Archived（May 28, 2018）
(adopted at the 78th executive meeting of the Municipal People’s Government on March 19, 1994; revised by Decree No 135 of Shenzhen Municipal People’s Government on August 26, 2004）
Chapter I General Provision
Article 1 In order to promote city greening in the Shenzhen Special Economic Zone, improve ecological environment, beautify cities, and build up people’s physical and mental health, these measures are hereby formulated in accordance with the State Council’s Regulations on City Greening.
Article 2 These measures shall apply to planning, construction, protection and administration of greening within the city planning region of the Shenzhen Special Zone (hereinafter referred to as the Special Zone).
Article 3 The Shenzhen municipal (hereinafter referred to as the municipality), district people’s governments shall integrate city greening into the plan of national economic and social development, formulate both an overall plan and specific projects for the Special Zone’s city greening, and organize their implementation.
Article 4 A municipal department in charge of urban management shall be responsible for city greening within the Special Zone.
A district department in charge of urban management, under the leadership of the district people’s government and the municipal department in charge of urban management, shall be responsible for city greening in its own administrative area within the limits of authority delegated by the municipal department in charge of urban management.
A municipal greening committee shall coordinate and supervise city greening.
Within the city planning region, the work of greening assigned to the department in charge of forestry for administration according to the related law and regulations, shall be done in accordance with those related law and regulations.
Article 5 A municipal agency for professional administration of city greening shall be established and, under the direction of the municipal department in charge of city planning, undertake specific administration of city greening.
Article 6 The municipal and district departments in charge of planning, land, construction, public security, industry and commerce, environmental protection, forestry, etc. shall assist in the related greening according to their respective functions as well as in compliance with these measures.
Article 7 All units and citizens with ability to work shall perform their obligation to plant trees or other obligations of greening according to the related state’s law and regulations and also these measures.
Article 8 When finding any acts in violation of these measures, all city residents may report to the municipal and district departments in charge of urban management. The departments in charge of urban management shall keep a record of these reports and deal with them seriously. If a reporter wants a reply, one of the departments in charge of urban management shall reply in 10 days.
Article 9 The green belts referred to in these measures shall include the following six types:
(1) the public green belt: parks, zoos (botanical gardens), cemeteries, small tourist gardens, green belts for grouping and green belts along roads;
(2) the residential green belt: a green belt within a residential quarter;
(3) the green belt attached to a unit: a green belt under property management of a unit of offices, organizations, armed forces, enterprises, or public institutions;
(4) the productive green belt: green belts such as nurseries of plants, flowers, and grasses which provide nursery stock, flowers and grasses, and seeds for greening;
(5) the protective green belt: green belts used for urban environment protection, sanitation, safety, and calamity prevention;
(6) the scenic woodland: a large area of woodland (including tourist green belts) which helps the city to be beautified.
Chapter II Planning and Constructing
Article 10 A municipal overall plan for city greening shall be formulated by the municipal department in charge of land planning jointly with the municipal department in charge of urban management, reported to the municipal government and integrated into the overall city plan after approval, and implemented by the municipal department in charge of urban management and the municipal department in charge of construction according to their respective functions.
Article 11 The city greening plan of the Special Zone shall be part of the municipal overall plan for city planning, formulated in a unified way by the municipal department of land planning jointly with the municipal department in charge of urban management, and integrated into the overall plan of the Special Zone after the municipal government has approved it.
Article 12 For a newly developed urban section in the Special Zone, the area of green belts (including public green belts and green belts attached to units) shall not less than 50% of the total area of the section; as for an old urban section under reconstruction, the area of green belts shall not less than 30% of the total area of the section.
Article 13 The percentage of the land for greening in the total area of land used for a construction project shall not lower than the following standard:
(1) 30% for factories, guesthouses, hotels, commercial service facilities of large and medium size, stadiums and gymnasiums;
(2) 35% for residential quarters;
(3) 40% for schools and buildings of more than 30 stories;
(4) 45% for hospitals;
(5) 50% for the factories producing toxic gases.
Article 14 The area of both green belts and waters in a park shall be more than95% of the total area of the park. The width of a green belt by both sides of the main roads and secondary main roads shall not be less than 10 meters.
Article 15 The productive green belts in the Special Zone such as nurseries for plants, flowers and grasses shall meet the needs for city greening, and the total area of such green belts shall not less than 3% of the area of the planned region.
Article 16 If there is a special case for reconstruction in an old urban section and street-overlooking construction in a busy section, the land area for greening may be reasonably lower than the standards in Article 13 of these measures after it has been examined and approved by the municipal department in charge of urban management. As for specific rules, they shall be formulated by the municipal department in charge of urban management, reported to the municipal people’s government, and implemented after approval.
Article 17 If a construction project does not include greening or its greening plan does not meet the requirements of these measures, the related responsible municipal departments shall not approve the project.
Article 18 It shall be forbidden for any units and individuals to occupy, buy or sell, or illegally transfer through other channels those separating and greening belts for city grouping arranged by the Special Zone, coastal natural reserves, protective green belts in scenic spots by mountains and large areas of litchi, and parks and botanic gardens built up on the conditions of nature and humanities such as special topography, geomorphic features, waters, vegetation, historical and cultural relics, etc.
Article 19 Government offices, organizations, enterprises, public institutions, residential quarters and industrial areas, etc. shall build attached green belts; if there is remaining land to be made green by planting trees and flowers, it shall be done without leaving the land unplanted.
Article 20 Before these measures are implemented, if the land designated for greening within the city planning region of the Special Zone has remained unplanted, its greening shall be done by the municipal agency for professional administration of city greening according to a plan.
Article 21 City greening and the city’s development and construction shall be synchronized. Any unit undertaking city’s development and construction shall enter the expenditure of greening in its capital construction investment plan according to the following standard:
(1) the expenditure of greening shall not be less than 1% of the total investment of construction for buildings of more than 18 stories;
(2) the expenditure of greening shall not be less than 3% of total investment of construction for buildings of 18 or less than 18 stories and roads as well.
Article 22 The construction expenditure for newly-built public green belts and the State–owned productive green belts, protective green belts, and scenic woodland shall be listed separately in the investment plan of the municipal department of planning.
Article 23 The expenditure for conservation and reconstruction of public green belts shall be reported to the municipal department of finance by the municipal department in charge of urban management and listed separately for planning.
Article 24 The roadside units are encouraged to make investment in reconstructing public green belts. The reconstruction plan shall comply with the overall plan of city greening, and match the general sights of the road.
Article 25 The construction expenditure for a green belt attached to a unit and a green belt in a residential quarter shall be guaranteed by the construction unit according to the requirements of greening design.
Article 26 The greening construction of parks, zoos (botanic gardens), tourist spots shall be funded by the state investment, foreign funds, domestically-associated funding or fund-raising from various sectors of society.
Article 27 The funds for various projects of greening and conservation shall be used for specified purposes, any units and individuals shall not misappropriate and divert these funds.
Article 28 The planning, designing, examination and approval of both a greening project and the principal part of a construction project shall be done at the same time, and the greening project shall be completed in the first greening season after the check and acceptance of the completed construction project.
Article 29 The designs of city greening projects shall draw on the useful experience of city greening from both at home and abroad, emphasize national style and local features, be excellent in the arts of gardening and greening.
Article 30 The designing of a city greening project shall be entrusted to a designing unit which has the qualification required by the State.
Article 31 Both construction and reconstruction of urban public green belts shall be organized in a unified way by the municipal department in charge of urban management.
Productive green belts, protective green belts, and scenic woodland shall be constructed by operating units; the green belts of residential quarters and green belts attached to units shall be constructed by construction units which are supervised and checked by the municipal department in charge of urban management, and technically directed by the municipal agency for professional administration of city greening.
Article 32 The construction of a city greening project shall be entrusted to a unit which has the qualification required by the State. The municipal department in charge of urban management shall supervise and check the construction quality.
Article 33 When the construction of a public green belt, productive green ground or greening project is completed and is required to be transferred to a special managerial organ of city greening for maintenance and management, the construction unit shall be responsible for maintaining it for 3 to 6 months before the transferring, and then deliver it to the municipal department in charge of urban management for check and acceptance, and for taking over.
Article 34 When the construction of a greening project has been completed for a green belt in a residential quarter, a green belt attached to a unit, a protective green belt, or scenic woodland, the construction unit shall do maintenance and conservation according to the rules, and the responsible department of this project shall arrange the check and acceptance.
Chapter III Conservation and Administration
Article 35 The responsibilities for administration of city greening shall be divided according to the following rules:
(1) the greening work for urban public green belts, protective green belts, roadside trees, and green belts by the main roads shall be managed in a unified way by the municipal department in charge of urban management;
(2) the greening work for the front lots of responsibility of units and stores facing streets shall be managed by these units and stores;
(3) the productive green belts, scenic woodland shall be managed by operating and administrating units;
(4) the greening work for protective green belts within the administrative region of the units of railroads and water conservancy shall be managed by these units;
(5) the greening work for a park built by a unit on its own and a green belt attached to a unit shall be managed by the unit concerned;
(6) the green belts of a residential quarter shall be managed by the unit of property management;
(7) the urban nurseries for plants, grass and flowers shall be managed by their operating units;
(8) the green belt of a private garden shall be managed by the proprietor.
Article 36 The state shall protect the legitimate rights of the owners and keepers of trees. The ownership of a tree shall be defined according to the following rules:
(1) the trees planted and kept by the departments of gardening, public roads, water conservancy, railroads, etc. within the designated land for use shall be owned by the state;
(2) the trees planted and kept by the units of government offices, organizations, armed forces, enterprises, public institutions within the red lines of land for use shall be owned by the units;
(3) the trees planted and kept by the units of property management in residential quarters and housing estates shall be owned by the state;
(4) the trees planted by proprietors in the gardens of private houses shall be owned by the proprietors of the houses.
Article 37 The units and individuals responsible for the management of urban green belts shall establish and improve the management system for green belts, keep the green belts clean and beautiful, flourishing with flowers and plants, maintain the greening facilities in good condition, trim trees, clip flowers, and mow lawns timely. If the branches of trees in a green belt attached to a unit reach urban public roads or other people’s properties, the management unit shall take care of trimming on time.
Article 38 Any units and individuals shall do no damage to trees, flowers and plants in the city and to greening facilities as well.
No one may fell or move any urban tree, no matter who is the right owner, unless getting approval from the relevant department, and replanting trees or taking other remedial measures according to the related rules.
Anyone who wants to fell or move less than 20 trees in one construction project shall get approval from the municipal administrative department of city management. Anyone who wants to fell or move more than 20 trees or a tree whose diameter is more than 80 centimeters in one construction project shall get approval according to legal procedures after submitting an application to the municipal administrative department of city management for examination.
Article 39 Any units and individuals shall not change the purpose of land use for planned city greening or approve other people to do so except that the municipal people’s government may make an adjustment for the plan of city greening through a legal procedure.
Article 40 Any units and individuals shall not occupy urban green belts without authorization. If it is indeed necessary to occupy urban green belts temporarily as in the following situations, a report shall be filed to the municipal department in charge of urban management for approval; the temporary occupation of green belts by the both sides of the main roads within the limit of the city shall be examined by the municipal department in charge of urban management and then reported to the municipal government for approval:
(1) the space of a construction site for a high-rise building (more than 18 stories) approved by the municipal department in charge of land planning is too limited and it is indeed difficult to do construction;
(2) to broaden roads, construct bridges, and lay underground pipes after approval by the municipal department in charge of land planning;
(3) to build an entry or exit for a road (including temporary entries and exits) after approval by the municipal department in charge of land planning;
(4) other special cases with approval by the municipal department in charge of land planning.
Article 41 It shall be forbidden for any units and individuals to discharge waste water and dump garbage to urban green belts or to park vehicles, set outdoor billboards, pile articles, raise livestock, chase and play in green belts and take other acts to do damage to green belts.
Article 42 When the agency for professional administration of city greening is conducting construction for greening as well as management and conservation, it shall take into account the needs of the municipal public facilities, water conservancy projects, transportation by roads, firefighting, etc.
Article 43 If the construction of municipal public facilities such as laying communication cables, electricity transmission lines, gas pipes, water supply lines and sewers affects city greening, a construction unit or a unit undertaking construction shall work out, in designing and before constructing, measures for greening protection jointly with an agency for professional administration of city greening.
Article 44 If it is necessary for a department of electricity power, urban affairs, traffic or communication to trim, move or fell trees for safety, it shall get approval from the municipal administrative department of city management which shall organize a unit with the qualification of greening urban parks to trim, move or fell the trees. The expenses incurred as a result shall be paid by the applying unit. The provisions of relevant law or regulations shall prevail if they provide otherwise.
If it is necessary for a unit to trim, move or fell trees under emergent rescue and relief work, it may trim, move or fell trees in advance with the consent of its leader, and shall report to the administrative department of city greening and the managerial unit of the green area in time. Within 5 working days after the emergency is eliminated, the unit shall fill in the examination and approval procedures according to the relevant provisions.
Article 45 The trees of more than 100 years, rare and valuable trees, ancient and well-known trees of historical and commemorative significance within the city planning region shall be taken care of and conserved by the municipal agency for professional administration of city greening as its responsibility.
The other ancient and well-known trees shall be taken care of and conserved respectively by the units in those places where the trees are located or by individuals.
Article 46 The municipal department in charge of urban management shall be responsible for survey and registration of all the ancient and well-known trees within the city planning region of the Special Zone, set up files jointly with the department of relics after appraisal, determine the responsible units for administration and conservation, devise the marks for the ancient and well-known trees to indicate the names of trees, scientific names, families, the age of trees, locations, ownership, and the responsible units for administration and conservation. The marks shall be uniformly made by the municipal department in charge of urban management.
Article 47 The responsible units or individuals for administration and conservation of ancient and well-known trees shall painstakingly take care of and conserve these trees and make sure of their normal growth in accordance with the technical standards of administration and conservation of ancient and well-known trees formulated by the municipal department in charge of urban management.
In case of the natural death of an ancient and well-know tree, the responsible unit or individual for administration and conservation shall report to the municipal department in charge of urban management on time.
Article 48 It shall be forbidden to take the following acts to do damage to ancient and well-know trees:
(1) to engrave and scrawl on a trunk, to drive a nail into a trunk, or to bind a trunk with ropes and iron wires;
(2) to use a tree as a support in construction;
(3) to pile articles, dig pits and remove earth, build permanent or temporary structures, or discharge waste water and pollutants within three meters from the edge of the area covered by the crown of a tree;
(4) to fell or remove ancient and well-known trees without authorization.
Article 49 Anyone, who wants to open a commercial or serving booth in a city park, scenic spot, or tourist attraction, shall comply with the planning of the scenery zone or spot, may not destroy any sight of the park or occupy any green area, and shall go through the formalities according to the relevant administrative regulations on city management, planning and industry and commerce.
Article 50 If a unit carries out a construction project around a green area which may produce dust, waste gas, waste water or high temperature thus endangering the normal growth of trees, flowers or plants in the green area, it shall get approval from the municipal administrative department of urban management in advance, and take protective measures as required by the department.
Article 51 The biological control shall be encouraged in prevention and control of plant diseases and insect pests; the pesticide shall be used in accordance with the principle of no harm to the health of city residents.
Chapter IV Rewards and Punishments
Article 52 The municipal people’s government shall commend and reward those units and individuals that have scored significant achievements in scientific research on city greening or made outstanding contributions to administration of city greening.
The municipal department in charge of urban management, district people’s governments shall commend and reward those units and individuals that have scored outstanding achievements in city greening.
Article 53 If a city greening project does not meet the requirements of these measures, the municipal department in charge of urban management shall instruct the construction unit to stop constructing and make a correction by a deadline.
Article 54 If the funding for greening has not been finalized, the municipal department in charge of urban management shall instruct the related units to solve the problem by a deadline, if the problem has not been solved after the deadline, a fine of more than 2,000 but less than 5,000 RMB may be imposed.
In case of diverting or approving other people to divert the funds for greening, the municipal department in charge of urban management shall instruct the related units to make a correction by a deadline and may impose a fine as much as 20% of the diverted funds.
Article 55 If a construction unit has entrusted unqualified units for designing and undertaking construction with the task of designing and constructing for the city greening project, the municipal department in charge of urban management shall instruct this construction unit to stop constructing and making a correction by a deadline, and a fine of 2,000 RMB may also be imposed.
Article 56 If a unit undertaking construction has failed to finish the work of greening within the prescribed time or the quality of the work does not meet the requirements, in addition to holding the unit liable for breaking a contract in accordance with the terms of the contract, the municipal department in charge of urban management shall impose a fine of more than 5,000 but less than 50,000 RMB on the construction unit according to how serious the case is.
Article 57 In case of violation of these measures and the change of the use of a green belt designated by city planning, the municipal department in charge of urban management shall instruct the responsible person to make a correction by a deadline and restore greening; if there is any resultant losses, the responsible persons shall be held liable for making a compensation for the losses. If the responsible person has failed to make a correction after the deadline, the municipal department in charge of urban management shall enforce dismantling of the structures and other facilities on the green belt and restore greening, and all the resultant expenses shall be paid by the responsible person.
Article 58 If the following acts have been taken without approval in violation of these measures, the municipal department in charge of urban management shall order a correction, compensation for losses, and may impose a fine also:
(1) for occupying without authorization and damaging urban green belts, a fine of 200 RMB per square meter shall be imposed;
(2) for felling, removing trees in the city without permission, a fine of 500 RMB per tree shall be imposed;
(3) for setting booths in parks and scenic spots to do damage to the overall plan of gardening and the landscape or occupying green belts and obstructing the traffic, a fine of more than 200 but less than 2,000 RMB shall be imposed. If an operating unit is responsible, it shall be punished.
(4) for constructing around a green belt and damaging the belt, a fine of 200 RMB per square meter shall be imposed; for damaging trees and flowers, a fine of more than 100 but less than 500 RMB per plant shall be imposed.
If there are other rules on punishments for illegal and excessive felling of urban shelter-forests, scenic forests, productive forests according to law and regulations, they shall be followed.
Article 59 If one of the following acts has been taken in violation of these measures, the municipal department in charge of urban management or its entrusted agency for professional administration of greening shall order a correction and impose a fine as follows:
(1) a fine of 50 RMB for littering the peel, scraps of paper, ring-pull cans and other waste;
(2) a fine of 100 RMB for treading on and crossing a green belt with a sign of no entry;
(3) a fine of 100 RMB for hunting, shooting birds within the city planning region;
(4) a fine of 200 RMB for quarrying, removing earth, burying waste, parking vehicles, piling articles in urban green belts;
(5) a fine of 200 RMB for damaging facilities for greening, signs of prohibition, billboards for public welfare, sculptures on green belts and other beautifying articles;
(6) a fine of more than 100 but less than 500 RMB for dumping garbage and discharging waste water to urban green belts;
(7) a fine of 1,000 RMB per piece for setting billboards, fingerposts and other signboards within a public green belt.
If the above-mentioned acts have caused economic losses, the persons taking actsshall be held liable for compensation.
Article 60 If the units and individuals responsible for city greening management have failed to perform their duties of management in accordance with these measures, the municipal department in charge of urban management shall supervise and urge them to make a correction by a deadline. If the correction has not been made after the deadline, the municipal department in charge of urban management shall entrust a professional agency with the task of correcting instead, the resultant expenses shall be paid by the units and individuals responsible for management, a fine of more than 500 but less than 2,000 RMB may be imposed as well.
If the branches of the trees of a green belt attached to a unit or a private garden have reached an urban road and obstructed the normal passing, a fine of more than 500 but less than 2,000 RMB shall be imposed in addition to the remedial measures of the above section.
Article 61 If the normal growth of an ancient and well-known tree is affected as a result of the failure of the unit or individual responsible for conservation and management of the ancient and well-known tree to follow the technical standards of conservation and management or the natural death of an ancient and well-know tree is handled without authorization, the municipal department in charge of urban management shall impose a fine of more than 500 but less than 2,000 RMB per plant on the responsible unit or individual.
Article 62 In case of damaging an ancient and well-known tree in violation of Article 50 of these measures, the municipal department in charge of urban management shall impose a fine of more than 2,000 but less than 10,000 RMB on the directly responsible person.
In case of felling or removing an ancient and well-known tree without authorization, the municipal department in charge of urban management shall order compensation for the loss and may impose a fine of more than 5,000 but less than 20,000 RMB. If the case is serious enough to constitute a crime, the judicial department shall ascertain the criminal responsibility according to law.
Article 63 If the staff of the agency for professional administration of city greening have failed to perform actively their duties of conservation and management and caused losses, the municipal department in charge of urban management shall ascertain the administrative responsibilities of the related responsible persons; if the negligence of duty is gross enough to constitute a crime, the criminal responsibility shall be ascertained according to law.
Article 64 In case of causing personal injury or losses of property by violating these measures, the person taking acts shall be held liable for damage compensation according to law.
Article 65 If a member of the staff of the related responsible department of the municipal, district governments, in violation of these measures, abuses power, practices favoritism and engages in irregularities in administration of greening, the unit which the person is affiliated with or the superior responsible office shall impose a disciplinary sanction; if a crime has been found, the criminal responsibility shall be ascertained according to law.
Article 66 If a party concerned refuses to accept a disciplinary sanction imposed by the related responsible department of a district government, an application for review may be filed to a professionally responsible department at the higher level within 15 days from the date of receiving the sanction notice; if the disciplinary sanction of the related responsible department of the municipal people’s government has been refused to accept, an application for review may be filed to the office of administrative review of the municipal people’s government within 15 days from the date of the sanction notice. In case of refusing to accept a review decision, a suit may be brought to the people’s court within 15 days from the date of receiving the review decision. The party concerned may also bring a suit to the people’s court directly according to law.
If the party concerned has failed to sue within the prescribed time as well as to obey the sanction, the office imposing the sanction shall file an application to the people’s court for coercive enforcement.
Chapter V Supplementary Provision
Article 67 The department of the municipal people’s government in charge of urban management may formulate specific steps for management in accordance with these measures.
Article 68 These measures shall take effect as of the date of promulgation. At the same time The Regulations of the Shenzhen Municipality on Administration of Gardening and Greening which was promulgated by the municipal government on September 13, 1985 shall be nullified.
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