland protection within the coastal zone.
"Development and reform, housing and urban construction, urban management, transportation, water affairs, culture and tourism, maritime affairs and other departments shall, in accordance with their respective responsibilities, do a good job in coastal zone protection."
(two) by deleting the second paragraph of article seventh.
(3) Paragraph 1 of Article 10 is amended as: "The municipal administrative department of urban and rural planning shall, jointly with the departments of development and reform, ecological environment, housing and urban and rural construction, transportation, water affairs, ocean, forestry and maritime affairs, and the people's governments of districts (county-level cities), organize the preparation of a unified special plan for coastal zone protection in the whole city, and determine the scope of coastal zone protection, classified protection system and control requirements."
(4) Article 11 is amended as: "The compilation of special planning for coastal zone protection shall follow the red line of ecological protection, conform to the national spatial planning, and be connected with special planning such as environmental protection planning, tourism planning and port planning."
(5) Paragraph 1 of Article 19 is amended as: "Except for the needs of national defense security, it is forbidden to build, rebuild or expand development and construction projects unrelated to protection in strictly protected areas, and industrial production, mineral resources development and commercial housing construction are prohibited in restricted development zones."
Paragraph 2 of Article 19 is amended as: "It is forbidden to set up sewage outlets, blow up reefs and other activities that damage the topography and ecological environment of the coastal zone in strictly protected areas and restricted development zones. Encourage the development of remediation and restoration activities to improve the value of coastal resources and restore the ecological function of coastal areas, such as returning dikes to the sea, dredging and dredging, and building ecological corridors. "
(6) Amend Article 20 to read: "Except for major national projects, reclamation is completely prohibited. Reclamation activities shall implement laws, regulations and relevant state regulations. "
(seven) the first paragraph of article twenty-first is amended as: "the people's governments of cities and districts (county-level cities) shall designate prohibited areas and restricted areas within the coastal zone. All kinds of aquaculture activities are prohibited in the forbidden areas. Breeding activities shall not be carried out beyond the scope permitted by the breeding license in the restricted area. "
(eight) by deleting the "approval" in the second paragraph of article twenty-eighth.
(nine) by deleting thirty-eighth.
(ten) thirty-ninth to thirty-eighth, in which the "administrative department of marine and fishery" is amended as the "administrative department of ecological environment".
(11) Article 40 is renumbered as Article 39, and the first paragraph is amended as: "Anyone who engages in mariculture activities in the mariculture no-fishing area in violation of the provisions of the first paragraph of Article 21 of these regulations shall be ordered by the marine administrative department to stop the illegal behavior, dismantle the illegal mariculture facilities and impose a fine of more than 50,000 yuan/kloc-0.00 million yuan."
The "competent administrative department of environmental protection" in the second paragraph is amended as "competent administrative department of ecological environment".
(twelve) by deleting forty-first.
(13) Article 42 is changed to Article 40 and amended as: "Whoever, in violation of the provisions of Article 24 of these regulations, piles materials on the beach without authorization shall be ordered by the urban management administrative law enforcement department to stop the illegal act, clean it up within a time limit and impose a fine of not less than 5,000 yuan in 500 yuan. Without authorization to set up a stall on the beach, the urban management administrative law enforcement department shall order it to stop the illegal act, confiscate the illegal income, and may impose a fine of not more than 10,000 yuan. Those who engage in open-air barbecues on beaches in urban planning areas shall be ordered by the administrative law enforcement department of urban management to stop illegal activities, confiscate barbecue tools and illegal income, impose a fine of more than 2,000 yuan and less than 20,000 yuan on units, and impose a fine of more than 500 yuan and less than 1,000 yuan on individuals. "
(fourteen) forty-third, forty-sixth to forty-first, forty-fourth, and the "administrative department of marine and fishery" is amended as "administrative department of marine affairs".
(15) Article 44 is changed to Article 42 and amended as: "Whoever, in violation of the provisions of the second paragraph of Article 27 of these regulations, engages in business activities without authorization in public activity areas shall be ordered by the urban management administrative law enforcement department to make corrections; Those who refuse to make corrections shall be fined between 2,000 yuan and 20,000 yuan. "
(16) Article 45 is changed to Article 43 and amended as: "In violation of the provisions of the first paragraph of Article 28 of these regulations, a new sewage outlet into the sea is built within the coastal zone, which shall be ordered by the competent department of ecological environment administration to be dismantled within a time limit and fined between 20,000 yuan and 100,000 yuan.
Whoever, in violation of the provisions of the third paragraph of Article 28 of these regulations, discharges sewage that has not been treated harmlessly or exceeds the standard into the coastal zone and rivers entering the sea without authorization shall be investigated for legal responsibility by the competent department of ecological environment administration in accordance with the provisions of the Law of the People's Republic of China on Marine Environmental Protection and the Law of People's Republic of China (PRC) on the Prevention and Control of Water Pollution.
This decision shall come into force as of the date of promulgation.
The Regulations on the Protection of Urban Scenery in Weihai City, the Regulations on the Protection of Old-age Services for Residents in Weihai City, the Regulations on Water Conservation in Weihai City, the Regulations on the Protection of Drinking Water Sources in Weihai City and the Regulations on the Protection of Coastal Zone in Weihai City are revised accordingly according to this decision, and the order of the provisions is adjusted accordingly and re-promulgated.