Regulations of Shanghai Municipality on the Administration of Prevention and Control of Ground Subsidence

Shanghai Municipal Bureau of Justice

Regulations of Shanghai Municipality on the Administration of

Prevention and Control of Ground Subsidence

(Adopted at the 3rd Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on April 17, 2013;amended in accordance with the Decision on Amending Two Local Rules including the Provisions of Pudong New Area of Shanghai Municipality on Promoting the Development of Zhangjiang Innovation Hub of the Biopharmaceutical Industry adopted at the 21st Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on April 29, 2025)

Chapter I  General Provisions

Article 1

With a view to strengthening and normalizing the prevention and control of ground subsidence, avoiding and reducing losses caused by ground subsidence, protecting the safety of the people's life and property, and promoting the sustainable development of economy and society, these Regulations are formulated in accordance with the provisions of the Regulations on the Prevention and Control of Geologic Calamities and other relevant rules and administrative rules, and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations apply to the monitoring, prevention and control of ground subsidence caused by groundwater extraction and project construction activities, and to the related supervision and management within the administrative areas of this Municipality.

Article 3

The municipal and district people's governments shall strengthen direction in prevention and control of ground subsidence, and organize relevant departments to take measures to effectively prevent and control ground subsidence.

Article 4

The municipal planning and resources administrative department is the comprehensive supervisory and management department for prevention and control of ground subsidence in this Municipality, and shall be specifically responsible for supervision and management of prevention and control of regional ground subsidence.

The municipal water affairs administrative department shall be responsible for supervision and management of groundwater exploitation and water recharge in prevention and control of ground subsidence in this Municipality.

The municipal and district housing and urban-rural development and transport administrative departments shall, according to their respective functions and duties, be responsible for supervision and management of prevention and control of ground subsidence in the vicinity of construction projects.

The municipal administrative departments of development & reform, finance, national defense, and housing shall coordinate in implementing these Regulations within their respective duties.

Article 5

The municipal and district people's governments and their related departments shall encourage and support the scientific and technological research in prevention and control of ground subsidence, conduct publicity and education to popularize scientific knowledge of ground subsidence prevention and control as well as common sense of disaster prevention and reduction.

Article 6

The municipal and district people's governments and their related departments shall, as required by the emergency plan for disaster prevention, handle promptly the accidents of geologic calamities incurred by ground subsidence, and take measures of project remedy, removal or avoidance, to ensure the safety of life and property of the calamity-struck residents.

Chapter II  Planning for Prevention and Control of Ground Subsidence

Article 7

The municipal planning and resources administrative department shall arrange the launching of survey on ground subsidence in the light of the geologic situation in this Municipality, and shall release relevant data of the annual regional ground subsidence in this Municipality via channels such as the government website.

Article 8

The municipal planning and resources administrative department shall give full consideration to the requirements of ground subsidence prevention and control in drawing up the national land planning, put the development intensity under rational control, and avoid and reduce losses incurred by ground subsidence.

Article 9

The municipal planning and resources administrative department shall, jointly with the municipal administrative departments of water affairs, housing and urban-rural development and transport, draw up the planning for prevention and control of ground subsidence, publicize it upon approval by the Municipal People's Government, and submit it to the Ministry of Land and Resources for the record. Before submission of the planning for approval, an experts' demonstration shall be organized therefor.

In drawing up the planning for prevention and control of ground subsidence jointly with the municipal administrative departments of water affairs, housing and urban-rural development and transport, the municipal planning and resources administrative department shall, according to the results of the survey and monitoring of ground subsidence, delimit the areas prone to ground subsidence, and in such areas, delimit the key zones of prevention and control according to factors such as the degree of development and danger of ground subsidence, and the current status and development of urban construction.

Article 10

The municipal planning and resources administrative department shall, jointly with the administrative departments of water affairs, housing and urban-rural development and transport, draw up the annual working plan for preventing and controlling ground subsidence according to the planning for prevention and control of ground subsidence.

The annual working plan for preventing and controlling ground subsidence mainly include the following contents:

1. the annual goal of subsidence control;

2. the scheme of subsidence monitoring;

3. the scheme of groundwater exploitation and water recharge; and

4. the construction and maintenance scheme for subsidence monitoring facilities and  recharging wells.

Article 11

The municipal planning and resources administrative department shall, according to the comprehensive urban planning and the planning for prevention and control of ground subsidence, organize the drawing-up of the layout scheme of the monitoring facilities.

The municipal planning and resources administrative department shall, jointly with the municipal water affairs administrative department and according to the comprehensive urban planning, the planning for prevention and control of ground subsidence, and the professional planning for water supply, organize the drawing-up of the layout scheme of the subsidence prevention and control facilities.

For construction of subsidence monitoring, prevention and control facilities, the principle of land conservation shall be followed, and the resources shall be utilized rationally and efficiently. The land use for the facilities affirmed in the layout scheme shall be ensured in the regulatory plan, and the examination and approval formalities therefor shall be completed according to law.

Chapter III  Construction and Management of Subsidence Monitoring, Prevention and Control Facilities

Article 12

The municipal planning and resources administrative department shall, jointly with the municipal administrative departments of water affairs, housing and urban-rural development and transport, establish monitoring network of ground subsidence to make dynamic surveillance of the shape change of the soil layer and the groundwater level and quality.

Article 13

The new construction, reconstruction and extension of monitoring, prevention and control facilities of ground subsidence shall comply with the relevant requirements of the layout scheme.

For the construction of subsidence monitoring, prevention and control facilities, the land and houses concerned may be requisitioned according to law.

Article 14

The government shall invest in the subsidence monitoring facilities, and the municipal planning and resources administrative department shall be responsible for construction and maintenance thereof.

The government shall invest in the recharging wells, and the municipal water affairs administrative department shall be responsible for organizing construction and maintenance thereof. The exploiter of groundwater shall invest in, construct and maintain the pumping and recharging wells.

Units with corresponding qualifications shall be entrusted for the new construction, reconstruction and extension of subsidence monitoring, prevention and control facilities.

The municipal administrative departments of planning and resources, and water affairs shall, according to their respective functions and duties, institute and perfect the management system for maintenance and operation of subsidence monitoring, prevention and control facilities.

Article 15

The municipal administrative departments of planning and resources, and water affairs shall put up relevant warning signs around the subsidence monitoring, prevention and control facilities.

No entity or individual shall seize, damage or destroy the monitoring facilities or the prevention and control facilities of ground subsidence.

Article 16

The subsidence monitoring, prevention and control facilities already built shall not be dismantled arbitrarily; in need of demolition due to project construction, they shall be relocated in the vicinity. The development unit shall submit the relocation scheme to the municipal administrative department of planning and resources or the municipal administrative department of water affairs for approval.

The relevant expenses for the relocation shall be borne by the development unit, and the land use therefor shall be ensured by the municipal planning and resources administrative department.

Article 17

Where the subsidence monitoring facilities or recharging wells are unusable with damage, and must be scrapped, the municipal administrative departments of planning and resources, and water affairs shall complete the scrapping formalities according to their respective functions and duties.

Chapter IV  Measures of Preventing and Controlling Ground Subsidence

Article 18

This Municipality exercises total control of groundwater exploitation. The total groundwater exploitation for a specific year shall be defined in the scheme of groundwater exploitation in the annual plan for preventing and controlling ground subsidence.

Article 19

The municipal water affairs administrative department shall organize to implement the scheme of groundwater recharging in the annual working plan for preventing and controlling ground subsidence.

The operation of groundwater recharge in a recharging well shall be conducted according to the break-down groundwater recharging plan by the operation unit entrusted by the municipal water affairs administrative department.

The user of a pumping and recharging well shall have the obligation of groundwater recharge on the principle of keeping balance between withdrawal and recharge. The municipal water affairs administrative department may agree with the said user through negotiation on the groundwater recharging amount beyond the obliged recharge. Where the said user stops groundwater pumping, it shall continue to fulfill the recharging plan for the current year transmitted by the municipal water affairs administrative department.

The recharge expenses for recharging wells shall be borne by the municipal government finance. Of the recharge expenses for pumping and recharging wells, the part for the recharge equivalent to the pumping volume shall be borne by the users of the pumping and recharging wells, and the part for excess shall be borne by the municipal government finance.

The quality of water recharged in the recharging wells and in the pumping and recharging wells shall meet the national hygienic standards for drinking water.

Article 20

Where the user of a pumping and recharging well transfers the well to another party, the recharging obligation shall be transferred therewith, and the transfer shall be reported to the municipal water affairs administrative department for the record.

Where a pumping and recharging well covered in the layout scheme of prevention and control facilities stops groundwater extraction, its user may transfer the well to the municipal water affairs administrative department as a recharging well, and the latter shall render corresponding compensation thereto.

Article 21

The municipal planning and resources administrative department shall, jointly with the municipal administrative departments of water affairs, housing and urban-rural development and transport, set requirements for controlling regional ground subsidence according to the geological conditions and degree of development and danger of ground subsidence in this Municipality.

The municipal planning and resources administrative department shall, according to the requirements for controlling regional ground subsidence, draw up evaluation reports on the danger of regional ground subsidence, and shall publicize the reports in a timely manner.

Article 22

For a construction project with the foundation pit to be excavated to a depth of seven meters or more (hereinafter referred to as the deep foundation project) in an area prone to ground subsidence, the development unit shall, in the feasibility study phase, take the evaluation of the danger of ground subsidence as the main content of the evaluation of the danger of geological calamities.

For a construction project with the foundation pit to be excavated to a depth of more than seven meters and less than 15 meters, the development unit, in conducting evaluation of the danger of ground subsidence, may directly adopt the evaluation report on the danger of regional ground subsidence issued by the municipal planning and resources administrative department. For a construction project with the foundation pit to be excavated to a depth of 15 meters or more, the development unit shall entrust an evaluation unit with corresponding qualifications to evaluate the danger of ground subsidence according to the requirements for controlling regional ground subsidence. The evaluation report shall pass the experts' review and be reported by the development unit to the municipal planning and resources administrative department for the record.

Article 23

The evaluation report of the ground subsidence danger shall include the following:

1. the scope of the evaluated area, and the possibility of ground subsidence damage incurred by the principal part of a construction project, and the buildings and structures in the vicinity;

2. the possibility of triggering or aggravating ground subsidence in construction or after the completion of a construction project and the scope that might be affected; and

3. the suggestions on measures for preventing and controlling ground subsidence. Where a deep foundation project constructed with the method of drainage requires recharge of water, the suggestion of adopting such measure shall be made; where the experts' review identifies that the drainage objective aquifer needs to be blocked up in key areas of ground subsidence prevention and control, the suggestion of adopting such method shall be made.

The budget estimate of a construction project drawn up by the development unit shall include the expenses for monitoring, recharging and other preventing and controlling measures defined in the evaluation report on the danger of ground subsidence.

Article 24

The design scheme and the construction scheme of a deep foundation project shall define the requirements for monitoring, preventing and controlling ground subsidence according to the filed evaluation report on the danger of ground subsidence. The said requirements mainly include contents such as the construction method for the deep foundation project, the areas to be monitored for groundwater level, the requirements for control of groundwater level and ground subsidence and measures for prevention and control. The design scheme and the construction scheme of a deep foundation shall pass the experts' review, and the construction drawing paper shall be examined as prescribed.

Where the experts' review identifies that a deep foundation project in construction with the method of drainage in the key area of subsidence prevention and control requires adopting the construction method of blocking up the drainage objective aquifer, the development unit shall ensure the expenses therefor.

Article 25

The construction unit shall carry out the construction according to the design scheme and the construction scheme of the deep foundation project which have passed the experts' review.

Where the method of drainage is adopted in construction of a deep foundation project, the construction unit shall install meters to measure the amount of drainage, and shall entrust a monitoring unit with corresponding qualifications to monitor the groundwater level and the subsidence measure.

When the groundwater level or subsidence measure exceeds the control requirements of a deep foundation pit design, the monitoring unit shall report promptly to the construction unit and the supervision unit. The construction unit shall take preventive measures such as water recharging according to the monitoring, preventing and controlling schemes in the design and construction schemes of the deep foundation project. When a major dangerous case of ground subsidence happens, the construction unit and the monitoring unit shall report immediately to the housing and urban-rural development and transport administrative department. The latter shall immediately have persons make disposition on the site.

Article 26

The quality of water recharged for a deep foundation project shall meet the national hygienic standards of drinking water or be the same as that of the drained water.

After completion of a deep foundation project, the construction unit shall shut in the well as required. The shut-in well shall pass the supervision unit's acceptance check.

Article 27

After completion of a deep foundation project, the development unit shall collect the monitoring materials on the subsidence impact, and hand them over to the municipal planning and resources administrative department.

Article 28

The municipal planning and resources administrative department shall set an early warning standard of ground subsidence for major municipal works, and shall, jointly with the operation unit, establish a subsidence monitoring and safety forecast mechanism to improve its capability of operation safety guarantee.

The municipal planning and resources administrative department shall conduct regular simultaneous detection of the subsidence monitoring network for major municipal works and the citywide subsidence monitoring network, and shall make comprehensive analysis of the ground subsidence in the zone along the major municipal works. The operation unit of major municipal works shall submit periodically the subsidence monitoring data of its relevant facilities to the municipal planning and resources administrative department. The latter shall provide the result of the simultaneous detection and the comprehensive analysis report for the said operation management unit.

Chapter V  Supervision and Inspection

Article 29

The municipal administrative departments of planning and resources, water affairs, housing and urban-rural development and transport shall, according to their respective functions and duties, have corresponding supervisors and equipment, establish a tour inspection system, and strengthen supervision and inspection of ground subsidence prevention and control.

Article 30

The municipal administrative departments of planning and resources, water affairs, housing and urban-rural development and transport shall establish a work coordination system, communicate and analyze the work of ground subsidence prevention and control periodically, and assist and cooperate in solving major problems therein.

Article 31

The municipal administrative departments of planning and resources, water affairs, housing and urban-rural development and transport shall have the right to adopt the following measures in their performance of the duty of supervision and inspection within their respective powers:

1. to consult and duplicate relevant materials from the relevant entity and individual;

2. to require the entity or individual under inspection to make explanation for relevant issues;

3. to enter the production premises of the entity or individual under inspection to make investigations; and

4. other measures as may be prescribed by laws and administrative rules.

Chapter VI  Legal Liability

Article 32

Where laws or administrative rules have provisions on punishment for violations of these Regulations, such provisions shall apply.

Article 33

For the following acts in violation of the provisions of these Regulations, the municipal water affairs administrative department shall impose punishment as follows:

1. For seizing, damaging or destroying or arbitrarily dismantling the prevention and control facilities of ground subsidence, in violation of the provisions of Clause 2 of Article 15 or Clause 1 of Article 16 of these Regulations, an order shall be made for cessation of the illegal act, and for restoration to the original status or for remedial measures to be taken within a prescribed time limit, and a fine of not more than 50,000 yuan may be imposed.

2. For refusing to fulfill the obligation of groundwater recharge or failing to make the required recharge, in violation of the provisions of Clause 3 of Article 19 of these Regulations, an order shall be made for correction within a prescribed time limit; for failure to make the correction within the prescribed time limit, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.

Article 34

If a construction unit fails to install the meters as provided for in Clause 2 of Article 25 of these Regulations, the administrative departments of housing and urban-rural development, transport or other relevant departments shall order it to make correction within a prescribed time limit; if the said unit fails to make the correction within the prescribed time limit, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed.

Article 35

For the following acts in violation of the provisions of these Regulations, the municipal planning and resources administrative department shall impose punishment as follows:

1. For seizing, damaging, destroying or arbitrarily dismantling the subsidence monitoring facilities, in violation of Clause 2 of Article 15 or Clause 1 of Article 16 of these Regulations, an order shall be made for cessation of the illegal act, and for restoration to the original status or remedial measures to be taken within a prescribed time limit, and a fine of not more than 50,000 yuan may be imposed; if the act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law.

2. For failing to collect and hand over the monitoring materials, in violation of Article 27 of these Regulations, an order shall be made for correction within a prescribed time limit; for failure to make the correction within the prescribed time limit, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed, and the act shall also be punished according to the provisions regarding the management of geological data.

Article 36

Where the chief person-in-charge or other person directly responsible of a relevant administrative department or body neglects his or her duty, abuses powers, practices favoritism or commits irregularities, in violation of the provisions of these Regulations, the said person shall be punished according to law; if the act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law.

Chapter VII  Supplementary Provisions

Article 37

The definitions of relevant terms in these Regulations are as follows:

The "ground subsidence monitoring facilities" means the facilities constructed for acquisition of the data about ground subsidence, including various kinds of survey marks for monitoring the shape change of the soil layer, and the accessory instruments and equipment, observation wells (ports) and other various kinds of hydrogeological facilities for monitoring the dynamic situation of groundwater, and the protection fences, houses and other buildings and structures constructed to protect the above-mentioned facilities.

The "major municipal works" means the municipal line works subject to the impact of ground subsidence such as the rail transport, high-speed rail, maglev, elevated road, cross-river tunnel, cross-sea and cross-river bridge, flood control wall, seawall, and high-pressure oil and gas pipeline.

Article 38

These Regulations shall be effective as of July 1, 2013.