The Soil and Water Conservation Law of the People's Republic of China revised and adopted at the 18th Meeting of the Standing Committee of the 11th National People's Congress on December 25, 2010. The revised Soil and Water Conservation Law of the People's Republic of China is hereby promulgated and shall come into force on March 1, 2011.

Chapter 1: General Provisions
Chapter 2: Planning
Chapter 3: Prevention
Chapter 4: Management
Chapter 5: Monitoring and Supervision
Chapter 6: Legal Liability
Chapter 7: Supplemental Provisions

Article 1    This Law is enacted to prevent and control soil and water erosion, to protect and reasonably use soil and water resources, to reduce natural disasters such as flooding, drought and sand, to improve the ecological environment, and to ensure the sustainable development of the economy and society.

Article 2    Soil and water conservation activities conducted within the territory of the People's Republic of China shall be incompliance with this Law.
For the purposes of this Law, "soil and water conservation" shall mean preventive and management measures taken against soil and water erosion caused by natural factors and human activities.

Article 3    The soil and water conservation shall follow the guiding line of "prevention focused, protection first, comprehensive planning, integrated management, reality based, appropriate priority, reasonable administration, and outcome-oriented".

Article 4    The people's governments at or above the county level shall strengthen centralized leadership for the soil and water conservation, include the soil and water conservation in their planning for economic and social development of the same level, and arrange dedicated funding for the tasks defined in the soil and water conservation planning and organize the implementation.
The State implements the target-based responsibility system and assessment, awarding and punishment system for the local people's governments at all levels in the key areas for prevention and management of soil and water erosion.

Article 5    The competent water resources department of the State Council is responsible for the soil and water conservation nationwide.
The watershed administration agencies set up by the competent water resources department of the State Council for the key rivers and lakes determined by the state (hereinafter referred to as "watershed administration agencies") assume the duties of supervision and administration for soil and water conservation within their respective jurisdictions.
The competent water resources department of a local people's government at or above the county level is responsible for the soil and water conservation within its administrative area.
The forestry, agricultural, land and resources and other relevant departments of a people's government at or above the county level conduct soil and water erosion prevention and control according to their respective duties.

Article 6    The people's governments at all levels and relevant departments shall strengthen publicity and education on soil and water conservation, promote knowledge in soil and water conservation, and increase the awareness of soil and water conservation among the public.

Article 7    The State encourages and supports research on soil and water conservation, improve research in this area, promote advanced technologies for soil and water conservation, and cultivate technology and research talents on soil and water conservation.

Article 8    Any organization or individual has the obligation with respect to soil and water resources protection and soil and water erosion prevention and control, and may report any damage to soil and water resources that caused soil or water erosion.

Article 9    The State encourages and supports the participation in the soil and water conservation by the private sector.
The people's government at or above the county level shall praise and award organizations and individuals with remarkable contribution to the soil and water conservation.

Chapter 2: Planning

Article 10    The preparation of the planning for soil and water conservation shall be based on the findings of the soil and water erosion surveys and the designation of the key areas for prevention and management of soil and water erosion and in accordance with the "integrated coordination, differentiated guidance".

Article 11    The competent water resources department of the State Council shall organize the national soil and water erosion survey on a regular basis and publish the findings.
The competent water resources department of the people's government of a province, autonomous region or municipality directly under the Central Government is responsible for the soil and water erosion survey for the administrative area and shall publish the findings, after reporting them to the competent water resources department of the State Council for record-filing.

Article 12    A people's government at or above the county level shall designate and announce the key areas for prevention and management of soil and water erosion based on the findings of the soil and water erosion survey.
An area with potential major risk of soil and water erosion shall be determined as a key area for prevention, while an area with severe soil and water erosion shall be determined as a key area for management.

Article 13    The contents of the soil and water conservation planning shall include soil and water erosion conditions, types of erosion, objectives for prevention and management, tasks and measures.
The soil and water conservation planning shall include a general plan for soil and water erosion prevention and control, as well as protection and reasonable utilization of soil and water resources for the watershed or region, and consistent specific plans for particular tasks or soil and water erosion prevention and control for particular areas.
The soil and water conservation planning shall be compatible with the general land utilization planning, water resources planning, urban and rural planning and environmental protection planning.
The preparation of soil and water conservation planning shall be conducted by soliciting public and expert comments.

Article 14    The competent water resources department of a people's government at or above the county level prepares the soil and water conservation planning together with relevant departments of the same level, and organizes the implementation after reporting the drafted planning to the people's government or a department authorized by the government and obtaining approval.
An approved soil and water conservation planning shall be strictly carried out; where revision of an approved planning is required by the actual conditions, it shall be filed to the agency that originally approved the planning in accordance with the preparation procedures for approval.

Article 15    Where an infrastructure, mineral resource development, urban construction, or public utility project may cause soil and water erosion, the drafting organization shall propose the methods and measures for preventing and controlling soil and water erosion in the planning for such a project, and solicit opinions from the competent water resources department of the people's government at the same level before reporting the planning for approval.

Article 16    The local people's governments at all levels shall take measures such as closure and protection, and natural restoration in accordance with the soil and water conservation planning, organize individuals and organizations to plant trees and grass to increase vegetation coverage, conserve the water sources and prevent and minimize soil and water erosion.

Article 17    The local people's governments at all levels shall step up the regulation of the activities such as earth excavation, sand dredging, quarrying to prevent and reduce soil and water erosion.
Such activities as earth excavation, sand dredging and quarrying that may lead to soil and water erosion are forbidden in the collapsed areas, slop areas, or debris flow-prone areas.
The scope of collapsed areas, slop areas and debris flow-prone areas shall be determined and announced by the people's governments at or above the county level.
The determination of collapsed areas, slop areas and debris flow-prone areas shall be compatible with that of geological disaster-prone areas and key areas for prevention and control in the planning for geological disaster prevention and control.

Article 18    Production and construction activities that may cause soil and water erosion shall be restricted or forbidden in the areas with severe soil and water erosion and fragile ecology to protect plants, tintinnidas, crusts and lichens.
The owners of land, land use rights and relevant administration authorities shall build vegetation strips in the slopes and banks of erosion gullies, banks of rivers and the surroundings of lakes and reservoirs.
Reclamation or exploration of the vegetation strips is forbidden.

Article 19    The owners of soil and water conservation facilities and the use rights shall strengthen the management and maintenance of these facilities to ensure normal functioning.

Article 20    Reclamation and farming is forbidden in a steep land with a slope of over 25 percent.
For economic trees planted on the lands with a slope of over 25 percent, appropriate varieties shall be selected and scale reasonably determined, and conservation measures shall be taken to prevent soil and water erosion.
A province, autonomous regions or municipality directly under the Central Government may designate lands with a slope below 25 percent as reclamation-forbidden if so required by the actual conditions in its administrative area.
The scope of a steep land shall be determined and announced by the county people's government.

Article 21    Reclamation by destroying forest or grassland, and gathering of nostoc flagelliforme is forbidden.
Turf cutting, root digging or excessive digging for the purpose of finding grass worm, licrorice or ephedra is forbidden in the key areas for prevention and management.

Article 22    Logging shall be conducted in appropriate ways and clear cutting shall be strictly controlled; only the logging aimed at cultivation or renewal is allowed for such shield forests as water conservation forests, soil conservation forests and shelterbelts; soil and water erosion prevention measures shall be taken for the felling areas and skid rails and plantation shall be conducted after the felling in a timely manner.
A plan for the felling in a forest district shall have soil and water conservation measures.
The implementation of a felling plan, approved by the forestry department, shall be supervised by the forestry department and the competent water resources department.

Article 23    Soil and water conservation measures shall be in place when planting trees, cultivating young trees or planting Chinese medicine herbs in the lands with a slope over 5 percent.
Soil and water conservation measures shall be taken when a deserted land with a slope of above 5 degrees but under the prescribed reclamation-forbidden degrees is reclaimed for farming.
The detailed measures shall be developed by the province, autonomous region or municipality directly under the Central Government based on the actual conditions in its administrative area.

Article 24    The location or route of a construction project shall not be within a key area for prevention or management of soil and water erosion; where this is not possible, the standards for prevention and management shall be raised and processes optimized to reduce surface disturbance and the scope of plantation damage and effectively control possible erosion of soil and water.

Article 25    For a construction project to be conducted in a mountainous area, terrain, sand area or other area defined as vulnerable to soil and water erosion, the owner shall prepare a conservation plan, report it to the competent water resources department of the people's government at or above the county level for approval, and take prevention and management measures in accordance with the approved plan.
An organization without the capability to prepare the conservation plan shall engage an agency with required skills to prepare the plan.
A conservation plan shall include the scope, objectives, measures and investment for the prevention and management of soil and water erosion.
Where there are major changes in the location or scale of the construction project after the conservation plan is approved, the plan shall be supplemented or revised and reported to the agency that approved the original plan for approval.
During the implementation of the conservation plan, any major change to the conservation measures shall be approved by the agency that approved the original plan.
The competent water resources department of the State Council formulates the measures for the preparation and approval of conservation plans for production and construction projects.

Article 26    A construction project, for which a conservation plan is required, may not start until the owner prepares a conservation plan and obtains approval from the competent water resources department for the plan.

Article 27    The conservation facilities for a construction project, for which a conservation plan is required, shall be designed, built and put into operation simultaneously with the main works; the conservation facilities shall be included in the inspection and acceptance of the construction project; the project may not be put into operation if the conservation facilities are not inspected and accepted or they fail the inspection and acceptance.

Article 28    For a construction project, for which a conservation plan is required, sand, stones, dusts, gangues, tailings or solid wastes generated or discharged in the construction shall be utilized in an integrated way; where integrated utilization is not possible and disposal is necessary, such materials shall be place in a dedicated location specified in the conservation plan and measures shall be taken to ensure no new hazards will be generated.

Article 29    The competent water resources departments of the people's governments at or above the county level and the watershed administration agencies shall conduct follow-up checks on the implementation of conservation plans for construction projects, and handle the issues discovered in a timely manner.

Chapter 4: Management

Article 30    The State steps up the building of key soil and water conservation projects, such as terraced fields converted from steep cultivated lands and soil saving dams, in the key areas for prevention and management of soil and water erosion, and increase the strength of ecological restoration.
The competent water resources departments of the people's governments at or above the county level shall strengthen the building and management of key soil and water conservation projects, and establish, improve and implement the stewardship systems.

Article 31    The State strengthens the prevention and management of soil and water erosion at the sources of rivers, protects the sources of drinking water and water conservation areas, raises fund through various ways, and includes the compensation for soil and water conservation in the established compensation system for ecological benefits.

Article 32    Soil and water erosion caused by the building of construction projects or other production or construction activities shall be managed.
Where a construction project or other production or construction activity conducted in a mountainous area, terrain, sand area or other area defined as vulnerable to soil and water erosion damaged the conservation facilities, geography and vegetation and the conservation function cannot be restored, compensations shall be paid and used exclusively for erosion prevention and management.
The dedicated soil and water erosion prevention and management shall be organized and implemented by the competent water resources departments.
The administrative measures for the collection and use of conservation compensations shall be formulated jointly by the departments of the State Council in charge of finance, price and water resources.
Conservation expenses incurred in a construction project during the construction and production shall be allocated in accordance with the uniform financial accounting system of the country.

Article 33    The State encourages organizations and individuals to participate in the soil and water erosion management in accordance with the conservation planning, and provide support in funding, technology and taxes.

Article 34    The State encourages and supports the management of deserted mountains, valleys, hills and intertidal zones in the form of contracting, prevents and manages soil and water erosion, protects and improves the ecological environment, promotes the appropriate exploitation and sustainable utilization of land resources, and safeguards the rights and interests of the contracting parties.
For the management of deserted mountains, valleys, hills and intertidal zones in the form of contracting or the lease of rural land in the area with severe erosion, the land lease contract shall include the responsibilities of preventing and managing erosion.

Article 35    For water eroded areas, the local people's governments at all levels and relevant departments shall organize agencies and individuals to take engineering, plantation and conservation tillage methods, as appropriate, to conduct integral management on soil and water erosion for steep cultivated lands and canals based on each small watershed formed by a natural gully and the hill lands on both sides.
For wind eroded areas, the local people's governments at all levels and relevant departments shall organize agencies and individuals to take such measures as rotation closing and rotation grazing, planting trees and grass, setting up sand shelters and forest grids, as appropriate, and build the protection system against wind and sand.
For the seriously eroded areas, the local people's governments at all levels and relevant departments shall organize agencies and individuals to take such measures as monitoring, runoff diversion, reducing slope and cutting down load, solidifying hills with supports, building barrier structures, and establish a system for monitoring, altering and warning.

Article 36    For the protected sources of drinking water, the local people's governments at all levels and relevant departments shall organize agencies and individuals to take such measures as preventive protection, natural restoration and integral management, build supporting vegetation filter strips, promote the use of methane power and the building of clean small watersheds, strictly control the use of chemical fertilizers and pesticides, minimize non-point source pollution caused by soil and water erosion, and protect the sources of drinking water.

Article 37    Steep lands which are reclaimed for farming shall be conceded in accordance with relevant provisions, and trees and grass shall be planted; where there is an adequacy in farm land and therefore a steep land cannot be conceded, terraced fields shall be built and other conservation measures shall be taken.
For farm lands with a slope below the reclamation-forbidden that are reclaimed for farming, such measures as building terraced fields, improvement of watering system of the land, tillage for water preservation and soil conservation and conceding shall be taken, depending on the actual conditions.

Article 38    The surface soil on the lands occupied by production and construction activities shall be peeled, stored and utilized from the outmost layer to the inside to ensure the balance of excavated and filled soil and reduce the scope of surface disturbance; such measures such as erecting barriers, slope protection and diversion for flooding prevention shall be taken for the storage site for stones, soil, gangues, tailings, and solid wastes.
Upon the completion of the production or construction, trees and grass shall be planted on the naked areas in the soil excavation sites, excavation face and the storage sites to restore the vegetation, and the closed tailing reservoirs shall be reclaimed.
For production and construction activities on an arid area, measures for preventing wind erosion shall be taken, and rainfall infiltration facilities shall be set up to fully utilize the rainfall resource.

Article 39    The State encourages and supports the measures for soil and water conservation taken for the mountainous areas, terrains, sand areas and other area vulnerable to soil and water erosion:
(1) No tillage, contour farming, rotation farming and crop rotation, ley farming and intercropping;
(2) Closure for cultivation, rotation closing and rotation grazing, and captive breeding;
(3) Development of methane power facilities and firewood-saving stoves, utilization of solar power, wind power and hydro-energy, and replacement of firewood by coal, electricity and gas;
(4) Migration from the areas with fragile ecological systems; and
(5) Other measures that contribute to soil and water conservation.