（Promulgated by Decree No. 474 of the State Council of the People's Republic of China on September 19, 2006
According tothe Decision of the State Council on Amending Certain Administrative Regulations on February 6, 2016, revised.
Chapter 1 General Provisions
Article 1These Regulations are formulated to strengthen the management of scenic and historic interest areas, effectively protect and reasonably utilize their resources.
Article 2These Regulations apply to the establishment, planning, protection, utilization, and management of scenic areas.
The scenic and historic interest areas referred to in these Regulations are regions with natural and cultural landscapes of high concentration, aesthetic, cultural, or scientific value, where the environment is beautiful and suitable for sightseeing or scientific and cultural activities.
Article 3The state applies the principles of scientific planning, unified management, strict protection, and sustainable utilization to scenic areas.
Article 4The administrative body for the scenic area, established by the local people's government at or above the county level where the scenic area is located, is responsible for the protection, utilization, and unified management of the scenic area.
Article 5The competent construction department under the State Council is responsible for the supervision and administration of national scenic areas. Other relevant departments under the State Council shall, in accordance with the division of duties prescribed by the State Council, be responsible for the relevant supervision and administration of scenic areas.
The construction administration departments of provincial and autonomous regional governments and the scenic and historic interest area administration departments of municipalities directly under the central government are responsible for supervising and managing the scenic and historic interest areas within their respective administrative regions. Other relevant departments of provincial, autonomous regional, and municipal governments directly under the central government are responsible for related supervision and management work of the scenic and historic interest areas according to their respective duties as stipulated.
Article 6All units and individuals have the obligation to protect scenic resources and have the right to stop and report acts that damage scenic resources.
Chapter II Establishment
Article 7The establishment of scenic areas should facilitate the protection and rational utilization of scenic resources.
Newly established scenic areas and nature reserves shall not overlap or intersect; where already established scenic areas and nature reserves overlap or intersect, the planning of the scenic areas shall be coordinated with that of the nature reserves.
Article 8Scenic areas are categorized into national scenic areas and provincial scenic areas.
Natural and cultural landscapes that reflect significant natural changes or major historical and cultural developments, are largely in their natural state or maintain their original historical appearance, and possess national representativeness may apply to be designated as national scenic areas; those with regional representativeness may apply to be designated as provincial scenic areas.
Article 9To apply for the establishment of a scenic area, the following materials should be submitted:
(1) The basic status of scenic and historic resources;
(2) The proposed scope of the scenic area and the core scenic zone;
(3) The nature and conservation objectives of the proposed scenic area;
(4) The visitation conditions of the proposed scenic area;
(v) The content and results of negotiations with the owners or users of natural resources such as land and forests, as well as properties like houses, within the proposed scenic area.
Article 10The establishment of a national scenic area shall be proposed by the people's government of a province, autonomous region, or municipality directly under the central government. The competent construction department of the State Council, in conjunction with the competent environmental protection, forestry, cultural relics departments, and other relevant departments, shall organize evaluations, submit review opinions, and report to the State Council for approval and announcement.
The establishment of a provincial scenic area shall be proposed by the people's government at the county level. The competent construction department of the provincial or autonomous regional people's government, or the competent scenic area department of the municipal people's government directly under the central government, in conjunction with other relevant departments, shall organize evaluations, submit review opinions, and report to the people's government of the province, autonomous region, or municipality directly under the central government for approval and announcement.
Article 11The legitimate rights and interests of owners and users of natural resources such as land and forests, as well as properties like houses within scenic areas, are protected by law.
The local people's government applying for the establishment of a scenic area shall fully consult with the owners and users of natural resources such as land and forests, as well as properties like houses within the scenic area before submitting the application for approval.
Compensation shall be provided in accordance with the law for any losses incurred by the owners and users of natural resources such as land and forests, as well as properties like houses within the scenic area due to its establishment.
Chapter III Planning
Article 12The planning for a scenic area is divided into master planning and detailed planning.
Article 13The formulation of the master plan for scenic areas shall embody the requirements of harmonious coexistence between humans and nature, coordinated regional development, and comprehensive socio-economic progress. It shall adhere to the principle of prioritizing protection, with development subordinate to conservation, and highlight the natural characteristics, cultural connotations, and local distinctiveness of scenic resources.
The master plan for scenic areas shall include the following contents:
(1) Evaluation of scenic resources;
(2) Ecological resource protection measures, layout of major construction projects, and intensity of development and utilization.
(3) Functional structure and spatial layout of the scenic area;
(4) Areas designated for prohibited or restricted development;
(5) Visitor capacity of the scenic area;
(6) Relevant specialized plans.
Article 14Scenic areas shall complete the preparation of their master planswithin 2 years from the date of establishment. The planning period of a master plan is generally 20 years.
Article 15The detailed planning of scenic areas shall be formulated according to the different requirements of core scenic areas and other scenic areas. It shall determine the site selection, layout, and scale of construction projects such as infrastructure, tourism facilities, and cultural facilities, and clarify the scope of construction land and planning design conditions.
The detailed planning of scenic areas shall conform to the overall planning of scenic areas.
Article 16The planning for national-level scenic areas shall be organized and prepared by the construction authorities of provincial or autonomous regional governments or the scenic area authorities of municipal governments directly under the central government.
Provincial scenic area plans are organized and prepared by the county-level people's government.
Article 17The preparation of scenic area plans shall adopt fair competition methods such as bidding to select qualified entities with corresponding competency levels to undertake the task.
Scenic area plans shall be prepared in accordance with the approved scope, nature, and conservation objectives of the scenic area, following relevant national laws, regulations, and technical standards.
Article 18The preparation of scenic area plans shall solicit extensive opinions from relevant departments, the public, and experts; public hearings shall be conducted when necessary.
The materials submitted for the approval of scenic area planning shall include opinions from all sectors of society, as well as the status of their adoption and the reasons for any non-adoption.
Article 19The master plan for a national-level scenic area shall be reviewed by the people's government of the relevant province, autonomous region, or municipality directly under the central government before being submitted to the State Council for approval.
The detailed plan for a national-level scenic area shall be submitted by the competent construction department of the people's government of the relevant province or autonomous region, or the competent scenic area department of the people's government of the relevant municipality directly under the central government, to the competent construction department of the State Council for approval.
Article 20The master plan of a provincial scenic area shall be approved by the people's government of the relevant province, autonomous region, or municipality directly under the Central Government and filed with the competent construction department of the State Council for record.
The detailed planning of provincial-level scenic areas shall be subject to approval by the construction department of the provincial or autonomous regional government or the scenic area administrative department of the municipal government directly under the central government.
Article 21Once the scenic area planning is approved, it shall be made public, and any organization or individual has the right to access it.
Units and individuals within the scenic area shall comply with the approved scenic area planning and adhere to the planning management.
Construction activities within a scenic area are prohibited if the area's planning has not been approved.
Article 22Approved scenic area plans must not be altered without authorization. If modifications to the scenic area's general plan are necessary—such as changes to its boundaries, nature, conservation objectives, ecological protection measures, major project layouts, development intensity, functional structure, spatial arrangement, or visitor capacity—approval from the original approving authority is required. For other modifications, they must be reported to the original approving authority for record-keeping.
If revisions to the detailed plan of a scenic area are necessary, approval from the original approving authority must be obtained.
Should the government or government departments modify the scenic area plan, resulting in property losses for citizens, legal entities, or other organizations, compensation shall be provided in accordance with the law.
Article 23Two years before the expiration of the master plan for a scenic area,the authority responsible for organizing the plan's preparation shall conduct an expert assessment to decide whether to revise the plan. The original plan remains effective until the new plan is approved.
Chapter 4 Protection
Article 24The landscapes and natural environment within scenic areas shall be strictly protected in accordance with the principle of sustainable development, and must not be damaged or arbitrarily altered.
The administrative bodies of scenic areas shall establish and improve various management systems for the protection of scenic resources.
Residents and visitors within scenic areas shall protect the scenic features, water bodies, vegetation, wildlife, and all facilities within these areas.
Article 25The administrative authority of a scenic area shall conduct surveys and evaluations of significant landscapes within the area and formulate corresponding protection measures.
Article 26 %% The following activities are prohibited within scenic areas: %% (1) Activities that damage the landscape, vegetation, or terrain, such as mountain blasting, stone quarrying, mining, land reclamation, tomb construction, or erecting monuments; %% (2) Constructing facilities for storing explosive, flammable, radioactive, toxic, or corrosive materials;The following activities are prohibited within scenic areas:
(1) Activities that damage landscapes, vegetation, or landforms, such as mountain blasting, quarrying, mining, land reclamation, or erecting tombstones;
(2) Constructing facilities for storing explosive, flammable, radioactive, toxic, or corrosive materials;
(3) Carving or smearing on scenic features or facilities;
(4) Littering.
Article 27It is prohibited to violate the scenic area planning by establishing various types of development zones within scenic areas or constructing hotels, guesthouses, training centers, sanatoriums, and other buildings unrelated to the protection of scenic resources in core scenic areas. For existing constructions, relocation shall be carried out gradually in accordance with the scenic area planning.
Article 28Construction activities within scenic areas that are not prohibited under Articles 26 and 27 of these regulations shall be subject to approval by the scenic area management authority and must undergo the requisite approval procedures in accordance with relevant laws and regulations.
For the construction of major projects such as cable cars and ropeways within national-level scenic areas, the site selection plan shall be submitted to the competent construction departments of the provincial or autonomous regional governments and the scenic area authorities of municipalities directly under the central government for approval.
Article 29The following activities within scenic areas shall be subject to review by the scenic area management authority before being submitted to the relevant competent departments for approval in accordance with applicable laws and regulations:
(1) Setting up or posting commercial advertisements;
(2) Organizing large-scale recreational activities and similar events;
(3) Activities that alter the natural state of water resources or the aquatic environment;
(IV) Other activities that affect the ecological environment and landscape.
Article 30Construction projects within scenic areas shall conform to the scenic area planning and harmonize with the landscape. They must not damage the scenery, pollute the environment, or hinder tourism activities.
For construction activities within scenic areas, the construction and施工单位 must develop pollution control and soil conservation plans, and take effective measures to protect surrounding scenery, water bodies, vegetation, wildlife resources, and landforms.
Article 31The state shall establish a management information system for scenic areas to dynamically monitor the implementation of scenic area planning and the protection of resources.
The administrative authority of a national-level scenic area shall annually report to the construction department under the State Council on the implementation of the scenic area's plan and the protection of natural resources such as land and forests; the construction department under the State Council shall promptly forward the information on the protection of natural resources such as land and forests to the relevant departments under the State Council.
Chapter 5: Utilization and Management
Article 32The management authority of scenic areas shall, based on the characteristics of the scenic area, protect ethnic folk traditional culture, promote healthy and beneficial tourism and cultural entertainment activities, and popularize historical, cultural, and scientific knowledge.
Article 33The administrative body of a scenic area shall, in accordance with the scenic area plan, rationally utilize the scenic resources to improve transportation, service facilities, and visitor conditions.
The management agency of a scenic area shall set up signs for the scenic area, including road signs and safety warning signs, within the area.
Article 34The management of religious sites within scenic areas shall comply with the relevant national regulations governing religious activity venues.
For matters concerning the protection, utilization, and management of natural resources, cultural relic preservation, and nature reserve management within scenic areas, the relevant national laws and regulations shall also apply.
Article 35The competent construction department of the State Council shall conduct supervision, inspection, and evaluation of the implementation of planning and the status of resource protection in national-level scenic areas. Any issues identified shall be promptly corrected and addressed.
Article 36The administrative authority of a scenic area shall establish and improve safety guarantee systems, strengthen safety management, ensure visiting safety, and supervise the business entities within the scenic area to accept supervision and inspection by relevant departments in accordance with laws and regulations.
It is prohibited to exceed the permitted capacity in admitting tourists or to conduct tourism activities in areas without safety guarantees.
Article 37Admission tickets to scenic areas shall be sold by the administrative authority of the scenic area. The ticket prices shall be determined in accordance with the relevant laws and regulations on pricing.
Transportation and service projects within scenic areas shall be assigned to operators through fair competition methods such as bidding, conducted by the administrative authority of the scenic area in accordance with relevant laws, regulations, and the planning of the scenic area.
The administrative authority of the scenic area shall enter into contracts with operators to legally define their respective rights and obligations. Operators shall pay fees for the compensated use of scenic resources.
Article 38The ticket revenues and fees for the paid use of scenic resources within a scenic area shall be subject to separate management of revenue and expenditure.
Revenue from ticket sales and fees for the use of scenic resources in scenic areas shall be specifically allocated to the protection and management of these resources, as well as compensation for losses incurred by owners and users of properties within the scenic areas. Specific management measures shall be formulated by the financial and pricing authorities of the State Council in conjunction with the construction authorities and other relevant departments.
Article 39The administrative body of a scenic area shall not engage in commercial activities for profit-making purposes, nor shall it delegate administrative functions such as planning, management, and supervision to enterprises or individuals for execution.
Personnel working in the management bodies of scenic areas are prohibited from holding concurrent positions in enterprises within these scenic areas.
Chapter VI Legal Liability
Article 40Whoever violates the provisions of these regulations by committing any of the following acts shall be ordered by the management authority of the scenic area to cease the illegal activities, restore the original state, or dismantle within a specified time limit, have the illegal gains confiscated, and be finednot less than 500,000 yuan but not more than 1,000,000 yuan:
(1) Engaging in activities such as quarrying, mining, or other actions that damage the landscape, vegetation, or terrain within a scenic area;
(2) Constructing facilities within a scenic area for storing explosive, flammable, radioactive, toxic, or corrosive materials;
(3) Building hotels, guesthouses, training centers, sanatoriums, or other structures unrelated to the protection of scenic resources within the core scenic area.
Local people's governments at or above the county level and their relevant departments that approve the implementation of the activities specified in the first paragraph of this article shall impose demotion or dismissal penalties on the directly responsible supervisors and other directly responsible personnel in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 41In violation of the provisions of these regulations, engaging in construction activities within scenic areas that are outside the prohibited scope without approval from the scenic area management authority shall result in the management authority ordering cessation of construction and imposing a deadline for demolition. Individuals shall be fined between 20,000 and 50,000 yuan, while entities shall be fined between 200,000 and 500,000 yuan.Article 42
In violation of the provisions of these regulations, constructing major projects such as cable cars or ropeways within national-level scenic areas without the project's site selection plan being approved by the construction department of the provincial or autonomous region government and the scenic area management department of the municipal government, and without the issuance of a site selection opinion by the relevant local government department at or above the county level, the directly responsible personnel and other directly accountable individuals shall be subject to disciplinary action according to law; if a crime is constituted, criminal liability shall be pursued according to law.Violation of the provisions of these regulations by constructing major projects such as cable cars or ropeways within national-level scenic areas, without the project’s site selection plan being approved by the competent construction department of the provincial or autonomous regional government or the scenic area administration of the municipal government directly under the central government, or by local government departments at or above the county level issuing site selection opinions, shall result in administrative penalties imposed on the directly responsible personnel and other directly accountable individuals in accordance with the law; if a crime is constituted, criminal liability shall be pursued.
Article 43In violation of the provisions of these regulations, if an individual engages in activities such as land reclamation, erecting tombstones, or other actions that damage the scenery, vegetation, or terrain within a scenic area, the management authority of the scenic area shall order the cessation of the illegal activities, require restoration to the original state within a specified period or take other remedial measures, confiscate illegal gains, and impose afine ranging from 1,000 yuan to 10,000 yuan.
Article 44 %% Anyone who violates the provisions of these regulations by carving, scribbling on scenic objects or facilities, or littering within a scenic area shall be ordered by the scenic area management authority to restore the original condition or take other remedial measures and shall be fined %% 50 yuan; those who carve, scribble, or otherwise intentionally damage cultural relics or historic sites protected by the state shall be punished in accordance with the relevant provisions of the Public Security Administration Punishment Law; if a crime is constituted, criminal responsibility shall be pursued according to law. %% Article 45 %% Anyone who violates the provisions of these regulations by conducting any of the following activities within a scenic area without the approval of the scenic area management authority shall be ordered by the scenic area management authority to cease the illegal activities, restore the original condition within a specified time or take other remedial measures, with illegal gains confiscated and concurrently finedA fine of not less than 50,000 yuan but not more than 100,000 yuan; in serious cases, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall also be imposed:A fine of 50 yuan; for carving, smearing, or intentionally damaging state-protected cultural relics or historic sites by other means, penalties shall be imposed in accordance with the relevant provisions of the public security administration punishment law; if a crime is constituted, criminal liability shall be pursued.
Article 45Violation of the provisions of these regulations by conducting the following activities within a scenic area without the review and approval of the scenic area administration shall result in the administration ordering the cessation of the illegal activity, requiring restoration to the original state or the adoption of other remedial measures within a specified period, confiscation of illegal gains, and imposition of a fine.A fine of not less than 50,000 yuan but not more than 100,000 yuan; for serious violations, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed:
(1) Setting up or posting commercial advertisements;
(2) Organizing large-scale recreational activities or similar events;
(3) Activities that alter the natural state of water resources and water environments;
(IV) Other activities that affect the ecological environment and landscape.
Article 46In violation of the provisions of these regulations, if a construction unit causes damage to surrounding scenery, water bodies, vegetation, wildlife resources, or terrain and landforms during construction, the scenic area management authority shall order the cessation of illegal activities, require restoration to the original state or the adoption of other remedial measures within a specified time limit, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; if the original state is not restored or effective measures are not taken within the time limit, the scenic area management authority shall order the cessation of construction.
Article 47In violation of the provisions of these Regulations, if the competent construction department of the State Council, local people's governments at or above the county level, or their relevant competent departments commit any of the following acts, the directly responsible supervisors and other directly responsible personnel shall be subject to disciplinary sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Establishing various development zones within a scenic area in violation of the scenic area's planning;
(2) Failing to complete the overall planning of the scenic area within2 years from the date of its establishment.
(3) Selecting a unit without the corresponding qualification level to prepare a scenic area plan;
(4) Approving construction activities within a scenic area before its planning is officially approved;
(5) Unauthorized modification of scenic area planning;
(6) Other acts of failing to perform supervision and management duties in accordance with the law.
Article 48If a scenic area administrative authority commits any of the following acts in violation of the provisions of these Regulations, the local people's government at or above the county level that established the scenic area administrative authority shall order it to make corrections; if the circumstances are serious, the persons in charge with competent accountability and other directly responsible personnel shall be given demotion or dismissal sanctions; if a crime is constituted, criminal liability shall be investigated according to law:
(1) Exceeding the permitted capacity to admit tourists or conducting tour activities in areas without safety guarantees;
(2) Failing to set up signs for scenic areas, road signs, safety warnings, and other markers;
(3) Engaging in profit-driven business activities;
(4) Delegating administrative functions such as planning, management, and supervision to enterprises or individuals for execution;
(v) Allowing staff members of the scenic area management institution to hold concurrent positions in enterprises within the scenic area;
(vi) Approving and consenting to construction activities within the scenic area that do not conform to the scenic area's planning;
(vii) Failing to investigate and deal with discovered illegal activities.
Article 49For illegal acts specified in the first paragraph of Article 40, Articles 41, 43, 44, 45, and 46 of these Regulations, if relevant departments have imposed penalties in accordance with the provisions of relevant laws and administrative regulations, the scenic area administrative authority shall not impose penalties again.
Article 50For the illegal acts specified in the first paragraph of Article 40, Articles 41, 43, 44, 45, and 46 of these Regulations that infringe upon state-owned, collective, or individual property, the relevant unit or individual shall bear civil liability in accordance with the law.
Article 51In accordance with the provisions of these Regulations, when ordering the demolition of illegally constructed buildings, structures, or other facilities within a scenic area within a specified time limit, the relevant unit or individual must immediately cease construction activities and carry out the demolition on their own. For those who continue with construction, the authority that issued the demolition order has the right to intervene. If the relevant unit or individual disagrees with the demolition order, they may file a lawsuit with the People's Court within15 days from the date of receiving the demolition order. If no lawsuit is filed upon the expiration of the period and the demolition is not carried out voluntarily, the authority that issued the demolition order shall apply to the People's Court for compulsory enforcement in accordance with the law, with the costs borne by the violator.
Chapter VII Supplementary Provisions
Article 52These Regulations shall become effectiveas of December 1, 2006. The Interim Regulations on the Management of Scenic and Historic Areas issued by the State Council on June 7, 1985 shall be repealed simultaneously.
