Twenty-first historical and cultural cities, towns and villages should be protected as a whole, maintain the traditional pattern, historical features and spatial scale, and may not change the natural landscape and environment that are interdependent with them.

Article 22 The local people's governments at or above the county level where famous historical and cultural cities, towns and villages are located shall, according to the local economic and social development level and protection planning, control the population of famous historical and cultural cities, towns and villages and improve their infrastructure, public service facilities and living environment.

Article 23 Construction activities within the protection scope of famous historical and cultural cities, towns and villages shall conform to the requirements of protection planning, and shall not damage the authenticity and integrity of historical and cultural heritage, or have a destructive impact on its traditional pattern and historical features.

Twenty-fourth in the historical and cultural cities, towns and villages within the scope of protection to prohibit the following activities:

(a) Activities that undermine traditional patterns and historical features, such as mountain cutting, quarrying and mining;

(two) occupation of garden green space, rivers and lakes, roads, etc ... Determined by the protection plan;

(three) the construction of factories and warehouses for the production and storage of explosive, flammable, radioactive, toxic and corrosive substances;

(4) Carving and smearing on historical buildings.

Twenty-fifth in the historical and cultural cities, towns and villages within the scope of protection of the following activities, should protect their traditional pattern, historical features and historical buildings; The formulation of protection planning shall be approved by the competent department of urban and rural planning of the people's government of the city or county in conjunction with the competent department of cultural relics at the same level, and the relevant procedures shall be handled in accordance with the provisions of relevant laws and regulations:

(a) activities to change the natural state of garden green space, rivers and lakes;

(2) Making film and television works and holding large-scale mass activities within the core protection scope;

(three) other activities that affect the traditional pattern, historical features or historical buildings.

Twenty-sixth new buildings and structures in the construction control zone of historical and cultural blocks and famous towns and villages shall meet the construction control requirements determined by the protection plan.

Twenty-seventh buildings and structures within the core protection scope of historical and cultural blocks, towns and villages should be treated differently according to different situations, and corresponding measures should be taken to implement classified protection.

Historical buildings within the core protection scope of historical and cultural blocks and famous towns and villages should maintain their original height, volume, appearance and color.

Twenty-eighth in the historical and cultural blocks, towns and villages within the scope of core protection, no new construction or expansion activities. However, except for the construction and expansion of necessary infrastructure and public service facilities.

Where necessary infrastructure and public service facilities are newly built or expanded within the core protection scope of historical and cultural blocks, famous towns and villages, the competent department of urban and rural planning of the people's government of the city or county shall solicit the opinions of the competent department of cultural relics at the same level before issuing the construction project planning permit and the rural construction planning permit.

Demolition of buildings, structures or other facilities outside historical buildings within the core protection scope of historical and cultural blocks, towns and villages shall be approved by the competent department of urban and rural planning of the people's government of the city or county jointly with the competent department of cultural relics at the same level.

Article 29 When examining and approving the construction activities specified in Article 28 of these Regulations, the examination and approval authorities shall organize expert argumentation, announce the examination and approval items, solicit public opinions, and inform the interested parties of their right to request a hearing. The publicity time shall not be less than 20 days.

If an interested party requests a hearing, it shall do so within the publicity period. After the expiration of the publicity period, the examination and approval authority shall hold a hearing in time.

Thirtieth city and county people's governments shall set up signs at the main entrances and exits of the core protection scope of historical and cultural blocks, towns and villages.

No unit or individual may set, move, alter or damage the signs without authorization.

Thirty-first fire facilities and fire exits within the core protection scope of historical and cultural blocks, famous towns and villages shall be set up in accordance with relevant fire technical standards and norms. Due to the protection needs of historical and cultural blocks, famous towns and villages, which cannot be set according to standards and norms, the fire control institutions of public security organs of municipal and county people's governments shall, jointly with the competent department of urban and rural planning at the same level, formulate corresponding fire safety protection schemes.

Thirty-second city and county people's governments shall set up signs for the protection of historical buildings and establish archives of historical buildings.

Historical building archives shall include the following contents:

(1) Architectural artistic features, historical features, construction date and rarity;

(two) the relevant technical information of the building;

(three) the use of the building and the change of ownership;

(four) the text, drawings, pictures, images and other materials formed in the process of building repair and decoration;

(5) Building surveying and mapping information records and related materials.

Article 33 The owners of historical buildings shall be responsible for the maintenance and repair of historical buildings in accordance with the requirements of protection planning.

The local people's governments at or above the county level may subsidize the maintenance and repair of historical buildings from the protection funds.

Historical buildings are in danger of being destroyed, and the owners have no ability to maintain and repair them. The local people's government should take measures to protect it.

No unit or individual may damage or move or dismantle historic buildings without authorization.

Thirty-fourth construction site selection, should try to avoid historical buildings; If it is unavoidable due to special circumstances, the original site protection shall be implemented as far as possible.

Where historical buildings are protected in situ, the construction unit shall determine the protection measures in advance and report them to the competent department of urban and rural planning of the people's government of the city or county in conjunction with the competent department of cultural relics at the same level for approval.

Because of the public interest, it is impossible to carry out construction activities, and historical buildings must be moved, protected or demolished. The competent department of urban and rural planning of the people's governments of cities and counties shall, jointly with the competent department of cultural relics at the same level, report to the competent department of protection determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval.

The expenses required for site protection, relocation and demolition of historic buildings specified in this article shall be included in the construction project budget by the construction unit.

Article 35 External repair, decoration, additional facilities or changes in the structure or use nature of historical buildings shall be approved by the competent department of urban and rural planning of the people's government of the city or county in conjunction with the competent department of cultural relics at the same level, and relevant procedures shall be handled in accordance with the provisions of relevant laws and regulations.

Thirty-sixth in the historical and cultural cities, towns and villages within the scope of cultural relics protection, cultural relics protection laws and regulations should be implemented.

Chapter V Legal Liability

Article 37 If, in violation of the provisions of these Regulations, the staff of the administrative department of construction in the State Council, the administrative department of cultural relics in the State Council and the local people's governments at or above the county level and their relevant administrative departments fail to perform their duties of supervision and management, and if they find illegal acts, they will not be investigated, or if they commit other acts of abuse of power, neglect of duty or engage in malpractices for selfish ends, which constitutes a crime, they will be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished according to law.

Thirty-eighth in violation of the provisions of this Ordinance, the local people's government has one of the following acts, the people's government at a higher level shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(1) Failing to organize the preparation of the protection plan;

(two) failing to organize the preparation of protection plans in accordance with legal procedures;

(three) to modify the protection plan without authorization;

(four) the approved protection plan has not been published.

Article 39 If, in violation of the provisions of these Regulations, the competent department of protection designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the competent department of urban and rural planning of the people's governments of cities and counties fails to perform the examination and approval duties as stipulated in Articles 25, 28, 34 and 35 of these Regulations in accordance with the requirements of protection planning or legal procedures, the people's government at the corresponding level or the relevant departments of the people's government at a higher level shall order it to make corrections, informed criticism; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Fortieth in violation of the provisions of this Ordinance, the people's government of the city or county due to poor protection, resulting in the approval of the publication of historical and cultural cities, towns and villages are included in the endangered list, by the people's government at a higher level in informed criticism; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Article 41 Anyone who, in violation of the provisions of this Ordinance, commits any of the following acts within the protection scope of a famous historical and cultural city, town or village shall be ordered by the competent department of urban and rural planning of the people's government of the city or county to stop the illegal act, make restitution within a time limit or take other remedial measures; Illegal income, confiscate the illegal income; If it fails to restore the original state or take other remedial measures within the time limit, the competent department of urban and rural planning may designate a qualified unit to restore the original state or take other remedial measures on its behalf, and the expenses required shall be borne by the offender; If serious consequences are caused, the unit shall be fined between 500,000 yuan and 6,543.8+0,000 yuan, and the individual shall be fined between 50,000 yuan and 6,543.8+0,000 yuan; If losses are caused, it shall be liable for compensation according to law:

(a) mountain, quarrying, mining and other destruction of the traditional pattern and historical features;

(two) occupy the garden green space, rivers and lakes, roads, etc. Determined by the protection plan;

(3) Construction of factories, warehouses, etc. Used for the production and storage of explosive, flammable, radioactive, toxic and corrosive substances.

Article 42 Whoever, in violation of the provisions of these Regulations, scribbles or depicts historical buildings shall be ordered by the competent department of urban and rural planning of the people's government of the city or county to make restitution or take other remedial measures, and shall also be fined by 50 yuan.

In violation of the provisions of this Ordinance, without the approval of the competent department of urban and rural planning in conjunction with the competent department of cultural relics at the same level, one of the following acts shall be ordered by the competent department of urban and rural planning of the people's government of a city or county to stop the illegal act, make restitution within a time limit or take other remedial measures; Illegal income, confiscate the illegal income; If it fails to restore the original state or take other remedial measures within the time limit, the competent department of urban and rural planning may designate a qualified unit to restore the original state or take other remedial measures on its behalf, and the expenses required shall be borne by the offender; If serious consequences are caused, the unit shall be fined between 50,000 yuan and 6,543,800 yuan, and the individual shall be fined between 6,543,800 yuan and 50,000 yuan; If losses are caused, it shall be liable for compensation according to law:

(a) to change the natural state of garden green space, rivers and lakes;

(two) film and television production, holding large-scale mass activities;

(three) the demolition of buildings, structures or other facilities other than historical buildings;

(4) Externally repairing and decorating historical buildings, adding facilities, and changing the structure or use nature of historical buildings;

(five) other acts that affect the traditional pattern, historical features or historical buildings.

If the relevant units or individuals are approved to carry out the above activities, but in the course of the activities, they have a destructive impact on the traditional pattern, historical features or historical buildings, they shall be punished in accordance with the provisions of the first paragraph of this article.

Forty-fourth in violation of the provisions of this Ordinance, damage or unauthorized demolition, demolition of historical buildings, the competent department of urban and rural planning of the people's government of the city or county shall be ordered to stop the illegal act, restore the original state within a time limit or take other remedial measures; Illegal income, confiscate the illegal income; If it fails to restore the original state or take other remedial measures within the time limit, the competent department of urban and rural planning may designate a qualified unit to restore the original state or take other remedial measures on its behalf, and the expenses required shall be borne by the offender; If serious consequences are caused, the unit shall be fined between 200,000 yuan and 500,000 yuan, and the individual shall be fined between 654.38 million yuan and 200,000 yuan; If losses are caused, it shall be liable for compensation according to law.

Forty-fifth in violation of the provisions of this Ordinance, unauthorized setting, moving, changing or damaging the signs of historical and cultural blocks, towns and villages, the competent department of urban and rural planning of the people's government of the city or county shall order it to make corrections within a time limit; If no correction is made within the time limit, the unit shall be fined between 1 10,000 yuan and 50,000 yuan, and the individual shall be fined between 1 10,000 yuan and 0/10,000 yuan.

Forty-sixth in violation of the provisions of this Ordinance, causing damage to historical and cultural cities, towns and villages, shall be punished in accordance with the provisions of laws and regulations on the protection of cultural relics; If a crime is constituted, criminal responsibility shall be investigated according to law.