Regulations of Nanning Municipality on the Protection and Management of Yangmei Ancient Town
(adopted at the first meeting of the Standing Committee of the 15th Nanning Municipal People’s Congress on October 27, 2021)
Approved at the 28th meeting of the Standing Committee of the 13th People’s Congress of Guangxi Zhuang Autonomous Region on March 24th, 2022)
Catalogue
Chapter I General Principles
Chapter II Protective Measures
Chapter III Management and Utilization
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Principles
Article 1 In order to strengthen the protection and management of Yangmei ancient town (hereinafter referred to as the ancient town) and inherit the outstanding historical and cultural heritage, these Regulations are formulated in accordance with the Regulations on the Protection of Famous Historical and Cultural Cities, Towns and Villages and other relevant laws and regulations, combined with the actual situation of this Municipality.
Article 2 These Regulations shall apply to activities such as the protection, management and utilization of ancient towns within the protection scope of ancient towns.
Engaged in the activities specified in the preceding paragraph, involving cultural relics, intangible cultural heritage and the protection of ancient and famous trees, if there are other provisions in relevant laws and regulations, those provisions shall prevail.
Article 3 The protection scope of ancient towns includes core protected areas, construction control zones and environmental coordination zones.
The core protected area refers to the vicinity of Zhuangyuan Bridge and Huang Manor in the east, Sanjie Temple in the south, Zuojiang River in the west and Chenwu Lane in Yong ‘an Street in the north, with an area of about 7.95 hectares.
The construction control zone refers to the area outside the core protection zone, east to Kuixinglou, south to the vicinity of historical building No.82 Zhenxing Street, west to the east bank of Zuojiang River and north to Leilianling, with an area of about 54.29 hectares.
The environmental coordination zone refers to the construction control zone, east to the left bank of Zuojiang River, south to the boundary of Yangmei village, west to Hutian Island and north to the left bank of Zuojiang River, with an area of about 1019.54 hectares.
Article 4 The people’s governments of cities and Jiangnan District shall strengthen the protection of ancient towns, incorporate the protection and management of ancient towns into the national economic and social development plan, and arrange funds for the protection of ancient towns in the budgets at the corresponding levels.
Jiangnan District People’s Government shall establish a coordination mechanism for the protection and management of ancient towns, clarify the institutions for the protection and management of ancient towns, and coordinate and solve major problems in the protection and management of ancient towns.
Jiangxi Town People’s Government should be equipped with special staff to cooperate with the protection, supervision and management of ancient towns.
Natural resources, ecological environment, housing and urban and rural construction, transportation, water conservancy, agriculture and rural areas, culture, radio and television and tourism, emergency management, market supervision and management, municipal and garden, urban management comprehensive administrative law enforcement and other relevant departments and fire rescue agencies shall, in accordance with their respective duties, do a good job in the protection and management of ancient towns.
Fifth ancient town protection and management institutions are responsible for the specific work of ancient town protection and management, and perform the following duties:
(a) to establish and improve the archives of ancient town protection objects;
(two) to organize the preparation and implementation of the ancient town building maintenance and repair plan and external repair technical guidelines;
(three) to organize the preparation of guidelines for the installation of outdoor facilities and equipment in ancient towns;
(four) to explore, study, protect and inherit the historical and cultural heritage of the ancient town;
(five) to carry out daily inspections to discourage and stop violations of the provisions on the protection and management of ancient towns, and to report to the people’s government of Jiangxi Town or the comprehensive administrative law enforcement of urban management and other relevant departments in a timely manner;
(six) to establish a complaint reporting system and accept complaints and reports in a timely manner;
(seven) other work related to the protection and management of ancient towns.
Article 6 Villagers’ committees shall assist Jiangxi Town People’s Government and relevant departments to do a good job in the protection of ancient towns, educate and guide villagers to protect and rationally use various historical and cultural heritages such as streets and historic buildings in accordance with the requirements for the protection of ancient towns.
Encourage the relevant requirements for the protection of ancient towns to be included in the village rules and regulations.
Encourage villagers’ committees to set up mass protection organizations and strengthen daily protection and fire safety inspections of ancient towns.
Encourage social organizations such as Xinxiang Xianhui Council to participate in the protection of ancient towns and play a leading and exemplary role in the protection of ancient towns.
Seventh Jiangnan District People’s Government and its relevant departments, Jiangxi Town People’s Government and ancient town protection and management institutions shall organize publicity and education activities to protect the historical and cultural heritage of ancient towns, and enhance the awareness of the whole society.
Encourage and guide social forces to participate in the protection of ancient towns through donation, investment, shareholding and leasing.
Chapter II Protective Measures
Eighth Jiangnan District People’s Government shall organize the preparation of the ancient town protection plan, and report it to the people’s government of the autonomous region for approval before promulgation.
Where the preparation of land and space planning involves the protection of ancient towns, it should be linked with the protection planning of ancient towns, and the opinions of the protection and management institutions of ancient towns should be sought.
Article 9 The protection objects of ancient towns include:
(a) the traditional landscape pattern and natural landscape;
(2) Courtyard and yard layout;
(3) Historical streets and lanes;
(four) cultural relics protection units, immovable cultural relics, historical buildings and traditional buildings;
(5) Historical and environmental elements such as ancient docks, ancient steles, ancient temples, ancient and famous trees, archways of gatehouses, bridges, pavements and characteristic landscapes;
(6) Intangible cultural heritages involving old firms, folk customs, local arts, local specialties and historical figures;
(seven) other objects that need to be protected.
Ancient town protection and management institutions shall establish and improve the archives of protected objects, and uniformly make and hang protection signs. For important historical and environmental elements, historical information can be preserved by setting up signs on the original site.
Tenth ancient town protection and management institutions shall set up fixed signs according to the ancient town protection planning, indicating the boundaries of the core protected areas, construction control areas and environmental coordination areas, and publicize the protection scope to the public in a graphic way.
No unit or individual may damage or set, move or alter the logo without authorization.
Eleventh core protected areas should maintain the traditional pattern, historical features, spatial scale and interdependent natural landscape, and be protected in accordance with the following provisions:
(a) historical buildings should maintain their original height, volume, appearance and color, and shall not be rebuilt or demolished without authorization;
(two) construction activities should be based on maintenance, sorting, repair and internal renewal, in addition to the necessary infrastructure and public service facilities, no new construction or expansion activities;
(three) the height of the building should meet the requirements of the protection planning of the ancient town, and the volume, color, space and pattern of the building should meet the historical features; In addition to historical buildings, buildings, structures or other facilities that do not meet the requirements of the ancient town protection planning, the Jiangnan District People’s Government shall organize relevant departments to formulate plans to gradually implement the transformation, or dismantle them according to law with the approval of relevant departments.
Twelfth construction control zones shall be protected in accordance with the following provisions:
(1) Newly-built, rebuilt and expanded buildings shall be in harmony with the core protected areas in terms of building height, volume, color, space and pattern;
(two) the height of the building should meet the requirements of the ancient town protection planning.
Non-historical buildings that do not meet the protection plan of ancient towns should be gradually transformed or demolished according to law.
Thirteenth environmental coordination zones shall be protected in accordance with the following provisions:
(a) control the construction scale, building height, volume, style and shape, and coordinate the architectural style with the core protected areas and natural landscapes;
(two) to protect the sight corridor between the ancient town and the countryside, and not to destroy the ecological environment of the countryside.
Fourteenth ancient towns within the scope of protection to prohibit the following acts:
(a) unauthorized excavation, filling, covering, blocking the river ponds and ditches;
(two) unauthorized construction, renovation and expansion of buildings, structures or other facilities;
(three) unauthorized removal, intentional damage to the doors, windows, signs, plaques, squares and other decorative components of historical buildings; Without changing the facade style of historical buildings, breaking walls, adding windows and opening doors;
(four) occupation, damage or unauthorized removal, demolition of public facilities;
(five) burning asphalt, linoleum, rubber, plastics, leather, garbage, straw and other substances that produce toxic and harmful smoke and malodorous gases;
(six) dumping muck and garbage in public places and fields, discharging sewage, piling up sundries, and discarding pesticides, fertilizer packages, agricultural wastes and animal carcasses;
(seven) scribing and smearing on buildings, structures, public facilities and trees;
(eight) activities that destroy the traditional pattern and historical features, such as mountain cutting, quarrying, mining and earth borrowing;
(nine) other acts prohibited by laws and regulations.
Fifteenth in addition to the prohibited acts stipulated in Article fourteenth of these regulations, the following acts are also prohibited in the core protected areas:
(a) hanging and piling up objects that hinder the style of the ancient town on the top of buildings, balconies, platforms, outer corridors and windows;
(2) Use reflective materials at the top of the building and the facade facing the street, and set up steel frame houses, tin houses, water towers, solar energy facilities, safety nets or rain shelters;
(three) new construction, renovation and expansion of graves;
(four) release dogs and other livestock and poultry;
(five) using loudspeakers or other means of making high noise to attract customers;
(six) occupy the road to set up stalls to engage in business activities.
Sixteenth the following acts are prohibited in the waters within the protection scope of the ancient town:
(a) set up obstacles, berthing ships, floating facilities, etc. without name and number, certificate and port of registry;
(two) sand, sand tools;
(3) Directly discharging feces and sewage into rivers, ponds and other water bodies, discarding animal carcasses and dumping garbage and other wastes;
(four) other acts prohibited by laws and regulations.
Seventeenth Jiangnan District People’s Government shall delimit the areas and time periods in which fireworks are prohibited or restricted within the protection scope of ancient towns, and announce them to the public.
Fireworks and firecrackers shall not be stored within the protection scope of the ancient town.
Fireworks and firecrackers shall not be sold or set off in areas where fireworks and firecrackers are prohibited.
Chapter III Management and Utilization
Article 18 The protection and management institutions of ancient towns shall, according to the protection plan of ancient towns, work out technical guidelines for the external repair of historical buildings and other buildings in ancient towns in conjunction with relevant departments such as natural resources, housing and urban and rural construction, culture, radio and television, and tourism, and report them to the Jiangnan District People’s Government for approval before promulgation.
Article 19 The responsible person shall be responsible for the protection of historical buildings within the protection scope of ancient towns. The person responsible for protection shall be determined in accordance with the following provisions:
(1) If it is owned by an individual, the owner is the person responsible for protection;
(two) collectively owned, rural collective economic organizations or villagers’ committees are responsible for protection;
(three) owned by the state, the management unit is the person responsible for protection;
(four) the ownership is unknown, and there is an actual user, and the actual user is the person responsible for protection; If there is no actual user, the ancient town protection management institution is the person responsible for protection.
The ancient town protection management institution shall sign a protection responsibility letter with the relevant protection responsible person, and clarify the protection requirements and related rights and obligations. Where the person responsible for protection changes, the ancient town protection management institution shall sign a separate protection responsibility letter with the successor within thirty days after the change.
Twentieth protection responsible person is responsible for the daily management, maintenance and safety protection of historical buildings; Ensure the integrity of historical buildings, and maintain the original facade, structural system, color and tone, basic plane layout and distinctive interior decoration of historical buildings.
When the person responsible for protection finds the danger that endangers the safety of historical buildings, he shall immediately take rescue measures and report to the ancient town protection management institution and Jiangxi Town People’s Government.
Twenty-first ancient town protection and management institutions shall conduct inspections on historical buildings, and if they find that they need to be repaired, they shall notify the person responsible for protection within five days.
The person responsible for protection shall maintain and repair historical buildings in accordance with the protection planning of ancient towns and the technical guidelines for external repair, and bear the maintenance and repair costs; Ancient town protection and management institutions shall, jointly with relevant departments, provide them with planning scheme design, construction site guidance and technical assistance.
Jiangnan District People’s Government may grant subsidies for the maintenance and repair of historical buildings, and the specific measures shall be formulated separately by Jiangnan District People’s Government.
Twenty-second units and individuals that have been approved to carry out construction activities within the protection scope of ancient towns shall formulate construction protection plans and report them to the ancient town protection management institutions for the record before construction.
Construction units and individuals shall take protective measures to protect cultural relics, historic buildings, ancient and famous trees and water landforms during the construction process, and shall not dump, scatter or pile up construction waste in non-designated places; After the construction is completed, the construction site shall be cleaned in time and restored to its original state.
Twenty-third core protected areas should be set up in accordance with the technical standards and norms of fire control fire control facilities, fire exits. If it cannot be set according to the standards and norms, the fire rescue agency shall, jointly with natural resources departments and ancient town protection and management agencies, formulate corresponding fire safety guarantee schemes and implement fire control measures.
Units and individuals within the protection scope of ancient towns shall do a good job in fire safety according to the requirements of fire safety.
Twenty-fourth ancient town protection and management institutions shall, in conjunction with relevant departments, prepare guidelines for the installation of outdoor facilities and equipment in ancient towns, and report them to the Jiangnan District People’s Government for approval and promulgation.
The installation of outdoor advertising facilities in the core protected areas, as well as the installation of air-conditioning facilities brackets and other facilities and equipment on the facade of the building, shall meet the requirements of the setting guidelines and be coordinated with the style of the ancient town.
Twenty-fifth core protected areas to implement vehicle traffic control. In addition to the registered production and living vehicles of residents in the core protected areas and special vehicles such as public security, fire fighting, ambulance, emergency rescue and sanitation, other vehicles are not allowed to enter without the approval of the ancient town protection and management institutions.
Vehicles driving into the core protected area shall be subject to the management of the ancient town protection and management institutions, drive along the prescribed routes and park in the designated areas.
Encourage the use of new energy vehicles to transport tourists in the ancient town control construction zone and the environmental coordination zone.
Twenty-sixth tourism, leisure facilities and business service outlets within the protection scope of ancient towns should be unified planning, rational layout and standardized setting.
Engaged in business services within the scope of protection of ancient towns shall be subject to the management of ancient town protection and management institutions, operate within the designated time and area, ensure that the business premises and facilities are clean and tidy, and shall not arbitrarily build facilities or place items in disorder.
Twenty-seventh residents within the protection of ancient towns and enterprises and individuals engaged in accommodation, catering, entertainment and other business activities, the disposal of garbage, discharge of sewage and lampblack should meet the relevant national and local standards.
Article 28 Holding non-large-scale mass activities within the protection scope of ancient towns shall not damage the buildings and public service facilities of ancient towns. May cause damage to the ancient town buildings and public facilities, the sponsor shall formulate a protection plan and set up necessary temporary protection facilities at the scene; After the activity, the temporary facilities shall be removed in time and restored to the original state.
The sponsor shall report the protection plan to the ancient town protection management institution for the record before the event is held.
Holding large-scale mass activities shall be implemented in accordance with relevant laws and regulations.
Twenty-ninth to encourage the following activities in accordance with the law within the scope of protection of ancient towns:
(1) Opening museums, exhibition halls and memorial halls;
(two) the establishment of traditional manual workshops, making folk crafts, traditional food, etc.;
(three) operating homestays, inns, etc.;
(four) to carry out the exhibition and trading of folk handicrafts;
(five) to hold traditional sports, recreational activities and folk customs and folk art performances;
(6) Holding traditional festivals;
(seven) other related activities conducive to the protection of ancient towns and the inheritance and development of traditional culture.
Thirtieth to encourage rural collective economic organizations to use idle land, housing and other resources to develop industries with the characteristics of promoting American cultural tourism.
Encourage rural collective economic organizations to guide villagers to make unified use of historical buildings in accordance with the law by means of homestead replacement, cooperative shareholding, leasing, etc., on the premise of meeting the protection plan of ancient towns.
Chapter IV Legal Liability
Thirty-first acts in violation of the provisions of this Ordinance, laws and regulations have legal liability provisions, from its provisions.
Article 32 Whoever, in violation of the provisions of the second paragraph of Article 10 of these regulations, damages or sets, moves or alters signs without authorization shall be ordered by the comprehensive administrative law enforcement department of urban management to make corrections; If no correction is made within the time limit, a fine of not less than ten thousand yuan but not more than fifty thousand yuan shall be imposed on the unit, and a fine of not less than one thousand yuan but not more than ten thousand yuan shall be imposed on the individual.
Thirty-third in violation of the provisions of the provisions of article fifteenth, one of the following circumstances in the core protected areas, the city management comprehensive administrative law enforcement department shall order it to make corrections; If no correction is made within the time limit, a fine shall be imposed in accordance with the following provisions:
(a) in the top of the building, balcony, platform, corridor and window hanging, piling up items that hinder the style of the ancient town, a fine of 50 yuan to 200 yuan;
(II) Where reflective materials are used at the top of the building and the facade facing the street, and steel houses, tin houses, water towers, solar facilities, safety nets or rain shelters are set up, a fine of not less than 100 yuan but not more than 1,000 yuan shall be imposed;
(3) Where dogs are kept, a fine of not less than 300 yuan but not more than 1,000 yuan shall be imposed on the unit, and a fine of not less than 100 yuan but not more than 300 yuan shall be imposed on the individual; Those who stock other livestock and poultry shall be fined between fifty yuan and five hundred yuan.
In violation of the provisions of the third paragraph of Article 15 of these regulations, if a tomb is newly built, rebuilt or expanded in the core protected area, the competent civil affairs department of Jiangnan District shall order it to stop the illegal act or move within a time limit, and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan on each tomb.
Thirty-fourth in violation of the provisions of this Ordinance, one of the following circumstances, the city management comprehensive administrative law enforcement departments shall be ordered to make corrections; Those who have a destructive impact on the traditional pattern, historical features or historical buildings shall be given administrative punishment according to law:
(a) in violation of the provisions of the second paragraph of article twenty-first, the responsible person fails to maintain and repair the historical building in accordance with the technical guidelines for external repair;
(two) in violation of the provisions of the second paragraph of article twenty-fourth, the establishment of related facilities and equipment in the core protected areas does not meet the requirements of the guidelines for the establishment of outdoor facilities in ancient towns.
Article 35 Whoever, in violation of the provisions of the second paragraph of Article 26 of these regulations, fails to operate within the specified time and area in accordance with the provisions within the protection scope of the ancient town, fails to keep the business premises and facilities clean and tidy, and arbitrarily builds facilities and places articles in disorder shall be ordered to make corrections by the comprehensive administrative law enforcement department of urban management; If no correction is made within the time limit, a fine of not less than five hundred yuan but not more than three thousand yuan shall be imposed.
Article 36 Whoever, in violation of the provisions of the first paragraph of Article 28 of these regulations, holds a non-large mass activity without setting up necessary temporary protection facilities at the site in accordance with the regulations, or fails to remove the temporary facilities in time after the activity, shall be ordered by the comprehensive administrative law enforcement department of urban management to make corrections. If it fails to make corrections within the time limit, it shall be fined from 200 yuan to 2,000 yuan. Damage to historic buildings in ancient towns shall be punished in accordance with relevant laws and regulations; Damage to non-historical buildings and public service facilities in ancient towns shall be compensated according to law, and a fine of more than 2,000 yuan and less than 20,000 yuan shall be imposed; If the circumstances are serious, a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed.
Article 37 Where relevant administrative departments, ancient town protection and management institutions and their staff abuse their powers, neglect their duties or engage in malpractices for selfish ends in the process of ancient town protection and management, the competent department at a higher level or the supervisory organ shall order them to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Article 38 These Regulations shall come into force as of May 1, 2022.
Related interpretation: