中华人民共和国水土保持法 Law of the Peoples Republic of China on Water and Soil Conservation

（Adopted at the 20th Meeting of the Standing Committee of the Seventh National People's Congress on June 29， 1991， promulgated by Order No.49 of the President of the People's Republic of China on June 29， 1991 and effective as of June 29， 1991）
颁布日期：19910629 　实施日期：19910629 　颁布单位：全国人大常委会

　　Contents

　　Chapter I General Provisions

　　Chapter II Prevention

　　Chapter III Rehabilitation

　　Chapter IV Supervision

　　Chapter V Legal Responsibility

　　Chapter VI Supplementary Provisions

　　Chapter I

　　General Provisions

　　Article 1 This Law is formulated for the purposes of the prevention and control of soil erosion， the protection and rational utilization of water and soil resources， the mitigation of disasters of flood， drought and sandstorm， the improvement of ecological environment and the development of production.

　　Article 2 As used in this Law， the term“water and soil conservation” means preventive and rehabilitative measures taken against soil erosion which is caused by natural factors or human activities.

　　Article 3 All units and individuals shall have the obligation to protect water and soil resources， prevent and control soil erosion， and also have the right to report against any unit or individual that damages water and soil resources and causes soil erosion.

　　Article 4 The State shall， in relation to the work of water and soil conservation， implement the policy of prevention first， overall planning， comprehensive prevention and control， adoption of measures suited to local conditions， strengthening management and stress on beneficial results.

　　Article 5 The State Council and the local people's governments shall regard the work of water and soil conservation as an important duty， and adopt measures to ensure the prevention and control of soil erosion.

　　Article 6 The department of water administration under the State Council shall be in charge of the work of water and soil conservation throughout the country. The departments of water administration under the local people's governments at or above the county level shall be in charge of the work of water and soil conservation in areas under their respective jurisdiction.

　　Article 7 The department of water administration under the State Council and those under the local people's governments at or above the county level shall， on the basis of investigation and assessment of water and soil resources， draw up water and soil conservation plans in conjunction with other departments concerned. Such water and soil conservation plans shall be subject to the approval by the people's governments at the corresponding levels. Any water and soil conservation plan approved by the local people's government at or above the county level shall be submitted to the department of water administration under the people's government at the next higher level for the record. Any modification to be made to an approved water and soil conservation plan shall be submitted for approval to the original approving department.

　　The people's governments at or above the county level shall incorporate the tasks specified in the water and soil conservation plans into their respective plans for national economic and social development， allocate special funds therefor and organize the implementation thereof.

　　The people's governments at or above the county level shall， in line with the actual conditions of soil erosion， designate key areas on which preventive and rehabilitative efforts against soil erosion shall be focused.

　　Article 8 Units and individuals engaged in production and construction activities which may cause soil erosion must adopt measures to protect the water and soil resources， and shall be responsible to take rehabilitative measures against the soil erosion resulted from their production and construction activities.

　　Article 9 The people's governments at various levels shall intensify the publicity of and education in water and soil conservation， and popularize scientific knowledge concerning water and soil conservation.

　　Article 10 The State shall encourage the research in and raise the level of science and technology of water and soil conservation， popularize the advanced technology in water and soil conservation， and train in a planned way scientific and technological personnel in the field of water and soil conservation.

　　Article 11 Units and individuals that have made outstanding achievements in the prevention and control of soil erosion shall be awarded by the people's government.

　　Chapter II

　　Prevention

　　Article 12 The people's governments at various levels shall organize every citizen to engage in afforestation and encourage the planting of grass， thereby enlarging forest－covered areas and increasing vegetation.

　　Article 13 The local people's governments at various levels shall， in light of respective actual conditions， organize agricultural collective economic organizations as well as State－owned agricultural， forest， and livestock farms to plant firewood forests， forage and green manure crops， and to conduct in a planned way the colsing of hillsides for facilitating afforestation and growing grass and the rotation of closing and grazing periods， so as to check winds， fix drifting sand and preserve vegetation. Destroying forest or burning vegetation for land reclamation and stripping vegetation and digging up tree stumps on steep hillslopes or in arid regions shall be prohibited.

　　Article 14 Reclamation of hillsides with a slope of over 25 degrees for cultivation of crops shall be prohibited.

　　The people's governments of provinces， autonomous regions and municipalities directly under the Central Government may， in line with the actual conditions of the areas under their respective jurisdiction， prescribe the reclamation－forbidden slope of below 25 degrees.

　　The specific area of the reclamation－forbidden slope shall be deter－mined and announced by the local people's government at the county level.

　　Anyone who has conducted reclamation for cultivation of crops on the reclamation－forbidden slopes before the entry into force of this Law shall， on the basis of capital farming construction and in the light of the actual conditions， gradually stop the cultivation and， instead， plant trees， grow grass and restore the vegetation， or build terraced fields thereon.

　　Article 15 Anyone who reclaims waste hillsides with a slope of above 5 degrees but under the prescribed reclamation－forbidden degrees must obtain prior approval from the department of water administration under the people's government at the county level； anyone who intends to reclaim waste hillslopes owned by the State may apply to the people's government at or above the county level for going through the procedures for land reclamation only after obtaining approval from the department of water administration under the people's government at the county level.

　　Article 16 Felling of forest trees must be carried out in a rational manner and in line with the local conditions， and clear felling shall be strictly controlled. Preventive measures against soil erosion shall be adopted in the felling areas and on skid trails， and reforestation shall be accomplished in good time after the felling. With respect to protective forests such as those for water supply conservation， water and soil conservation， windbreak and sand－fixation， felling is only permitted for tending and regeneration of forests.

　　For any felling in a forest area， water and soil conservation measures， for the felling area， worked out in accordance with the provisions of the preceding paragraph， must be included in the felling plan thereof. After the felling plan is approved by the department of fore

stry administration， the water and soil conservation measures for the felling area shall be implemented under the supervision of the departments of water administration and forestry administration.

　　Article 17 Water and soil conservation measures must be adopted to prevent soil erosion when preparations for afforestation， tending of young growth， and cultivation of commodity trees such as oil－tea camellia and tung tree are done on hillsides with a slope of above 5 degrees.

　　Article 18 In the construction of a railway， highway or water project， the disturbance of vegetation shall be minimized； waste sand， rocks and earth thus created must be disposed of in an area specially designated for the purpose， and shall not be dumped out into any river， lake， reservoir or any ditch or canal other than the specially designated area； slope protection must be built or other land management measures adopted on hillslopes within the frontage of the railway and highway； after the project is completed， trees must be planted and grass grown on the earth－fetching area， excavated land surface and the exposed land surface for the disposition of waste sand， rock and earth， in order to prevent soil erosion.

　　In the establishment of a mining or electrical power enterprise or any other large or medium－sized industrial enterprise， the abandoned stripped topsoil， waste rock， tailings and residues must be disposed of in a specially designated area， and shall not be dumped out into any river， lake， reservoir or any ditch or canal other than the specially designated area. If the vegetation is damaged on account of the mining or construction， measures must be taken to rehabilitate the topsoil and vegetation， thereby preventing soil erosion.

　　Article 19 When the construction of a railway， highway or a water p

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