Permanent basic farmland occupation conditions

I. Identification and General Provisions of Permanent Basic Farmland

Permanent basic farmland is permanently and specially protected farmland to ensure national food security and supply of important agricultural products. Refers to the cultivated land that cannot be occupied according to the needs of population and social and economic development in a certain period of time. Which land is permanent basic farmland needs to be checked against the local land and space master plan.

For permanent basic farmland, the Land Management Law, the Regulations for the Implementation of the Land Management Law and relevant laws and regulations clearly stipulate that:

1. The new Land Management Law clearly stipulates that the state implements a permanent basic farmland protection system (Article 33); Permanent basic farmland should be implemented in plots and included in the national permanent basic farmland database for strict management (Article 34); After the permanent basic farmland is demarcated according to law, no unit or individual may occupy or change its use without authorization (Article 35); It is forbidden to evade the approval of agricultural land conversion or permanent basic farmland land expropriation by arbitrarily adjusting the overall land use planning at the county level and the overall land use planning at the township (town) (Article 35); 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 permanent basic farmland to develop forestry and fruit industry and dig ponds to raise fish (Article 37).

2. The new Regulations on the Implementation of the Land Management Law clearly states that the state shall implement special protection for cultivated land, strictly observe the red line of cultivated land protection, and strictly control the conversion of cultivated land into other agricultural land such as woodland, grassland and garden. It is forbidden to occupy permanent basic farmland to develop forestry and fruit industry and dig ponds to raise fish. Cultivated land should be given priority to the production of grain and agricultural products such as cotton, oil, sugar and vegetables (article 12); The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall decompose the tasks of farmland protection reserve and permanent basic farmland protection determined by the State Council into specific plots (article 13).

The Ministry of Natural Resources, the Ministry of Agriculture and Rural Affairs and the State Forestry and Grassland Bureau jointly issued the Notice on Strictly Controlling the Occupation of Cultivated Land on October 27th, 2006. It is clear that the special protection system for permanent basic farmland should be strictly implemented. The status quo of growing food crops in permanent basic farmland remains unchanged; According to the scope of permanent basic farmland defined in Article 33 of the Land Management Law, non-food crops such as cotton, oilseeds, sugar and vegetables can be maintained at present, and it can also be adjusted to grow food crops in combination with relevant policies of national and local food subsidies. The situation of planting grain crops includes planting grain crops at least once a year on cultivated land and reaching the standard of cultivated land identification in national land survey, and adopting the land use mode of intercropping, rotation and interplanting of grain and non-grain crops. Permanent basic farmland shall not be converted into woodland, grassland, garden and other agricultural land and agricultural facilities construction land. It is strictly forbidden to occupy permanent basic farmland to develop forestry and fruit industry and dig ponds to raise fish; It is strictly forbidden to occupy permanent basic farmland to plant seedlings, turf and other plants for greening and decoration and other plants that damage the arable layer; It is strictly prohibited to occupy permanent basic farmland, dig lakes for gardening and build green belts; It is strictly forbidden to build new permanent basic farmland and destroy livestock and poultry breeding facilities, aquaculture facilities and planting facilities in the plough layer.

Generally speaking, permanent basic farmland is cultivated land (paddy field or dry land) that needs special protection, mainly crops (including cereals and vegetables). And cotton, oil, sugar, etc. For example, cotton fields in Xinjiang, sugarcane in Guangxi, soybeans in Northeast China, vegetables in Shandong, sesame seeds and peanuts in Henan, vegetables and strawberries in urban suburbs. ). Planting food crops includes planting at least one season of food on cultivated land every year. Generally, cultivated land is mainly used to produce agricultural products and forage such as grain, cotton, oil, sugar and vegetables; Under the premise of not destroying cultivated land and changing cultivated land types, other crops can be planted moderately. The new policy stipulates that no turf shall be planted in permanent basic farmland or general cultivated land. These regulations are not easy to grasp at the implementation level. In some places, even strawberry, Ophiopogon japonicus and other herbal fruits and medicinal materials are not allowed to be planted, which is incomprehensible.

Then, in addition to growing grain, is it absolutely impossible to occupy and adjust permanent basic farmland? Obviously not. Those who meet the prescribed conditions and requirements may also occupy, use or adjust permanent basic farmland.

Two, in line with the conditions of major construction projects, approved can occupy and adjust the permanent basic farmland.

1. Article 35 of the new Land Management Law makes it clear that it is really difficult to avoid permanent basic farmland in the site selection of national key construction projects such as energy, transportation, water conservancy and military facilities, and the conversion of agricultural land or land expropriation must be approved by the State Council.

2. The Notice of the Ministry of Natural Resources on Doing a Good Job in Pre-examination of the Occupation of Permanent Basic Farmland by Major Construction Projects (Natural Resources Regulation [2018] No.3) divides the above-mentioned major construction projects that are allowed to occupy permanent basic farmland into six categories:

(a) major construction projects explicitly supported by the CPC Central Committee and the State Council (including projects with specific names in the documents of the CPC Central Committee and the State Council or plans and projects approved by the State Council).

(2) Military and national defense. Military defense projects approved by the Central Military Commission (CMC) and its relevant departments.

(3) Transportation.

1. Airport project. National planning (refers to the civil transport airport project promulgated by the State Council and its relevant departments, the same below).

2. Railway projects. State-level railway projects with clear plans, special railway line projects specified in the Action Plan for Promoting Transportation Structure Adjustment (20 18~2020), intercity railway projects with clear plans for intercity railway construction approved by the State Council investment authorities, and urban rail transit projects with clear plans approved by the State Council investment authorities.

3. Expressway project. Highway projects with good national planning include national highways and national highway projects specified in National Highway Network Planning (20 13~2030) and national defense highway projects with clear planning.

Special policy: the provincial highways planned by the provincial expressway network and the provincial highways connecting the deep poverty-stricken areas and directly serving the areas can occupy permanent basic farmland.

(4) Energy. State-level well-planned energy projects. Power grid projects, including 500 kV and above DC power grid projects, 500 kV, 750 kV and 1000 kV AC power grid projects, and other power grid projects with clear national plans. Other energy projects, including energy exploitation, oil and gas pipelines, hydropower and nuclear power projects with clear national plans and in line with national industrial policies.

(5) water conservancy. State-level well-planned water conservancy projects.

(six) transportation, energy, water conservancy infrastructure projects supported and identified by the investment department of the State Council or the State Council in conjunction with relevant departments in order to implement the major decision-making arrangements of the CPC Central Committee and the State Council.

3. Clear: Strictly occupy the scope of major construction projects of permanent basic farmland. (1) Major construction projects explicitly supported by the CPC Central Committee and the State Council; (2) According to the requirements of the Notice on Cleaning up the List of National Major Projects to Strengthen the Protection of Construction Land (No.688 [2020] of Development and Reform Investment), the projects that need to be strengthened by the central finance are included in the list; (3) Military and national defense projects approved by the Central Military Commission (CMC) and its relevant departments; (four) airports, railways, highways, water transport, energy and water conservancy projects listed in the national plan; (5) Provincial highways planned by the provincial expressway network and provincial highway projects directly serving the original deep poverty-stricken areas; (6) The original deep poverty-stricken areas, concentrated contiguous poverty-stricken areas, infrastructure projects below the provincial level in key counties of national poverty alleviation and development work, and livelihood development projects.

Although the statements in the latter two documents are slightly different, through comparative analysis, it can be seen that the contents of major construction projects that are allowed to occupy permanent basic farmland are consistent, which are basically limited to national or provincial major projects that meet the requirements. The only difference is that the sixth category of the new document is aimed at qualified poverty-stricken areas and key counties for national poverty alleviation, and allows the construction projects that can occupy permanent basic farmland to be extended to infrastructure and people's livelihood development projects below the provincial level (does it include towns below the provincial level? )。

Due to the high protection rate of permanent basic farmland in various places, more than 80% or even more than 90% of cultivated land is classified as permanent basic farmland, especially in the Notice of the Ministry of Land and Resources on the Comprehensive Delimitation of Special Protection Permanent Basic Farmland (Land and Resources Regulation [2065 438+06] 10), linear projects and some single-choice projects with large areas are completely located after the flexibility to provide more permanent basic farmland is cancelled. That is to say, for other construction projects other than the above-mentioned major construction projects, especially linear projects, such as highways below the provincial level, general provincial highways, highways below the municipal level, and water conservancy, including rural roads and roads, how to land will face great challenges.

It should be noted that some places sometimes make some cuts in the occupation of permanent basic farmland by construction projects. For example, the recently issued 15 economic stability policy and measures in Zhejiang Province propose that the layout of permanent basic farmland should be adjusted on the premise of increasing the cultivated land area, improving the quality, improving the ecology and optimizing the spatial layout for the rural revitalization construction projects that are in urgent need of construction.

3. Qualified temporary land can temporarily occupy permanent basic farmland after approval (link: you ask me | Can temporary land occupy basic farmland? )

1. The Notice of the Ministry of Agriculture and Rural Affairs of the Ministry of Natural Resources on Strengthening and Improving the Protection of Permanent Basic Farmland (Natural Resources Regulation [20 19] 1No.) stipulates that temporary land shall generally not occupy permanent basic farmland. If temporary land is needed for the construction of construction projects and geological exploration, and the site selection is really difficult to avoid permanent basic farmland, permanent buildings (structures) and reclamation shall not be built. Land users apply for temporary land use according to legal procedures and prepare land reclamation plans. After being approved by the county-level natural resources department and filed with the municipal natural resources department, they can temporarily occupy it, generally not exceeding two years.

The Notice on Standardizing the Management of Temporary Land 165438 issued by the Ministry of Natural Resources on October 4, 2008 clearly pointed out that if it is difficult to restore the original planting conditions in beam fields and mixing stations, temporary land can not occupy cultivated land and permanent basic farmland, but construction land or temporary occupation of unused land can occupy land. If the temporary land really needs to occupy permanent basic farmland, it must be able to restore the original planting conditions, in line with the relevant provisions of the Notice of the Ministry of Agriculture and Rural Affairs of the Ministry of Natural Resources on Strengthening and Improving the Protection of Permanent Basic Farmland (Natural Resources Regulation [2065 438+09] 1No.), such as application conditions, soil stripping, reclamation acceptance, etc. At the same time, the document also raised the level of examination and approval of temporary land: the original temporary land occupied by permanent basic farmland was examined and approved by the county-level natural resources department and reported to the municipal natural resources department for the record, and it was adjusted to: the temporary land was examined and approved by the county (city) natural resources department, and the cultivated land and permanent basic farmland were examined and approved by the natural resources department above the municipal level. The examination and approval authority for temporary land use shall not be delegated or entrusted to relevant departments to exercise the examination and approval authority.

3. The Notice of the Ministry of Natural Resources on Actively Doing a Good Job in Land Use and Marine Element Protection (Zhongfafa [2022] 129) clearly stated that the policy of temporary land use should be implemented. Temporary land use for infrastructure projects such as energy, transportation and water conservancy with a long construction period shall not exceed four years. If the beam yard and mixing station directly serving the railway engineering construction need to use the land temporarily, the land reclamation scheme will be demonstrated, and a letter of commitment will be signed with the owner to clarify the time limit for the completion of reclamation and the responsibility for restoration, so as to ensure the restoration of planting conditions, which can occupy cultivated land, but not permanent basic farmland.

That is to say, temporary land such as beam yard and mixing station, which is difficult to restore the original planting conditions, shall not occupy permanent basic farmland (qualified, directly serve railway construction (why not highway? ) temporary land for beam yard and mixing station can occupy general cultivated land); Other temporary land is hard to avoid, and it is really necessary to occupy permanent basic farmland. Under the premise that permanent buildings (structures) are not built and the original planting conditions can be restored after reclamation, it should be returned after soil stripping, land reclamation plan preparation, after-use reclamation acceptance and approval by the natural resources department at or above the municipal level.

Four, in line with the strict conditions of facility agriculture, can occupy permanent basic farmland.

65438+February 65438+July 2006, the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs jointly issued the Notice on Relevant Issues Concerning the Management of Protected Agricultural Land (Natural Resources Regulation [2019] No.4), stipulating that protected agriculture belongs to the internal structural adjustment of agriculture, and general cultivated land can be utilized, so it is not necessary to implement the balance of occupation and compensation. If the planting facilities do not destroy cultivated land, permanent basic farmland can be used without supplementary planning; If cultivated land is destroyed, but it is difficult to avoid permanent basic farmland due to location reasons, permanent basic farmland is allowed to be used, but it must be supplemented. In principle, farming facilities shall not use permanent basic farmland. A small amount of permanent basic farmland is really unavoidable, and it is allowed to be used, but it must be supplemented.

1654381On October 27th, the Ministry of Natural Resources, the Ministry of Agriculture and Rural Affairs, and the State Forestry and Grassland Bureau issued the Notice on Issues Related to Strictly Controlling the Use of Cultivated Land, clearly stating that permanent basic farmland shall not be converted into land for agricultural facilities. It is strictly forbidden to build new permanent basic farmland and destroy livestock and poultry breeding facilities, aquaculture facilities and planting facilities in the plough layer.

In other words, the planting facilities can occupy permanent basic farmland without destroying the agricultural land in the tillage layer. After 202 1 1 1 27, it is strictly forbidden to add livestock and poultry breeding facilities, aquaculture facilities and planting facilities that occupy permanent basic farmland construction and destroy the arable layer.

Five, once qualified trees and grass can use permanent basic farmland, but after 202 1 1 1 27, it will be banned.

1. The new land management law and the Regulations on the Protection of Basic Farmland stipulate that it is forbidden for any unit or individual to occupy basic farmland to develop forestry and fruit industry and dig ponds to raise fish.

2. The Notice of the Ministry of Agriculture and Rural Affairs of the Ministry of Natural Resources on Strengthening and Improving the Protection of Permanent Basic Farmland (Natural Resources Regulation [20 19] 1No.) stipulates that trees (not all) such as poplar, eucalyptus and Broussonetia papyrifera, lawns, turf and other plants used for greening and decoration, as well as other plants that damage the arable layer, shall not be planted in permanent basic farmland. If it has been planted, the county-level natural resources department and the competent agricultural and rural departments can resume the production of food crops within 5 years according to the present situation of agricultural production and the degree of influence on the arable layer; If it is really impossible to recover, the permanent basic farmland will be transferred out in the verification and rectification work and supplemented as required.

1654381On October 27th, the Ministry of Natural Resources, the Ministry of Agriculture and Rural Affairs, and the State Forestry and Grassland Bureau issued the Notice on Issues Related to Strictly Controlling the Use of Cultivated Land, clarifying that permanent basic farmland shall not be converted into other agricultural land and other agricultural facilities such as woodland, grassland and garden land. It is strictly forbidden to occupy permanent basic farmland to develop forestry and fruit industry and dig ponds to raise fish; It is strictly forbidden to occupy permanent basic farmland to plant seedlings, turf and other plants for greening and decoration and other plants that damage the arable layer; It is strictly prohibited to occupy permanent basic farmland, dig lakes for gardening and build green belts.

In other words, after 202 1 1 1 27, permanent basic farmland shall not be planted with trees and grass, and shall not be used to develop fruit industry and green belt.

Six, in line with the conditions of exploration and mining, approved the occupation or temporary use of permanent basic farmland:

The Notice of the Ministry of Agriculture and Rural Affairs of the Ministry of Natural Resources on Strengthening and Improving the Protection of Permanent Basic Farmland (Natural Resources Regulation 1 [2065438]No.) stipulates that:

Geological exploration of oil and gas strategic minerals such as oil, natural gas, shale gas and coalbed methane may temporarily occupy permanent basic farmland to lay exploration wells upon approval. If the mining right is converted to mine after trial, the approval procedures for agricultural land conversion and land expropriation can be directly handled according to law, and permanent basic farmland can be supplemented according to regulations.

For non-oil and gas strategic minerals such as coal, if the mining right holder applies for mining right involving permanent basic farmland, differentiated management shall be implemented according to open-pit and underground mining methods. Open-pit mining, mining projects should meet the requirements of land occupation for major construction projects of permanent basic farmland; For underground mining, protective development measures should be implemented in the development and utilization of mineral resources and ecological protection and restoration programs. Underground mining methods are used to support the construction of ground industrial squares and other facilities to meet the requirements of major construction projects occupying permanent basic farmland.

Where mining rights overlap with permanent basic farmland, local natural resources departments at all levels should strengthen the daily supervision of permanent basic farmland protection and land reclamation, and allow registration procedures such as extension and change within the original mining rights. Where an application has been made to delimit the mining area or convert the exploration right into mining right, it shall be implemented in accordance with the above-mentioned Provisions on the Administration of Non-oil and Gas Strategic Minerals such as Coal. If the mining right holder applies to expand the scope of exploration blocks or expand the scope of mining areas, and applies to change the minerals to be explored or mined from strategic minerals to non-strategic minerals, which involves spatial overlap with permanent basic farmland, it shall be handled in accordance with the newly established mining right. If the mining right holder fails to fulfill the obligation of land reclamation according to law, no new mining right or new construction land shall be approved.

Seven, in line with the conditions of ecological land use, approved the use of permanent basic farmland:

The Guiding Opinions of the General Office of the General Office of the Central Committee of the CPC and the State Council on the Overall Delineation and Implementation of the Three Control Lines of Land and Space Planning clearly stipulates that the permanent basic farmland, villages and towns and mining rights that have been included in the core protection areas of nature reserves will be gradually and orderly withdrawn; Has been included in the nature reserve general control area, according to the impact on the ecological function to determine whether to withdraw, among them, the obvious impact of gradual and orderly withdrawal, the impact is not obvious can be taken to adjust the scope of the general control area and other measures to properly handle. The permanent basic farmland withdrawn in the process of coordination shall be supplemented synchronously in the county-level administrative area, and if it is really impossible to supplement, it shall be supplemented in the municipal administrative area.

The Notice of the Ministry of Agriculture and Rural Affairs of the Ministry of Natural Resources on Strengthening and Improving the Protection of Permanent Basic Farmland (Natural Resources Regulation [20 19] 1No.) stipulates that if the major ecological construction projects determined by the CPC Central Committee and the State Council are really difficult to avoid permanent basic farmland, the permanent basic farmland should be adjusted and the corresponding overall land use plan should be revised according to the relevant requirements. In order to implement the decision-making arrangements of the CPC Central Committee and the State Council, the provincial people's government has put forward an ecological construction project with national significance. With the consent of the State Council, it is really difficult to avoid permanent basic farmland, and the supplementary planning shall be adjusted according to the relevant requirements. It is forbidden for landscape parks, lakes and wetlands, afforestation, construction of green passages and urban green belts to occupy permanent basic farmland.

Permanent basic farmland located in areas where human activities are prohibited in national nature reserves shall be gradually withdrawn after demonstration by the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs. In principle, it should be supplemented in its county. If it is really impossible to supplement, it should be supplemented within the scope of its city. In protected areas where human activities are not prohibited, the red line of ecological protection and the control line of permanent basic farmland should be adjusted in combination with the national spatial planning.

For sloping farmland with soil and water conservation of more than 25 degrees, sloping farmland with an important water source of 15-25 degrees, cultivated farmland with serious desertification and rocky desertification, cultivated farmland with serious pollution and cultivated farmland that can't be cultivated after relocation, the actual planting situation of grain production will be comprehensively considered, and with the consent of the State Council, the permanent basic farmland will be withdrawn in an orderly manner in combination with ecological returning farmland.