(adopted at the 28th meeting of the Standing Committee of the 11th Zhejiang Provincial People's Congress on September 31, 2111) Article 1 In order to strengthen river management, ensure flood control safety and smooth drainage, improve the water ecological environment and give full play to the comprehensive functions of rivers, according to the Water Law of the People's Republic of China, the Flood Control Law of the People's Republic of China and the People's Republic of China, and the * * *.
article 2 these regulations are applicable to the planning, construction, protection and management of rivers (including rivers, streams, lakes, artificial waterways and flood discharge areas, the same below) within the administrative area of this province.
the laws and regulations on waterway management shall also apply to the waterway within the river.
article 3 river management shall be subject to the overall arrangement of flood control, overall planning, overall consideration, priority of protection, comprehensive management and rational utilization.
river management adopts the system of unified management by river basin and classified management by region.
article 4 the people's governments at or above the county level shall strengthen their leadership over river management, incorporate river management into the national economic and social development plans and annual plans, strengthen the construction of river management institutions and teams, and ensure the funds needed for river planning, construction, protection and management.
article 5 the water administrative department of the people's government at or above the county level is the competent authority of river courses within its administrative area, and is responsible for the supervision and management of river courses within its administrative area. The water administrative department shall, in accordance with the river management institutions established in the river basin or region, undertake the relevant management work of the river sections under its jurisdiction in accordance with the prescribed responsibilities.
the departments of development and reform, land and resources, urban and rural planning, construction, environmental protection, agriculture, fishery, transportation and maritime affairs shall, according to their respective functions and duties, * * * do a good job in river management.
township (town) people's governments and sub-district offices shall set up river management institutions according to their needs, and be equipped with corresponding management personnel to do a good job in river management within their respective regions according to their prescribed responsibilities.
article 6 village (neighborhood) committees shall assist in the dredging and cleaning of rivers in this area.
the village (residents') meeting can formulate village regulations or residents' conventions to guide the village (residents') to consciously maintain the cleanliness of the river.
article 7 the people's governments at or above the county level, their water administrative departments and township (town) people's governments and sub-district offices shall strengthen publicity and education on river management, popularize relevant knowledge on river protection, and guide the public to consciously abide by the laws, regulations and rules on river management. Eighth water administrative departments of the people's governments at or above the county level shall do a good job in the basic investigation of river system and water conditions within their respective administrative areas, establish and improve river archives, and strengthen the information construction of river management.
article 9 rivers in the province are divided into provincial rivers, municipal rivers with districts (hereinafter referred to as municipal rivers), county rivers and township rivers.
the main streams and their important tributaries of Qiantang River, Dongxiaoxi River, Yongjiang River, Jiaojiang River, Oujiang River, Feiyun River and Aojiang River, and the Zhejiang section of the Beijing-Hangzhou Canal are provincial-level rivers, and the specific river sections are delineated and announced by the provincial water administrative department.
the municipal water administrative department in charge of districts shall put forward opinions on the delineation of municipal rivers, and report them to the provincial water administrative department for approval before publication. County-level rivers shall be designated by the water administrative department of the county (city, district), and shall be announced after being reported to the municipal water administrative department with the consent of the district. Township river by the county (city, district) water administrative departments designated and announced.
the published river course list shall include the name, starting and ending points, length, water area and main functions of the river course.
article 11 professional river planning such as river construction, dredging, shoreline protection and water area protection is the basis for river construction, protection, utilization and management.
The professional planning of river courses should conform to the comprehensive planning of river basins and regions, and be connected with the planning of waterways and fisheries.
Article 11 The professional planning of provincial rivers shall be organized by the provincial water administrative department, and shall be submitted to the provincial people's government for approval after soliciting the opinions of relevant provincial departments. Among them, the provincial people's government may decide to prepare and approve the professional planning of provincial rivers with the starting and ending points within the scope of the city with the same district.
the professional planning of municipal rivers shall be organized by the municipal water administrative department with districts where the rivers are located, and shall be submitted to the people's government at the corresponding level for approval after soliciting the opinions of relevant departments and provincial water administrative departments.
the professional planning of county-level and township-level rivers shall be organized by the water administrative department of the county (city, district), and submitted to the people's government at the same level for approval after soliciting the opinions of relevant departments and the water administrative department of the city with districts.
the revision of the professional planning of river courses shall be approved by the original approving authority.
article 12 in the preparation and revision of urban and rural planning, attention should be paid to the planning and protection of the original rivers and the planning and construction of new rivers in the planning area, and to the functions of rivers in flood control and drainage, soil and water conservation, beautifying the environment, protecting ecology and inheriting history.
if the construction of new urban areas and various development zones involves river waters, it shall conform to the water protection plan. If it is really necessary to change the water protection plan and occupy river waters, the water protection plan shall be revised in accordance with the prescribed procedures and authority.
article 13 river construction shall comply with the river construction plan, conform to the national and provincial standards for flood control and navigation and other relevant technical requirements, ensure the safety of dikes, pay attention to the protection and restoration of river water ecosystem, improve the comprehensive functions of flood control, irrigation, navigation and so on, give consideration to the upstream and downstream, the left and right banks, maintain the stability of river regime, and maintain the natural form of the river. It is not allowed to cut and take a straight line at will, change the river shoreline at will, or fill and block.
river construction includes river excavation, river surface widening, dike and bank protection, weir and sluice construction.
article 14 the water administrative department of the people's government at or above the county level shall, according to the river course construction plan, prepare an annual plan for river course construction, and organize its implementation after being submitted to the people's government at the corresponding level for approval.
the annual plan for river construction shall specify the project name, construction content, implementation subject, construction period, fund raising and other related contents of the construction project.
article 15 the people's governments at or above the county level shall strengthen the coordination of construction plans and projects such as water conservancy, waterway and municipal engineering, integrate and utilize various construction funds, give overall consideration to the functions of water conservancy, waterway, municipal administration and soil and water conservation, and improve the comprehensive utilization efficiency of construction funds.
if the river belongs to a restricted waterway with a level of five or more, the people's government at or above the county level shall co-ordinate the river course construction plan, the annual river course construction plan, the waterway planning and the waterway construction plan, and organize water administration, transportation and other departments to implement the river course and waterway construction according to the requirements of corresponding technical specifications.
Article 16 The design, construction and supervision of river construction projects shall be implemented in accordance with the Regulations of Zhejiang Province on Safety Management of Water Conservancy Projects and relevant laws and regulations.
the project construction unit shall strengthen the quality management and safety production management of river construction projects, establish and improve relevant management systems, and ensure the quality of project construction and safety in production.
article 17 the land for river construction shall be included in the local annual land use plan.
if the river course needs to be widened and new construction land needs to be added according to the river course construction planning, the water administrative department shall, jointly with the departments of land and resources, urban and rural planning and other departments at the same level, delimit the river course planning reserve area.
no engineering projects unrelated to flood control and drought relief and river construction shall be engaged in the river planning reserve. If construction is really necessary under special circumstances, the competent department of urban and rural planning of the people's government at or above the county level shall solicit the opinions of the water administrative department at the same level in advance when approving the site selection scheme of the construction project. Article 18 The management scope of a river with dikes includes waters, sandbanks, beaches (including arable land), flood discharge areas, dikes and berms on both sides of the strait.
the management scope of river courses at or above the county level without dikes in plain areas includes the waters between the two banks, sandbanks, beaches (including arable land), flood discharge areas and areas where the top of the water-facing side of the revetment extends to the land for not less than five meters; Among them, the important flood discharge and drainage channels, the top of the water-facing side of the revetment extends to the land area not less than seven meters. The management scope of township rivers without dikes in plain areas is the waters between the two banks, sandbanks, beaches (including arable land), flood discharge areas and areas where the top of the water-facing side of the revetment extends to the land area of not less than two meters.
the management scope of rivers without dikes in other areas is determined according to the historical maximum flood level or design flood level.
the specific scope of river management shall be delineated and announced by the county (city, district) people's government according to the prescribed standards and requirements. Among them, the management scope of provincial rivers shall be reported to the provincial water administrative department for approval before publication; The scope of management of municipal rivers shall be reported to the municipal water administrative department of the district for approval before publication.
Article 19 The boundary line between river and sea in the reach of a provincial river into the sea shall be delineated and promulgated by the provincial people's government; The boundary line between the river and the sea at the municipal and county levels shall be delineated and promulgated by the people's governments of cities and counties (cities, districts) with districts according to relevant regulations.
Twentieth county (city, district) water administrative departments shall set up boundary markers and bulletin boards according to the published scope of river management. The bulletin board shall specify the name of the river, the scope of river management and the acts prohibited and restricted within the scope of river management.
No unit or individual is allowed to move or damage boundary markers and bulletin boards without authorization.
article 21 the water administrative department of a county (city, district) shall strengthen the safety inspection and maintenance of water projects such as river dikes, revetments and sluices, eliminate hidden dangers such as rat holes and ant nests in time, repair dangerous sections such as piping and landslides, and ensure the safe operation of water projects.
the revetment of newly-built or rebuilt waterway and the revetment of toll waterway shall be maintained by the waterway management agency and the toll waterway operation manager respectively.
article 22 the water administrative department of a county (city, district) shall strengthen the greening of dikes and bank revetments, prevent soil erosion and beautify the environment of river waters. The greening of dikes and revetments should adopt native plants that have no negative impact on dike engineering and ecological environment.
article 23 the water administrative department of a county (city, district) shall, in accordance with the protection requirements of dikes and revetments, set up signs limiting the speed together with the waterway and maritime administrative agencies. The maritime administrative agency shall issue a corresponding notice to limit the speed.
passing ships shall abide by the speed limit regulations, and shall not exceed the speed limit.
article 24 where a construction unit builds, rebuilds or expands a sewage outlet in a river, it shall report to the water administrative department of the people's government at or above the county level for approval.
the water administrative department of the county (city, district) shall do a good job in monitoring the water quality of different sections of the water functional area, and put forward opinions on limiting the total amount of sewage discharged from the water area to the administrative department of environmental protection according to the water quality requirements of the water (environment) functional area and the natural purification capacity of the water body.
article 25 it is forbidden to damage water engineering buildings such as dikes, revetments and dams, flood control facilities, hydrological monitoring and measuring facilities, river bank geological monitoring facilities and communication and lighting facilities.
Article 26 Within the scope of river course management, the following acts are prohibited:
(1) Construction of buildings and structures unrelated to river course protection and water project operation and management, such as residential buildings, commercial buildings, office buildings and factory buildings;
(2) Abandoning or dumping slag, stone slag, coal ash, mud, garbage and other wastes that raise the riverbed and narrow the river course;
(3) stacking materials that hinder flood discharge or affect the safety of dikes;
(4) planting trees or tall crops that hinder flood discharge;
(5) setting up river-blocking fishing gear that hinders flood discharge;
(6) using ships, docks and other water facilities to occupy river waters and engage in business activities such as catering and entertainment;
(7) other circumstances stipulated by laws and regulations.
Article 27 Whoever engages in activities such as blasting, drilling wells, digging pits, digging fish ponds, quarrying stones, taking earth, exploiting underground resources, archaeological excavations, etc. within the scope of river management shall not affect the stability of river regime, endanger the safety of dikes, or hinder the flood discharge of rivers, and shall report to the water administrative department of the people's government at or above the county level for approval in advance.
article 28 for bridges, approach roads, wharves and other river-crossing engineering facilities that seriously block water, according to the flood control standards stipulated by the state, the water administrative department of the people's government at or above the county level shall report to the people's government at the corresponding level and order the construction unit to rebuild or dismantle them within a time limit. Causing losses to the legitimate rights and interests of the construction unit, it shall be compensated according to law.
according to the principle of whoever sets up the obstacle and removes it, the flood control, typhoon prevention and drought relief headquarters shall order it to be removed within a time limit. If it is not cleared within the time limit, the flood control, typhoon prevention and drought relief headquarters shall organize the compulsory clearing, and the expenses required shall be borne by the obstacle-setters.
article 29 reclamation of river courses is prohibited. If the estuary area needs to be reclaimed for river regulation, it shall be scientifically demonstrated and submitted to the provincial people's government for approval after examination and approval by the provincial water administrative department.
those who have reclaimed land from lakes should be treated according to the flood control standards stipulated by the state, and the land should be returned to lakes in a planned way.
Article 31 The water administrative department of a county (city, district) shall regularly monitor the siltation of rivers within its administrative area, and make an annual plan for dredging according to the monitoring, which shall be implemented after being approved by the people's government at the same level.
The annual plan for dredging should specify the scope and methods of dredging, the responsible subject, financial guarantee, sludge treatment and other matters.
Sludge utilization should be treated harmlessly, which meets the requirements of protecting the environment and ensuring human health and personal safety.
article 31 the water administrative department of a county (city, district) shall formulate an implementation plan for river cleaning within its administrative area, which shall be implemented after being approved by the people's government at the corresponding level.
the implementation plan of river cleaning should specify the conditions and determination methods of cleaning responsibility areas and cleaning units, cleaning requirements and cleaning cost standards, cleaning fund raising and supervision and assessment methods.
article 32 a river cleaning unit shall, in accordance with the requirements of river cleaning responsibility, implement cleaning personnel and tasks to ensure the cleanliness of the river within the responsibility area.
the cleaning unit shall transport the dead animals and dead animal products in the river to the operating unit of the harmless treatment facility for harmless disposal. The water administrative departments of counties (cities, districts) can determine special cleaning units to salvage and transport dead animals and dead animal products in the river.
the water administrative departments of counties (cities, districts) should strengthen the supervision and inspection of river cleaning, and urge the implementation of cleaning responsibilities.
article 33 township (town) people's governments and sub-district offices shall, in accordance with the responsibilities stipulated by the county (city, district) people's governments, do a good job in the maintenance of river embankments and bank revetments and the dredging and cleaning of rivers in their respective areas, strengthen daily inspections, and discourage illegal acts that undermine the safety of embankments and pollute the water surface. If dissuasion is ineffective, it shall promptly report to the water administrative department of the county (city, district) for handling according to law.
article 34 the county (city, district) people's government and the township (town) people's government shall, in accordance with the provisions, guarantee the expenses required for the maintenance of dikes and revetments, river dredging, cleaning and daily inspections within their respective administrative areas.
the provincial finance should give subsidies for the maintenance of river embankments and revetments, and the expenses for dredging and cleaning of rivers in underdeveloped areas. Article 35 The construction of flood control projects, hydropower stations and other water projects within the scope of river management shall conform to the comprehensive river basin planning and flood control planning, and obtain the planning consent signed by the water administrative department in accordance with the provisions of the Water Law of the People's Republic of China and the Flood Control Law of the People's Republic of China.
if the construction project specified in the preceding paragraph does not conform to the comprehensive river basin planning and flood control planning, the water administrative department shall not sign the planning consent.