Announcement on the prohibition of reconstructing embankments, sand mining in river channels and planting high-pole crops that impede flood flow

In order to strengthen the city's river management, ensure the smooth flow of flood in the river and the safety of people's lives and property, maintain the ecological health of rivers and lakes, consolidate the results of the "Qing four chaos", and effectively protect the ecological environment of the city's rivers and lakes。According to the relevant provisions of the Water Law of the People's Republic of China, the Flood Prevention Law of the People's Republic of China, the Regulations of the People's Republic of China on River Management and other laws and regulations，In accordance with the "Notice of the General Office of the Ministry of Water Resources on issuing and carrying out the investigation and rectification work of Prominent problems obstructing flood flow in river channels" (No. 352 of Banhehu [2021]) and the requirements of the provincial Party Committee and the provincial government，The relevant matters are hereby notified as follows:
    From the date of the announcement, it is prohibited to re-build embankments and plant high-pole crops that impede flood flow in flood channels。If it is found that there is the restoration of the embankment and the planting of high-stalk crops that hinder flood flow, it will be centrally removed according to law, and the growers shall bear all losses by themselves, and if a crime is constituted, criminal responsibility shall be investigated according to law。Now it is the early stage of agricultural spring ploughing production, river chiefs at all levels should strengthen river patrol efforts, and do a good job of publicity and interpretation of the seed ban policy in strict accordance with relevant requirements。At the same time, the general public is encouraged to actively report illegal acts of rebuilding embankments and planting high-pole crops that hinder flood flow in the flood course。 
    1. According to Article 37 of the Water Law of the People's Republic of China, the construction of water-blocking structures and structures within the scope of river course management is prohibited。It mainly includes buildings or structures such as workshops, houses, docks, photovoltaic power stations, greenhouses and so on。
    2. In accordance with Article 37 of the Water Law of the People's Republic of China, it is prohibited to plant trees that affect flood flow within the scope of river course management (except for wave forest on levee berms and river bank protection forest) and high-stalk crops (corn, high-stalk sorghum and other crops).。
    3. In accordance with Article 38 of the Water Law of the People's Republic of China, the construction of cross structures and compressed river flood sections within the scope of river management, mainly including Bridges, pipelines, aqueducts and other facilities that impede flood flow, shall be subject to the permission of the water administrative department。
    4. In accordance with Article 40 of the Water Law of the People's Republic of China, avoid encroachment and narrowing of river channels by human activities。It mainly includes the construction of embankments, production embankments and other encroachment on the river, the construction of levees and revetment projects to narrow the original river, the reclamation of arable land in the river, and the demarcation of permanent basic farmland。
    5. According to Article 8 of the Regulations on River Management of Heilongjiang Province, it is prohibited to artificially raise the ground elevation of river courses。It mainly includes elevating the original ground level of the river course when building parks, wetlands, pro-level platforms and other activity places。
    Vi. In accordance with Article 11 of the Regulations on the Administration of Water Conservancy Projects in Heilongjiang Province，It is prohibited to damage water engineering structures such as embankments, bank revealments, sluice and DAMS, flood control facilities, hydrological monitoring and surveying facilities, riverbank geological monitoring facilities, communication lighting facilities and other facilities;Unsafe activities such as building houses, grazing animals and beekeeping on levees and berms are prohibited。
    7. According to Article 9 of the Regulations on River Management of Heilongjiang Province, it is strictly prohibited to mine sand or take soil within the scope of river management without permission, and not to mine sand according to the permission requirements。In case of illegal sand mining within the river course, the department in charge of water administration shall impose administrative penalties according to law;If the case constitutes a crime, the public security organ shall investigate the criminal responsibility according to relevant laws and regulations。
    8. The administrative heads of local people's governments shall be fully responsible for flood control and clearance work。Obstructions obstructing flood flow within a river course shall be removed by the obstructionists themselves in accordance with the principle of who sets up the obstructions and who removes them。
    9. The scope of road management shall be governed by the results of the delimitation of the scope of river and lake management。Violations within the scope of river and lake management that are not rectified by themselves will be centrally eliminated according to law, and all losses will be borne by the rights and interests of the party。Those found to have the above illegal acts within the scope of river management will be severely cracked down on according to law, and those that constitute crimes will be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law。
    State staff and rural grass-roots cadres are strictly prohibited from participating in any activities related to sand mining in river channels。Those who abuse their power, neglect their duties or engage in malpractices for personal gains shall be dealt with severely according to law and discipline, and those who constitute crimes shall be transferred to judicial organs for investigation of criminal responsibility according to law。
    Xi, strictly implement the river and lake chief system, county and village three river and lake chiefs should consciously shoulder the responsibility of territorial supervision, and strictly crack down on illegal acts of stealing and smuggling sand and gravel。The administrative departments in charge of water affairs, public security, prosecution, transportation, justice, natural resources, ecological environment, etc., should earnestly perform their duties, cooperate with each other, and jointly do a good job in the management of river sand mining and other behaviors。Whoever obstructs the performance of public duties by means of violence or threat shall be punished in accordance with the relevant provisions of the Law of the People's Republic of China on Penalties for Administration of Public Security;If the case constitutes a crime, it shall be transferred to a judicial organ for investigation of criminal responsibility。
    12. Actively accept social supervision。Encourage all sectors of society to report illegal activities such as illegal occupation of farmland, deforestation and grass destruction, and sand mining in river channels, and law enforcement departments will strictly keep confidential the information of informants。
    13. This announcement shall come into force on the date of promulgation。
    Supervision and reporting telephone: Zhaodong City river and lake Chief System office: 0455-5938866
                      
                    




                                                                                           Zhaodong City river lake chief system office
                                                                                              March 7, 2024