If the land requisition procedures for highway land have been handled according to law, the land boundary shall be subject to the approved area; If the land acquisition procedures are not handled or the land ownership is not determined, the land boundary shall be implemented according to the provisions of not less than 1m from the outer edge of the side ditch (intercepting ditch and slope toe berm) on both sides of the highway.
（7） No unit or individual may rush to build or plant roads that have been approved and are about to start construction or are under construction within the land for highway construction and the construction control area.
If they are not demolished within the time limit, they will be forcibly demolished according to law, and the demolition costs and losses shall be borne by the illegal builders.
Development and reform, public security, natural resources, housing construction, market supervision and other departments shall do a good job in highway protection in accordance with relevant laws and regulations and division of responsibilities.
The relevant matters are hereby notified as follows: 1.
7、 Transportation, natural resources, housing and construction, public security and other departments, township (town) people’s governments and management committees shall coordinate with each other, cooperate and cooperate to control the source of land planning in accordance with relevant laws and regulations and their respective responsibilities, and jointly pay attention to the management of highway land and building control areas on both sides.
If traffic safety is affected, the consent of the relevant public security organ shall also be obtained.
8、 Any unit or individual that violates the highway law of the people’s Republic of China, regulations on highway safety protection and other relevant laws and regulations shall eliminate the illegal acts by itself; If it fails to eliminate it by itself, the competent transportation department shall investigate the legal responsibility according to law; If a crime is constituted, the judicial organ shall investigate criminal responsibility according to law.
When examining and approving the construction land use procedures outside the highway construction control area, the natural resources, housing and construction departments, Township People’s governments and management committees must meet the requirements of urban and rural construction planning, and the control distance between the building and the highway side ditch (intercepting ditch, slope toe berm) shall be indicated.
If it is an expressway, the distance from the outer edge of the highway land to the outside of the highway building control area shall not be less than 30m.
2、 It is strictly prohibited for any unit or individual to build permanent buildings, structures and temporary buildings within the highway construction control area; Unconditionally demolish the illegal buildings that have been listed as requiring demolition; Buildings, structures and other facilities entering the controlled area due to highway reconstruction and expansion shall not be expanded or reconstructed on the original site.
5、 Strict control within the highway construction control area: (1) no unit or individual shall occupy or excavate the highway without authorization.
In addition to the places and facilities set up in accordance with the relevant provisions of the state to replenish fuel for vehicles, it is prohibited to set up places and facilities for the production, storage and sale of inflammable, explosive, highly toxic, radioactive and other dangerous goods within the following scope: 100M outward from the outer edge of the road land; 200m around highway ferries and highway bridges above medium-sized; 100m above the highway tunnel and outside the portal.
If the construction of railways, airports, power stations, communication facilities, water conservancy projects and other construction projects require the occupation, excavation or diversion of roads, the construction unit shall obtain the consent of the competent department of transportation in advance; If traffic safety is affected, the consent of the relevant public security organ shall also be obtained.
Reporting Tel.: 0398-12328 0398-8855688 this is to inform Lingbao Municipal People’s Government on September 15, 2021 source: China Jincheng Media Editor: simple..
The distance between the newly-built villages and towns, development zones, schools, goods distribution centers, large commercial outlets, farmers’ markets and other public places and the outer edge of the boundary of the highway construction control area shall meet the following standards, and shall be built on one side of the highway as far as possible: National and provincial highways shall not be less than 50m; County Road and township road shall not be less than 20m.
（2） The construction of bridges, aqueducts or the erection and embedding of pipelines and other facilities across or across highways, as well as the erection and embedding of pipelines, cables and other facilities within the scope of highway land, shall be subject to the consent of the competent transportation department in advance.
In order to strengthen the highway construction, maintenance and management of Sanmenxia Lingbao City and ensure the integrity, safety and smoothness of the highway, according to the highway law of the people’s Republic of China, the regulations on highway safety protection and the regulations of Henan Province on rural roads and other laws and regulations, combined with the actual situation of the municipal highway, after research, it is decided to deal with the illegal acts within the highway construction control area of our city.
The scope of building control areas for new, reconstructed and expanded highways shall be implemented in accordance with the distance standards defined in this circular.
6、 The municipal competent department of transportation is responsible for the management and protection of municipal roads, and the investigation and punishment of road related violations shall be undertaken by the comprehensive law enforcement agency of transportation.
4、 Mining, quarrying, earth borrowing, blasting and other activities endangering the safety of highways, highway bridges, highway tunnels and highway ferries are prohibited in the following areas: 100m from the outer edge of highway land for national, provincial and county roads and 50m from the outer edge of highway land for township roads; 200m around highway ferries and highway bridges above medium-sized; 100m above the highway tunnel and outside the portal.
All new buildings, structures, temporary buildings and other facilities in the building control areas on both sides of the highway are illegal buildings and shall be demolished by themselves within a time limit.
The township (town) people’s government and the management committee shall be responsible for the construction, maintenance and management of township and village roads within the scope of their duties.
Within the scope of the municipal highway construction control area, the outward distance standard from the outer edge of the highway land is: the national highway shall not be less than 20m; The provincial road shall not be less than 15m; County road shall not be less than 10m; Township road shall not be less than 5m; Village roads shall not be less than 3m.
（5） The addition of grade crossings on highways must be approved in accordance with the relevant provisions of the state and constructed in accordance with the technical standards prescribed by the state.
3、 Buildings, ground structures and other facilities built outside the highway building control area shall not block the highway signs or hinder the safe sight distance.
（4） No unit or individual may set up signs other than highway signs within the scope of highway land without the approval of the competent transportation department at or above the county level.
9、 Any unit or individual has the right to supervise and report all kinds of road related violations.
（3） No unit or individual may set up stalls, stack articles, dump garbage, set up obstacles, dig ditches to divert water, use highway side ditches to discharge pollutants, or carry out other activities that damage or pollute highways and affect the smoothness of highways on highways and within the scope of highway land.
（6） Except for the needs of highway protection and maintenance, it is prohibited to build buildings and ground structures in the building control areas on both sides of the highway; If it is necessary to bury pipelines, cables and other facilities in the building control area, it shall be approved by the competent transportation department at or above the county level in advance.
The scope of building control area on the inner side of highway curve, interchange and plane intersection shall be determined according to the requirements of safe sight distance.
The departments of transportation, development and reform, natural resources, housing and construction shall strictly examine and approve construction projects.
Except for the needs of highway protection, it is prohibited to approve the construction of buildings and ground structures within the land on both sides of the highway.
