Does the document issued by the central government on prohibiting the contracting of streams and rivers belong to

Developing livestock and poultry breeding industry is of great significance to increase farmers' income and rural economic development. The state strongly supports this, but engaging in livestock and poultry breeding should also comply with the provisions of relevant national laws and regulations. Specific to the question of whether farmland can be occupied to build farms, it is necessary to distinguish between two situations:

If the cultivated land to be occupied belongs to basic farmland, it shall not occupy the construction farm. Because according to the spirit of Article 17 of the Regulations on the Protection of Basic Farmland, it is forbidden for any unit or individual to build kilns, houses, graves, dig sand, quarry, mine, borrow soil, pile up solid wastes or engage in other activities that destroy basic farmland, and it is forbidden for any unit or individual to occupy basic farmland to develop fruit industry and dig ponds to raise fish. Basic farmland can only be used for grain, cotton and oil.

If the cultivated land to be occupied belongs to non-basic farmland and meets the conditions stipulated in the Animal Husbandry Law, it can be used to build farms. Article 37 of the Animal Husbandry Law stipulates: "The state supports rural collective economic organizations, farmers and animal husbandry cooperative economic organizations to set up livestock and poultry farms and farming communities and develop large-scale and standardized farming. The overall land use planning of a township (town) shall arrange the land for livestock and poultry breeding according to the local actual situation. Livestock and poultry farms and breeding communities established by rural collective economic organizations, farmers and animal husbandry cooperative economic organizations in accordance with the overall land use planning of townships (towns) are managed according to agricultural land. Livestock and poultry farms and farming communities need to restore their original uses after the expiration of the land use right period, and the land use right holders of livestock and poultry farms and farming communities are responsible for the restoration. Livestock and poultry farms and farming communities must build permanent buildings (structures) within the scope of land use. If it involves the conversion of agricultural land, it shall be handled in accordance with the provisions of the Land Administration Law of the People's Republic of China. " Accordingly, if the cultivated land to be occupied is listed as livestock and poultry farm land in the overall land use planning of your township, the farmers concerned can directly establish farms on it without obtaining the approval of construction land (except for the construction of permanent buildings and structures). Of course, the establishment of specific farms also needs to comply with the relevant provisions of the Animal Husbandry Law and the Animal Epidemic Prevention Law.

I suggest you consult the overall land use planning of your township. If the relevant cultivated land is not included in the scope of livestock and poultry farms, you can suggest to the people's government at a higher level to make changes according to legal procedures to better adapt to the actual agricultural production in your village.

If the normal procedure is followed:

1. Sign land lease agreement or intention agreement with local rural collective economic organizations.

1, according to the size of the farm project, apply to the local development and reform department for project approval and issue a feasibility study report.

2, in the local agricultural (animal husbandry) departments to handle the relevant production procedures.

3, in the local environmental protection department for environmental assessment procedures, such as sewage treatment facilities construction, etc.

4. After going through the relevant project procedures, go to the local land department to go through the procedures for the use of facility agricultural land, and sign or pay the land reclamation fee.

In addition, why build farms on basic farmland? The procedures are complicated and there are many coordination requirements. This small project may not pass the joint examination of land use. It is suggested to build production on non-arable land (basic farmland) such as general garden or woodland and unused land.

Attached information: Land Management Law of the People's Republic of China

Chapter II Ownership and Use Right of Land

Article 8

Land in urban areas belongs to the state.

Land in rural areas and suburban areas belongs to farmers' collectives, except for those that are owned by the state according to the law; Homestead, private plots and private hills are collectively owned by farmers.

Article 9

State-owned land and land collectively owned by farmers can be determined for use by units or individuals according to law. Units and individuals that use land have the obligation to protect, manage and rationally use land.

Article 10

Land collectively owned by peasants shall be managed by village collective economic organizations or villagers' committees if it belongs to village peasants collectively according to law; Has been owned by two or more rural collective economic organizations in the village, by the village.

Management of rural collective economic organizations or villagers' groups; Farmers who have returned to their hometowns (towns) are collectively owned and managed by rural collective economic organizations in townships (towns).

Article 11

Land collectively owned by farmers shall be registered by the people's government at the county level, and certificates shall be issued to confirm ownership.

If the land collectively owned by farmers is used for non-agricultural construction according to law, the people's government at the county level shall register and issue certificates to confirm the right to use the construction land.

State-owned land used by units and individuals according to law shall be registered by the people's governments at or above the county level, and certificates shall be issued to confirm the right to use it; Among them, the specific registration and certification authority for state-owned land used by central state organs shall be determined by the State Council.

The confirmation of ownership or use right of forest land and grassland, and the confirmation of water surface and tidal flat farming use right shall be handled in accordance with the relevant provisions of People's Republic of China (PRC) Forest Law, People's Republic of China (PRC) Grassland Law and People's Republic of China (PRC) Fisheries Law respectively.

Reason.

Article 12

If the ownership and use of land are changed according to law, the land change registration formalities shall be handled.

Article 13

Land ownership and use rights registered according to law are protected by law, and no unit or individual may infringe upon them.

Article 14

The land collectively owned by farmers is contracted by members of the collective economic organization and engaged in planting, forestry, animal husbandry and fishery production. The term of contracted operation of land is thirty years. The employer and the contractor shall sign a contract and stipulate that

Rights and obligations of both parties. Farmers contracted to manage land have the obligation to protect and rationally use the land according to the purposes agreed in the contract. Farmers' right to contracted management of land is protected by law.

During the term of land contract operation, if the land contracted between individual contractors is properly adjusted, it must be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and report to the township (town) people's government and the people's government at the county level.

Approved by the administrative department of agriculture of the people's government.

Article 15

State-owned land can be contracted by units or individuals to engage in farming, forestry, animal husbandry and fishery production. Land collectively owned by farmers may be contracted and planted by units or individuals other than the collective economic organizations.

Industry, forestry, animal husbandry and fishery production. The employer and the contractor shall conclude a contract to stipulate the rights and obligations of both parties. The term of contracted operation of land shall be stipulated in the contract. Units and individuals contracted to operate land shall protect it according to law and contract it according to the contract.

Obligation to use land reasonably for agreed purposes.

If the land collectively owned by peasants is contracted by units or individuals other than the collective economic organizations, it must be agreed by more than two thirds of the members of the villagers' meeting or more than two thirds of the villagers' representatives, and reported to the township (town) people's government for approval.

Article 16

Disputes over land ownership and use rights shall be settled by the parties through consultation; If negotiation fails, it shall be handled by the people's government.

Disputes between units shall be handled by the people's governments at or above the county level; Disputes between individuals or between individuals and units shall be handled by people's governments at or above the county level.

If a party refuses to accept the decision of the relevant people's government, it may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of decision.

Before the dispute over land ownership and use right is settled, neither party may change the status quo of land use.

chapter three

Overall land use planning

Article 17

People's governments at all levels shall, according to the requirements of national economic and social development planning, land consolidation and resource and environmental protection, land supply capacity and the demand for land in various constructions, organize the preparation of overall land use planning.

The planning period of the overall land use planning shall be stipulated by the State Council.

Article 18

The overall land use planning at a lower level shall be based on the overall land use planning at a higher level.

The total amount of construction land in the overall land use planning compiled by local people's governments at all levels shall not exceed the control index determined by the overall land use planning at the next higher level, and the amount of cultivated land shall not be lower than the control index determined by the overall land use planning at the next higher level.

The overall land use planning prepared by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall ensure that the total amount of cultivated land within their respective administrative areas does not decrease.

Article 19

The overall land use planning shall be prepared in accordance with the following principles:

(1) Strictly protect basic farmland and control the occupation of agricultural land by non-agricultural construction;

(2) Improve the land utilization rate;

(three) the overall arrangement of various types and regions of land;

(four) to protect and improve the ecological environment and ensure the sustainable use of land;

(five) the occupation of cultivated land and the development and reclamation of cultivated land in balance.

Article 20

The overall land use planning at the county level shall divide the land use areas and clarify the land use.

The overall land use planning of a township (town) shall divide the land use areas, determine the use of each piece of land according to the land use status, and make an announcement.

Article 21

The overall land use planning shall be examined and approved at different levels.

The overall land use planning of provinces, autonomous regions and municipalities directly under the Central Government shall be submitted to the State Council for examination and approval.

The overall land use planning of cities where the people's governments of provinces and autonomous regions are located, cities with a population of more than one million and cities determined by the State Council shall be approved by the people's governments of provinces and autonomous regions and reported to the State Council for approval.

General plans for land use other than those specified in the second and third paragraphs of this article shall be submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval step by step; Among them, the overall land use planning of townships (towns) can be compiled by the cities and autonomous prefectures with districts authorized by the provincial people's government.

Approved by the people's government

Once the overall land use planning is approved, it must be strictly implemented.

Article 22

The scale of urban construction land should meet the national standards, make full use of existing construction land, and do not occupy or occupy as little agricultural land as possible.

The overall urban planning, village and market town planning should be connected with the overall land use planning, and the scale of construction land in the overall urban planning, village and market town planning shall not exceed the scale of construction land in cities, villages and market towns determined by the overall land use planning.

Go to hell.

In the urban planning area, village and market town planning area, the construction land of cities, villages and market towns shall conform to the urban planning, village and market town planning.

Article 23

The comprehensive management, development and utilization planning of rivers and lakes should be linked with the overall land use planning. In the scope of management and protection of rivers, lakes and reservoirs and flood storage and detention areas, land use should meet the requirements of comprehensive utilization of rivers and lakes.

The planning of harnessing, development and utilization meets the requirements of flood discharge, flood storage and water delivery in rivers and lakes.

Article 24

People's governments at all levels shall strengthen the management of land use plans and control the total amount of construction land.

The annual land use plan shall be compiled according to the national economic and social development plan, the national industrial policy, the overall land use planning and the actual situation of construction land and land use. Examination and approval procedures for the preparation of annual land use plans and overall land use plans

Planning and approval procedures are the same, once approved, it must be strictly implemented.

Article 25

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall list the implementation of the annual land use plan as the content of the implementation of the national economic and social development plan, and report to the people's congress at the same level.

Article 26

The revision of the approved overall land use plan must be approved by the original approval authority; Without approval, the land use determined in the overall land use planning shall not be changed.

If the overall land use planning needs to be changed for large-scale energy, transportation, water conservancy and other infrastructure construction land approved by the State Council, the overall land use planning shall be revised according to the approval documents of the State Council.

Where the land for infrastructure construction such as energy, transportation and water conservancy approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government needs to change the overall land use planning, it belongs to the examination and approval authority of the people's government at the provincial level.

The government approved the document to modify the overall land use planning.

Article 27

The state establishes a land survey system.

The land administrative departments of the people's governments at or above the county level shall, jointly with the relevant departments at the same level, conduct land surveys. Land owners or users shall cooperate with the investigation and provide relevant information.

Article 28

The land administrative departments of the people's governments at or above the county level shall, jointly with the relevant departments at the same level, assess the land grade according to the land survey results, the planned land use and the unified standards formulated by the state.

Article 29

The state establishes a land statistics system.

The land administrative departments of the people's governments at or above the county level and the statistical departments at the same level shall formulate statistical investigation plans, conduct land statistics according to law, and regularly publish land statistical data. Land owners or users shall provide relevant materials and shall not make false statements or conceal them.

Reporting, refusing to report, delaying reporting.

Statistical data of land area released by land administrative departments and statistical departments are the basis for people's governments at all levels to work out overall land use planning.

Article 30

The state establishes a national land management information system to dynamically monitor the land use situation.

Chapter IV Protection of Cultivated Land

Article 31

The state protects cultivated land and strictly controls the conversion of cultivated land into non-cultivated land.

The state practices a compensation system for the occupation of cultivated land. Non-agricultural construction approved the occupation of cultivated land, in accordance with the principle of "how much is occupied, how much is cultivated", the unit occupying cultivated land is responsible for reclaiming cultivated land equivalent to the quantity and quality of cultivated land occupied; Unconditional recycling or

If the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government, which shall be used exclusively for reclaiming new cultivated land.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate plans for the reclamation of cultivated land, supervise the units occupying cultivated land to reclaim cultivated land according to the plan or organize the reclamation of cultivated land according to the plan, and conduct inspection and acceptance.

Article 32

Local people's governments at or above the county level may require units occupying cultivated land to use the soil in the occupied cultivated land for soil improvement of newly reclaimed cultivated land, inferior land or other cultivated land.

Article 33

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strictly implement the overall land use plan and the annual land use plan, and take measures to ensure that the total amount of cultivated land within their respective administrative areas does not decrease; The reduction of total cultivated land was ordered by the State Council.

Within the prescribed time limit, the cultivated land with the same quantity and quality as the reduced cultivated land shall be accepted by the land administrative department of the State Council in conjunction with the agricultural administrative department. Individual provinces and municipalities directly under the central government are indeed short of land reserve resources, and new construction land is opened.

If the amount of cultivated land is not enough to compensate for the amount of cultivated land occupied, it must be reported to the State Council for approval to reduce or exempt the amount of cultivated land within its administrative area for ex situ reclamation.

Article 34

The state implements the system of basic farmland protection. The following cultivated land should be included in the basic farmland protection area according to the overall land use planning and strictly managed:

(a) the cultivated land in the grain, cotton and oil production base approved by the relevant competent department of the State Council or the local people's government at or above the county level;

(2) Cultivated land with good water conservancy and soil and water conservation facilities, where the transformation plan is being implemented, and low-and medium-yield fields that can be transformed;

(3) Vegetable production bases;

(4) experimental fields for agricultural scientific research and teaching;

(five) other cultivated land that should be included in the basic farmland protection areas as stipulated by the State Council.

The basic farmland designated by provinces, autonomous regions and municipalities directly under the Central Government shall account for more than 80% of the cultivated land within their respective administrative areas.

The basic farmland protection areas shall be designated by the township (town) as a unit, and shall be organized and implemented by the land administrative department of the people's government at the county level in conjunction with the agricultural administrative department at the same level.

Article 35

People's governments at all levels shall take measures to maintain irrigation and drainage facilities, improve soil, improve soil fertility and prevent land desertification, salinization, soil erosion and land pollution.

Article 36

Non-agricultural construction must save land. Those who can use wasteland shall not occupy cultivated land. Those who can use inferior land shall not occupy good land.

It is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine or borrow soil on cultivated land without authorization.

It is forbidden to occupy basic farmland to develop forestry and fruit industry and dig ponds to raise fish.

Article 37

No unit or individual is allowed to idle or barren cultivated land. If the non-agricultural construction that has gone through the examination and approval procedures occupies cultivated land and can be cultivated and harvested within one year, it shall be recovered by the collective or individual who originally cultivated the cultivated land.

Can also be organized by the land unit farming; If construction has not started for more than one year, idle fees shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government; If it has not been used for two consecutive years, the people's governments at or above the county level shall recover the land units without compensation with the approval of the original approval authority.

Land use right; Land originally owned by farmers' collectives shall be handed over to the former rural collective economic organizations to resume farming.

Idle land that has obtained the land use right of real estate development by means of transfer within the urban planning area shall be handled in accordance with the relevant provisions of the People's Republic of China (PRC) Urban Real Estate Management Law.

If a unit or individual contracted to manage cultivated land abandoned cultivated land for two consecutive years, the original contractor shall terminate the contract and recover the contracted cultivated land.

Article 38

The state encourages units and individuals to develop unused land in accordance with the overall land use planning on the premise of protecting and improving the ecological environment and preventing soil erosion and land desertification; Suitable for agricultural land development, give priority to agricultural land development.

The state protects the legitimate rights and interests of developers according to law.

Article 39

Reclamation of unused land must be scientifically demonstrated and evaluated, and it must be carried out after approval in accordance with the law within the reclaimable area designated by the overall land use plan. It is forbidden to destroy forests, grasslands and reclaim cultivated land, and it is forbidden to reclaim land around lakes and occupy land.

Rivers and beaches

According to the overall land use planning, for reclamation that destroys the ecological environment, returning farmland to forests, grazing and lakes in a planned and step-by-step manner.

Article 40

The development of state-owned barren hills, wasteland and wasteland for agriculture, forestry, animal husbandry and fishery production may be determined by the development unit or individual for long-term use with the approval of the people's government at or above the county level according to law.

Article 41

The state encourages land consolidation. County and township (town) people's governments shall organize rural collective economic organizations to comprehensively improve cultivated land, water, roads, forests and villages in accordance with the overall land use planning, improve the quality of cultivated land and increase the effective area of cultivated land.

Improve agricultural production conditions and ecological environment.

Local people's governments at all levels should take measures to transform low-and medium-yield fields and rectify idle and abandoned land.

Article 42

Land destruction caused by excavation, collapse and occupation. Land units and individuals shall be responsible for reclamation in accordance with the relevant provisions of the state; If there are no conditions for reclamation or reclamation does not meet the requirements, land reclamation fees shall be paid to be used exclusively for land reclamation.

Ken. Reclaimed land should be given priority to agriculture.

chapter five

land for construction

Article 43

Any unit or individual that needs to use land for construction must apply for the use of state-owned land according to law; However, if the establishment of township enterprises and villagers' building is approved by law to use the land collectively owned by farmers of the collective economic organization,

Or the township (town) village public facilities and public welfare undertakings have approved the use of land collectively owned by farmers according to law.

State-owned land applied for according to law as mentioned in the preceding paragraph includes land owned by the state and land originally owned by farmers' collectives requisitioned by the state.

Article 44

Where the land occupied by construction involves the conversion of agricultural land into construction land, the examination and approval procedures for the conversion of agricultural land shall be handled.

Roads, pipeline projects and large-scale infrastructure construction projects approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and construction projects approved by the State Council, which need to occupy land and involve the conversion of agricultural land into construction land, shall be approved by the State Council.

Within the scope of construction land for cities, villages and market towns determined by the overall land use planning, if agricultural land is converted into construction land to implement the overall land use planning, it shall be reported to the original authority that approved the overall land use planning in batches according to the annual land use plan.

Within the approved scope of agricultural land conversion, the land for specific construction projects can be approved by the municipal or county people's governments.

The occupation of land by construction projects other than those specified in the second and third paragraphs of this article, which involves the conversion of agricultural land into construction land, shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 45

Requisition of the following land shall be approved by the State Council:

(1) Basic farmland;

(2) More than 35 hectares of cultivated land other than basic farmland;

(3) More than 70 hectares of other land.

Expropriation of land beyond the provisions of the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.

Where agricultural land is requisitioned, the approval procedures for the conversion of agricultural land shall be handled in advance in accordance with the provisions of Article 44 of this Law. Among them, if the agricultural land is converted with the approval of the State Council, the land acquisition approval procedures will be handled at the same time, and the land acquisition approval will not be handled separately; By the provinces, autonomous regions and municipalities directly under the central government

If the Municipal People's Government approves the conversion of agricultural land within the scope of examination and approval of land acquisition, it shall go through the formalities of examination and approval of land acquisition at the same time, and will not go through the formalities of examination and approval of land acquisition separately. Beyond the approval authority of land acquisition, land acquisition approval shall be handled separately in accordance with the provisions of the first paragraph of this article.

Article 46

Land requisition by the state shall be announced and implemented by the local people's governments at or above the county level after being approved in accordance with legal procedures.

The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, go through the registration of land requisition compensation with the land ownership certificate to the land administrative department of the local people's government.

Article 47

If land is requisitioned, compensation shall be given according to the original use of the requisitioned land.

Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground. The land compensation fee for expropriation of cultivated land is six to ten times the average annual output value of the cultivated land in the three years before expropriation. Subsidies for resettlement of requisitioned cultivated land,

Calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the number of cultivated land requisitioned by the average number of cultivated land occupied by each requisitioned unit before land requisition. The resettlement subsidy standard for each agricultural population in need of resettlement,

It is four to six times the average annual output value of the cultivated land in the three years before it was requisitioned. However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed fifteen times the average annual output value of the three years before expropriation.

The standards of land compensation and resettlement subsidies for the expropriation of other land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of land compensation and resettlement subsidies for the expropriation of cultivated land.

The compensation standards for attachments and young crops on expropriated land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government.

Requisition of vegetable fields in the suburbs of cities, land units shall pay the new vegetable field development and construction fund in accordance with the relevant provisions of the state.

If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of the second paragraph of this article still fails to maintain the original living standards of farmers who need resettlement, the resettlement subsidies may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, land compensation

The sum of fees and resettlement subsidies shall not exceed 30 times of the average annual output value of the land in the three years before expropriation.

According to the level of social and economic development, under special circumstances, the State Council can raise the standards of land compensation and resettlement subsidies for requisitioned cultivated land.

Article 48

After the land acquisition compensation and resettlement plan is determined, the relevant local people's governments shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been expropriated.

Article 49

Rural collective economic organizations whose land has been expropriated shall announce the revenue and expenditure of land acquisition compensation to the members of the collective economic organizations and accept supervision.

It is forbidden to occupy or misappropriate the land acquisition compensation and other related expenses of the requisitioned land units.

Article 50

Local people's governments at all levels shall support the rural collective economic organizations and farmers whose land has been expropriated to engage in development, operation and establishment of enterprises.

Article 51

Compensation standards for land requisition and resettlement measures for large and medium-sized water conservancy and hydropower projects shall be formulated separately by the State Council.