Flood Prevention Law of the People's Republic of China

Chapter I General provisions

　　Article 1 This Law is formulated for the purpose of preventing and controlling floods, preventing and mitigating disasters of floods and waterlogging, safeguarding the safety of people's lives and property and ensuring the smooth progress of socialist modernization。

　　Article 2 The principles of comprehensive planning, overall consideration, prevention first, comprehensive treatment and subordination of local interests to overall interests shall be followed in flood control work。

　　Article 3 The construction of flood control works shall be incorporated into the national economic and social development plan。

　　The cost of flood control shall be raised in accordance with the principle of combining government input with reasonable contribution by the beneficiaries。

　　Article 4 The development, utilization and protection of water resources shall be subject to the overall arrangements for flood control, and the principle of combining benefits with harms shall be followed。

　　The control of rivers and lakes and the construction of flood control works shall conform to the comprehensive planning of river basins and be combined with the comprehensive development of water resources in river basins。

　　The term "comprehensive plan" as used in this Law means a comprehensive plan for the development and utilization of water resources and the prevention and control of water disasters。

　　Article 5 The system of unified planning, hierarchical implementation and the combination of river basin management and administrative area management shall be adopted in flood control work according to river basin or region。

　　Article 6 All units and individuals shall have the obligation to protect flood control works and participate in flood control and flood fighting according to law。

　　Article 7 People's governments at various levels shall strengthen unified leadership over flood control work, organize relevant departments and units, mobilize social forces and rely on scientific and technological progress to control rivers and lakes in a planned way, take measures to strengthen the construction of flood control works and facilities and consolidate and improve flood control capacity。

　　People's governments at all levels shall organize relevant departments and units and mobilize social forces to do a good job in flood control and flood fighting and in the restoration and relief work after flood and waterlogging disasters。

　　People's governments at all levels shall support flood storage areas;After flood storage, compensation or assistance shall be provided in accordance with State regulations。

　　Article 8 The department of water administration under The State Council shall, under the leadership of The State Council, be responsible for the daily work of the organization, coordination, supervision and guidance of flood control throughout the country。The river basin management agencies established by the water conservancy administrative department under The State Council in the major rivers and lakes designated by the State shall, within the scope of their jurisdiction, exercise the functions of flood control coordination, supervision and management as provided for by laws and administrative regulations and authorized by the water conservancy administrative department under The State Council。

　　The competent administrative department for construction under The State Council and other relevant departments shall, under the leadership of The State Council, be responsible for the relevant flood control work in accordance with their respective functions and duties。

　　The department of water administration of the local people's government at or above the county level shall, under the leadership of the people's government at the same level, be responsible for the organization, coordination, supervision, guidance and other daily work of flood control within its administrative area。The competent administrative departments for construction under the local people's governments at or above the county level and other relevant departments shall, under the leadership of the people's governments at the same level, be responsible for the relevant flood control work in accordance with their respective functions and duties。

Chapter II Flood control planning

　　Article 9 Flood control planning refers to the overall arrangement formulated for the prevention and control of flood disasters in a certain river basin, river section or region, including flood control planning for river basins of important rivers and lakes determined by the State, flood control planning for other rivers, river sections and lakes and regional flood control planning。

　　Flood control planning shall be subject to the comprehensive planning of the river basin and region where it is located;Regional flood control planning shall be subject to the river basin flood control planning of the river basin。

　　Flood control planning is the basic basis for river and lake control and construction of flood control projects。

　　Article 10 Flood control plans for major rivers and lakes determined by the State shall be formulated by the department of water administration under The State Council on the basis of the comprehensive river basin plans for such rivers and lakes, in conjunction with relevant departments and the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government, and submitted to The State Council for approval。

　　Flood control planning for other rivers, river reaches and lakes or regional flood control planning，The water administration department of the local people's government at or above the county level shall be based on the comprehensive river basin planning and regional comprehensive planning respectively，It shall be prepared jointly with relevant departments and regions，Report to the people's government at the corresponding level for approval，It shall be reported to the competent department of water administration of the people's government at the next level for the record;Flood control plans for rivers, river sections and lakes across provinces, autonomous regions and municipalities directly under the Central Government shall be formulated by the relevant river basin administrative agencies in conjunction with the water administration departments and other relevant competent departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government where rivers, river sections and lakes are located，After examination by the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government, they have put forward their opinions，It shall be submitted to the department of water administration under The State Council for approval。

　　The urban flood control plan shall be formulated by the competent department of water administration, the competent department of construction administration and other relevant departments under the organization of the urban people's government on the basis of the river basin flood control plan and the regional flood control plan of the people's government at the next higher level, and shall be incorporated into the overall urban plan after approval according to the examination and approval procedures prescribed by The State Council。

　　Amendments to flood control plans shall be submitted to the original approving authorities for approval。

　　Article 11 A flood control plan shall be formulated，Should follow to ensure the focus, taking into account the general，And the principle of combining flood control and drought resistance, engineering measures and non-engineering measures，Full consideration of the flood law and upstream and downstream, left and right banks of the relationship and the national economy for flood control requirements，And coordinate with the overall planning of land use and land planning。

　　Flood control planning shall determine the objects of protection, control objectives and tasks, flood control measures and implementation plans, delimit the scope of flood plains, flood storage and detention areas and flood control protection areas, and stipulate the principles for the use of flood storage and detention areas。

　　Article 12 Local people's governments at or above the county level in coastal areas threatened by storm surges，Protection against storm surge should be incorporated into local flood control planning，We will strengthen the construction of storm surge protection systems such as sea walls (seawalls), tide gates and coastal shelterbelts，To supervise the design and construction of buildings and structures to meet the needs of storm surge protection。

　　Article 13 Local people's governments at or above the county level in areas where mountain landslides, collapses and mud-rock flows may be induced by mountain torrents and other areas where mountain torrents are prone，Departments responsible for the administration of geology and mineral resources, the competent department of water administration and other relevant departments shall be organized to conduct a comprehensive investigation into the hidden dangers of landslides, collapses and debris flows，Delimit key control areas，Take preventive measures。

　　The layout of cities, villages, towns and other settlements, factories, mines, railways and highways shall avoid the threat of mountain torrents;Those that have been built in places threatened by flash floods shall take defensive measures。

　　Article 14 The relevant local people's governments in flood-prone areas such as plains, depressions, water-network and polder areas, valleys and basins shall formulate plans for the prevention and control of waterlogging, organize relevant departments and units to take corresponding control measures, improve drainage systems, develop types and varieties of waterlogging tolerant crops, and carry out comprehensive treatment of flood, drought, salt and alkali。

　　Urban people's governments shall strengthen the construction and management of waterlogging drainage pipe networks and pumping stations in urban areas。

　　Article 15 The department in charge of water administration under The State Council shall, in conjunction with relevant departments and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, formulate plans for the regulation of the estuary of the Yangtze River, Yellow River, Pearl River, Liao River, Huaihe River and Haihe River into the sea。

　　Reclamation of land from the sea at the estuary of the estuary mentioned in the preceding paragraph shall conform to the estuary regulation plan。

　　Article 16 Land within the scope of land for river course improvement plans and dikes planned for construction as determined in flood control planning，It shall be approved by the land administrative department and the water administrative department jointly with the relevant regions，The report is subject to approval by the people's government at or above the county level within the limits of authority prescribed by The State Council，It may be designated as a planned reserve area;The land within the planning reserve area involves other project land，When approved by relevant land administrative departments and water administrative departments，The opinions of relevant departments should be sought。

　　After a planned reserve area is delimited in accordance with the provisions of the preceding paragraph, it shall be announced。

　　No industrial and mining engineering facilities unrelated to flood control shall be constructed in the planned reservation areas mentioned in the preceding paragraph;Under special circumstances, if the national industrial and mining construction project really needs to occupy the land in the planned reservation area mentioned in the preceding paragraph, it shall be submitted for approval in accordance with the procedures for capital construction prescribed by the State, and the opinions of the relevant water administrative departments shall be solicited。

　　Land within the scope of land used for expanding or opening artificial flood drainage channels as determined in flood control planning，The land administrative departments and water administrative departments of the people's governments at or above the provincial level shall be examined and approved jointly with relevant departments and regions，It shall be submitted to the people's government at or above the provincial level for approval within the limits of authority prescribed by The State Council，It can be designated as a planned reserve area，The preceding paragraph shall apply。

　　Article 17 The construction of flood control works, other water works and hydropower stations on rivers and lakes shall conform to the requirements of flood control planning;Reservoirs shall retain sufficient flood control storage capacity in accordance with the requirements of flood control planning。

　　Where the flood control projects and other water projects and hydropower stations mentioned in the preceding paragraph have not obtained the consent for planning signed by the relevant water administrative departments in line with the requirements of flood control planning, the construction unit shall not start construction。

Chapter three governance and protection

　　Article 18 For the prevention and control of river floods, both storage and discharge shall be applied, the flood discharge capacity of river courses and the function of reservoirs, lakes and lakes for flood control and storage shall be brought into full play, the protection of river courses shall be strengthened, and measures such as regular dredging and dredging shall be taken in light of local conditions to keep flood discharge unobstructed。

　　To prevent and control river floods, forest, grass and vegetation in river basins shall be protected and expanded, water sources shall be constrict, and soil and water conservation and comprehensive management of river basins shall be strengthened。

　　Article 19 The regulation of river courses and the construction of projects such as controlling and guiding the flow of river water and protecting banks shall take into account the relationship between upstream and downstream and between the left and right banks, and shall be carried out in accordance with the planned governing lines, and shall not arbitrarily change the flow of river water。

　　Planning and governing lines of major rivers designated by the State shall be drawn up by river basin administrative agencies and submitted to the water administration department under The State Council for approval。

　　Planning and governing lines for other rivers and river reaches shall be worked out by the department of water administration of the local people's government at or above the county level，Report to the people's government at the corresponding level for approval;Planning and governing lines for rivers and stretches of rivers that cross provinces, autonomous regions and municipalities directly under the Central Government and for river courses between provinces, autonomous regions and municipalities directly under the Central Government shall be worked out by the water administration departments of the provinces, autonomous regions and municipalities directly under the Central Government where rivers and stretches are located，After examination and submission of opinions by the people's governments of the relevant provinces, autonomous regions and municipalities，It shall be submitted to the department of water administration under The State Council for approval。

　　Article 20 Where the regulation of river courses and lakes involves waterways, consideration shall be given to the needs of shipping, and the opinions of the competent department of transportation shall be sought in advance。The regulation of the waterway shall conform to the safety requirements for flood control of rivers and lakes, and the opinions of the department of water administration shall be sought in advance。

　　Where rivers and fishery waters where bamboo and wood are exiled are regulated, consideration shall be given to the needs of bamboo and wood water transport and fishery development, and the opinions of forestry and fishery administrative departments shall be sought in advance。The exile of bamboo and wood in river courses shall not affect the safety of flood discharge and flood control works。

　　Article 21 The management of river courses and lakes shall follow the principle of combining unified management by water system with hierarchical management, strengthening protection and ensuring smooth flow。

　　The main reaches of important rivers and lakes determined by the state，Important rivers and lakes across provinces, autonomous regions and municipalities directly under the Central government，River courses, lakes and national (border) boundary rivers and lakes between provinces, autonomous regions and municipalities directly under the Central Government，The river basin management agency and the water administration department of the people's government of the province, autonomous region or municipality directly under the Central government where the rivers and lakes are located shall administer the rivers and lakes according to the demarcation made by the water administration department under The State Council。Other river courses and lakes shall be managed according to law by the department of water administration of the local people's government at or above the county level in accordance with the demarcation of the department of water administration under The State Council or the agency authorized by the department of water administration under The State Council。

　　The scope of administration of river courses and lakes with embankments shall include the waters, sandbanks, beaches, flood areas, embankments and berms between the embankments on both banks;The scope of administration of rivers and lakes without embankments shall be the waters, sandbanks, beaches and flood flow areas between the highest flood level in history or the designed flood level。

　　The scope of river courses and lakes under the direct management of river basin management agencies shall be defined by river basin management agencies in conjunction with relevant local people's governments at or above the county level in accordance with the provisions of the preceding paragraph.The scope of control of other river courses and lakes shall be defined by the relevant local people's governments at or above the county level in accordance with the provisions of the preceding paragraph。

　　Article 22 The utilization of land and shoreline within the scope of the administration of river courses and lakes shall conform to the requirements for flood discharge and water transport。

　　It is prohibited to construct buildings and structures that impede flood discharge, dump garbage and muck, and engage in other activities that affect the stability of river regime, endanger the safety of river banks and embankments, and impede flood discharge in river courses within the scope of control of river courses and lakes。

　　It is prohibited to plant trees and tall stalk crops that impede flood discharge in flood discharge channels。

　　In river sections where the navigation of ships may endanger the safety of embankments, the speed shall be limited。Signs limiting speed shall be set up after agreement between the competent department of communications and the competent department of water administration。

　　Article 23 It is forbidden to build land by encircling lakes。Where land has been reclaimed, it shall be controlled in accordance with the flood control standards prescribed by the State and the land shall be returned to lakes in a planned way。

　　Reclamation of river courses is prohibited。Where reclamation is really necessary, scientific demonstration shall be carried out, and after confirmation by the department of water administration that it does not impede flood discharge and water transport, it shall be submitted to the people's government at or above the provincial level for approval。

　　Article 24 The local people's governments shall, in a planned way, organize the relocation of residents living in the flood course。

　　Article 25 Forest trees on the banks of embankments shall be constructed and managed by the administrative bodies for river courses and lakes。Forest trees on embankments and banks shall not be cut down arbitrarily。Cutting trees on the bank of embankments shall go through the formalities for licensing cutting according to law, and complete the tasks of renewal and replanting as prescribed。

　　Article 26 For Bridges, approaches, wharfs and other cross-river engineering facilities that are seriously choked or blocked by water, the relevant departments of water administration may, according to the standards for flood control, report to the people's governments at or above the county level to order the construction units to rebuild or dismantle them within a time limit according to the limits of authority prescribed by The State Council。

　　Article 27 Bridges, wharves, roads, ferries, pipelines, cables, water intake, drainage and other engineering facilities shall be constructed across rivers, rivers, embankments and rivers，It shall comply with flood control standards, shoreline planning, shipping requirements and other technical requirements，It shall not endanger the safety of levees, affect the stability of river regime or obstruct the smooth flow of flood;The project construction plan has not been examined and approved by the relevant water administrative department in accordance with the aforesaid requirements for flood control，The construction unit shall not start construction。

　　The engineering facilities mentioned in the preceding paragraph shall occupy land within the scope of the management of river courses and lakes，Spanning a river course, lake space, or river bed，The construction unit shall be subject to the examination and approval of the location and limits of the construction of the project facilities by the relevant water administrative department，Only then can the commencement procedures be completed according to law;When arranging construction，It shall be carried out in accordance with the position and limits examined and approved by the water administrative department。

　　Article 28 The department in charge of water administration shall have the right to inspect the construction facilities within the scope of control of river courses and lakes in accordance with the provisions of this Law;When the water administrative department inspects, the inspected person shall truthfully provide the relevant information and data。

　　When the construction facilities specified in the preceding paragraph are completed and inspected, the water administrative department shall participate。

Chapter IV Administration of flood control areas and flood control engineering facilities

　　Article 29 Flood control areas refer to areas that may be inundated by floods, which are divided into flood plain areas, flood storage areas and flood control protection areas。

　　A floodplain is an area covered by flood waters that is not protected by engineering facilities。

　　Flood detention areas refer to low-lying areas and lakes where flood waters are temporarily stored outside the back of river levees including flood diversion outlets。

　　Flood protection area refers to the area protected by flood control works within the flood control standards。

　　The scope of flood plains, flood storage areas and flood control protection areas shall be delimited in flood control planning or flood prevention schemes, and shall be announced after approval by the people's governments at or above the provincial level in accordance with the limits of authority prescribed by The State Council。

　　Article 30 The people's governments at all levels shall, in accordance with the flood control plans, administer the land use in flood control areas in different areas。

　　Article 31 Local people's governments at various levels shall strengthen their leadership over the work of safety construction of flood control areas，To organize relevant departments and units to conduct flood control education for units and residents in flood control areas，Popularize flood control knowledge，Raise flood awareness;Establish and improve flood control systems and hydrological, meteorological, communication, early warning and flood disaster monitoring systems in accordance with flood control planning and flood prevention programs，Improving flood defences;Organize units and residents in flood control areas to take an active part in flood control work，Flood prevention and flood avoidance measures shall be taken in accordance with local conditions。

　　Article 32 The people's governments of the provinces, autonomous regions and municipalities directly under the Central Government where flood plains and flood storage areas are located shall organize relevant districts and departments，In accordance with the requirements of flood control planning，To formulate plans for the safe construction of flood plains and flood storage areas，Control population growth in flood storage areas，For residents living in frequently used flood storage areas，Organize outward migration in a planned way，And take other necessary safety protection measures。

　　Areas and units that directly benefit from flood storage and detention areas shall undertake the obligations of compensation and assistance provided by the State for the flood storage and detention areas。The State Council and the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government shall establish a system of support, compensation and relief for flood storage areas。

　　The State Council and the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government may formulate measures for the administration of safety construction in flood plains and flood storage and detention areas, as well as measures for supporting, compensating and assisting flood storage and detention areas。

　　Article 33 In the construction of non-flood control construction projects in flood plains and flood storage and detention areas, an assessment shall be made of the possible impact of flood on the construction project and the possible impact of the construction project on flood control, a flood impact assessment report shall be prepared and preventive measures shall be put forward。If the flood impact assessment report is not examined and approved by the relevant water administrative department, the construction unit shall not start construction。

　　For oil fields, railways, highways, mines, power plants, telecommunication facilities and pipelines built in flood detention areas, their flood impact assessment reports shall include flood prevention and flood avoidance schemes arranged by the construction units themselves。When a construction project is put into production or use, its flood control works shall be subject to acceptance by the department in charge of water administration。

　　Buildings built in flood storage areas shall adopt flat-roofed structures。

　　Article 34 Large and medium-sized cities, important railway and highway trunk lines and large backbone enterprises shall be listed as key points of flood control to ensure safety。

　　Cities, economic development zones, industrial and mining areas and important national agricultural production bases that are threatened by floods shall be protected with special emphasis and necessary flood control works and facilities shall be built。

　　In urban construction, it is not allowed to fill in existing river channels, gullies, storage lakes and ponds or abolish existing flood control embankments without authorization。If it is really necessary to fill up or abolish, it shall be approved by the urban people's government。

　　Article 35 Flood control works owned by the State shall, in accordance with their approved designs, be demarcated for administration and protection by the people's governments at or above the county level in accordance with the provisions of the State before completion and acceptance。

　　For flood control works owned by collectives, the scope of protection shall be delimited in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。

　　Within the scope of protection of flood control works, activities endangering the safety of flood control works, such as blasting, drilling Wells, quarrying and collecting soil, shall be prohibited。

　　Article 36 People's governments at all levels shall organize relevant departments to strengthen the regular inspection, supervision and management of reservoir DAMS。For dangerous DAMS that fail to meet the design flood standards, seismic fortification requirements or have serious quality defects, the competent department of DAMS shall organize the relevant units to take measures to eliminate risks and strengthen them, eliminate risks or rebuild them within a time limit, and the relevant people's governments shall give priority to arranging the necessary funds。For reservoirs that may collapse, emergency rescue and temporary evacuation plans for residents shall be formulated in advance。

　　The people's governments at all levels and the relevant competent departments shall strengthen the supervision and administration of tailings DAMS and take measures to avoid dam failure due to flood。

　　Article 37 No unit or individual may destroy, occupy or damage such flood control works as DAMS, embankments, sluices, bank revetments, pumping stations and drainage canal systems of reservoirs, hydrological and communication facilities and spare equipment and materials for flood control。

Chapter V Flood control and flood Fighting

　　Article 38 The administrative heads of the people's governments at all levels shall be responsible for the work of flood control and flood fighting, with unified command and responsibility divided into different levels and departments。

　　Article 39 The State Council establishes a State flood control command organization, which is responsible for leading and organizing the work of flood control and flood fighting throughout the country, and its office is located in the water administration department under The State Council。

　　Flood control command bodies composed of the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central government and heads of river basin management bodies of such rivers and lakes may be set up in important rivers and lakes designated by the State。

　　Local people's governments at or above the county level with flood control and flood fighting tasks shall establish flood control command organs composed of heads of relevant departments, local garrisons and people's armed forces departments，Under the leadership of the flood control headquarters at a higher level and the people's government at the same level，To direct the work of flood control and flood fighting in local areas，Its office is set up in the water administrative department at the same level;In necessity，By decision of the people's government of the city，The flood control headquarters may also set up offices in urban areas within the construction administrative departments，Under the unified leadership of the flood control headquarters，To be responsible for the daily work of flood control and flood fighting in urban areas。

　　Article 40 Local people's governments at or above the county level with flood control and flood fighting tasks shall, in accordance with comprehensive river basin plans, actual conditions of flood control projects and flood control standards prescribed by the State, formulate flood prevention programs (including measures for the disposal of extremely heavy floods)。

　　Flood prevention plan for Yangtze River, Yellow River, Huaihe River and Haihe River，Formulated by the State flood control headquarters，Submit to The State Council for approval;Flood prevention plans for other rivers across provinces, autonomous regions and municipalities directly under the Central Government，It shall be formulated by relevant river basin management agencies in conjunction with the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government，It shall be submitted to The State Council or the relevant department authorized by The State Council for approval。After the flood prevention plan is approved, the local people's government concerned must implement it。

　　Flood control command organs at all levels and departments and units tasked with flood control and flood fighting shall make preparations for flood control and flood fighting in accordance with flood prevention plans。

　　Article 41 The flood control headquarters of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the local flood laws, prescribe the beginning and ending dates of the flood season。

　　When the water level of a river or lake approaches the guaranteed water level or the safe flow, or the water level of a reservoir approaches the designed flood level, or a major danger occurs to a flood control project facility, the flood control headquarters of the relevant people's government at or above the county level may declare an emergency flood control period。

　　Article 42 Obstacles obstructing flood discharge within river courses and lakes shall be ordered by the flood control headquarters to be removed within a time limit in accordance with the principle of whoever has set up the obstacles and whoever has removed them.If the obstructions are not removed within the time limit, the flood control headquarters shall organize the removal by force, and the expenses incurred shall be borne by the obstructers。

　　During the emergency flood control period, the State flood control headquarters or the flood control headquarters of river basins, provinces, autonomous regions and municipalities directly under the Central Government authorized by them shall have the right to make emergency treatment of Bridges, approaches, wharfs and other cross-river engineering facilities that are seriously choked or blocked by water。

　　Article 43 In flood season，Relevant departments of meteorology, hydrology and oceanography shall act in accordance with their respective functions and duties，Provide timely weather, hydrology and other real-time information and storm surge forecast to the relevant flood control headquarters;The telecommunication department shall give priority to the provision of flood control and flood fighting communications services;Departments concerned with transportation, electric power and supply of materials and materials shall give priority to providing services for flood control and flood fighting。

　　The Chinese People's Liberation Army, the Chinese People's Armed Police Force and the militia shall carry out flood fighting and rescue tasks entrusted by the state。

　　Article 44 During the flood season, the operation of reservoirs, sluices and DAMS and other water engineering facilities must be subject to the operation, command and supervision of the relevant flood control headquarters。

　　During the flood season, a reservoir may not store water above the restricted water level in the flood season without authorization, and the use of the flood control storage capacity above the restricted water level in the flood season must be subject to the dispatching command and supervision of the flood control headquarters。

　　During the flood season, the discharge of water from the upstream reservoirs of rivers with the task of flood prevention must be approved by the relevant flood control headquarters and subject to their supervision。

　　Article 45 During the emergency flood control period，Flood control headquarters according to the needs of flood control and flood fighting，It has the right to invoke materials, equipment, means of transport and manpower within its jurisdiction，Decide to take land acquisition, cut down trees, remove water obstructions and other necessary emergency measures;In necessity，Public security, communications and other relevant departments shall follow the decisions of the flood control headquarters，Land and water traffic control will be implemented in accordance with the law。

　　The materials, equipment, means of transport, etc. that are used in accordance with the provisions of the preceding paragraph shall be returned in a timely manner after the flood season is over;If it is damaged or cannot be returned, appropriate compensation or other measures shall be taken in accordance with the relevant provisions of The State Council。Those who take land and occupy land or cut down trees shall go through the formalities with the relevant departments after the flood season is over according to law;The local people's governments concerned shall organize land reclamation after land acquisition and replanting of felled trees。

　　Article 46 The water level or discharge of rivers and lakes shall reach the flood diversion standards prescribed by the State，When the flood storage area needs to be enabled，The State Council，State flood control command，River basin flood control command，People's governments of provinces, autonomous regions and municipalities directly under the Central Government，Flood control headquarters of provinces, autonomous regions and municipalities directly under the Central Government，In accordance with the conditions and approval procedures specified in the legally approved flood prevention plan，Decided to activate the flood storage area。No unit or individual may obstruct or delay the use of flood storage areas in accordance with law;In case of obstruction or delay, the relevant local people's government at or above the county level shall enforce the law。

　　Article 47 After a flood or waterlogging disaster occurs, the people's governments concerned shall organize relevant departments and units to do a good job in disaster relief work, such as providing for daily necessities, health and epidemic prevention, supplying materials for disaster relief, administration of public security, reopening schools, resuming production and rebuilding homes, as well as repairing various water-damaged engineering facilities in the areas under their jurisdiction。The restoration of flood control works damaged by floods shall be prioritized in the annual construction plans of relevant departments。

　　The State encourages and supports the development of flood insurance。

Chapter VI Safeguards

　　Article 48 People's governments at all levels shall take measures to raise the overall level of investment in flood control。

　　Article 49 The investment required for the control of rivers and lakes and for the construction and maintenance of flood control works and facilities shall be borne by the central and local governments at different levels in accordance with the principle of the unification of administrative and financial powers。The investment required for the construction and maintenance of urban flood control works shall be borne by the urban people's governments。

　　Enterprises and institutions in areas threatened by flood such as oil fields, pipelines, railways, highways, mines, electric power and telecommunications shall raise funds by themselves to build necessary flood control and self-protection projects。

　　Article 50 The central finance shall arrange funds for flood fighting and rescue and for repairing flood control works damaged by floods when the dikes and DAMS of major rivers and lakes designated by the State are hit by extremely heavy floods and waterlogging disasters。The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall allocate funds in their financial budgets for flood fighting and rescue operations in areas hit by extremely heavy floods and waterlogging disasters within their respective administrative areas and for the repair of flood control works damaged by floods。

　　Article 51 The State shall establish water conservancy construction funds for the maintenance and construction of flood control works and water conservancy projects。Specific measures shall be formulated by The State Council。

　　Provinces, autonomous regions and municipalities threatened by floods may, in accordance with the relevant provisions of The State Council, stipulate fees for the construction and maintenance of river course projects within flood control protection areas for the purpose of strengthening the construction and installation of flood control works within their respective administrative areas and improving their flood prevention capabilities。

　　Article 52 No unit or individual may withhold or misappropriate funds and materials for flood control and disaster relief。

　　Auditing institutions of the people's governments at all levels shall strengthen auditing and supervision over the use of funds for flood control and disaster relief。

Chapter VII Legal liability

　　Article 53 Violation of Article 17 of this Law，The planning consent has not been signed by the water administrative department，Unauthorized construction of flood control works or other water projects or hydropower stations on rivers or lakes，Order to stop the illegal act，Go through the formalities of planning consent;Breach of planning consent requirements，Seriously affecting flood control，Order dismantlement within a time limit;Breach of planning consent requirements，Affecting flood control but for which remedial measures can be taken，Order remedial measures to be taken within a time limit，A fine of not less than 10,000 yuan but not more than 100,000 yuan may be imposed。

　　Article 54 Whoever, in violation of the provisions of Article 19 of this Law, fails to regulate a river course in accordance with the planned governing lines or to build works to control and guide the flow of river water or protect embankments, thereby affecting flood control, shall be ordered to stop his illegal acts, restore to the original state or take other remedial measures, and may be fined for an amount of not less than 10,000 yuan but not more than 100,000 yuan。

　　Article 55 Whoever, in violation of the provisions of the second and third paragraphs of Article 22 of this Law, commits any of the following acts shall be ordered to stop his illegal acts, remove obstacles or take other remedial measures, and may be imposed a fine of not more than 50,000 yuan:

　　(1) constructing buildings or structures that impede flood discharge within the scope of control of river courses or lakes;

　　(2) Dumping garbage or muck within the scope of control of river courses or lakes, or engaging in other activities that affect the stability of river conditions, endanger the safety of river banks and embankments, and impede the flood discharge of river courses;

　　(3) planting trees or tall stalk crops that impede flood discharge in the flood discharge river course。

　　Article 56 Violation of the provisions of Article 15, paragraph 2 and Article 23 of this Law，Reclaiming land from the sea, reclaiming land from lakes or reclaiming river courses，Order to stop the illegal act，Restitution or other remedial measures，May be imposed a fine of not more than 50,000 yuan;Neither restitution nor other remedial measures are taken，Restitution or other remedial measures，The cost shall be borne by the offender。

　　Article 57 Violation of the provisions of Article 27 of this Law，Without the examination and approval of the project construction plan by the water administrative department or without the examination and approval by the relevant water administrative department, the location and boundary，Engaging in construction of engineering facilities within the scope of the administration of river courses and lakes，Order to stop the illegal act，Go through the formalities for approval or approval of examination;The construction of engineering facilities seriously affects flood control，Ordered demolition，Those that are not dismantled within the time limit，Forced demolition，The necessary expenses shall be borne by the construction unit.Those that affect flood flow but can still take remedial measures，Order remedial measures to be taken within a time limit，A fine of not less than 10,000 yuan but not more than 100,000 yuan may be imposed。

　　Article 58 Those who, in violation of the provisions of paragraph 1 of Article 33 of this Law, construct non-flood control construction projects in flood plains or flood storage and detention areas without preparing flood impact assessment reports or without examining and approving the commencement of construction, shall be ordered to make corrections within a time limit;Whoever fails to make corrections within the time limit shall be fined not more than 50,000 yuan。

　　Whoever, in violation of the provisions of the second paragraph of Article 33 of this Law, is about to put into production or use a flood control construction project without acceptance inspection, shall be ordered to stop production or use, check and accept flood control construction facilities within a time limit, and may be imposed a fine of not more than 50,000 yuan。

　　Article 59 Whoever, in violation of the provisions of Article 34 of this Law, arbitrarily fills up existing river channels, furrows, storage lakes and ponds or abolishes existing flood control embankments for urban construction, shall be ordered by the urban people's government to stop the illegal act, restore the original state within a time limit or take other remedial measures。

　　Article 60 Violation of the provisions of this Law，Destroying, occupying or damaging flood control works such as levees, sluices, bank revetment, pumping stations, drainage canal systems, hydrological and communication facilities, as well as spare equipment and materials for flood control，Order to stop the illegal act，Take remedial action，May be imposed a fine of not more than 50,000 yuan;damaging，To bear civil liability according to law;Those who should be given administrative penalties for public security，Punishment in accordance with the provisions of the Law on Administrative Penalties for Public Security;criminal，Criminal responsibility shall be investigated according to law。

　　Article 61 Whoever obstructs or threatens the personnel of the flood control command office, the water administration department or the river basin management office in performing their duties according to law, if the case constitutes a crime, shall be investigated for criminal responsibility according to law;If the case does not constitute a crime and should be given administrative punishment for public security, it shall be punished in accordance with the provisions of the Law on Administrative Penalties for Public Security。

　　Article 62 Whoever intercepts or misappropriates funds and materials for flood control and disaster relief, if the case constitutes a crime, shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be imposed。

　　Article 63 Except as provided for in Article 59 of this Law, the administrative penalties and administrative measures provided for in this Chapter shall be decided by the department of water administration of the people's government at or above the county level, or by the river basin management authority in accordance with the limits of authority provided by the department of water administration under The State Council。However, the organs that decide on administrative penalties for public security as provided for in Articles 60 and 61 of this Law shall implement them in accordance with the provisions of the Law on Administrative Penalties for public Security。

　　Article 64 Any State functionary who commits any of the following acts, which constitutes a crime, shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be imposed:

　　(1) violating the provisions of Article 17, Article 19, the second paragraph of Article 22, the third paragraph of Article 22, Article 27 or Article 34 of this Law, seriously affecting flood control;

　　(2) abuse of power, neglect of duty, favoritism and malpractice, resulting in heavy losses in flood control and flood fighting;

　　(3) refusing to implement flood prevention plans, flood prevention and rescue instructions, flood storage and detention plans, measures, flood season operation plans and other flood prevention and control plans;

　　(4) Violating the provisions of this Law, causing or aggravating flood losses in adjacent areas or other units。

Chapter VIII Supplementary Provisions

　　Article 65 This Law shall enter into force as of January 1, 1998。