Proportion of supporting construction land for agricultural land

Agricultural facility land construction standards:

(1) Clarify the management methods of facility agricultural land. The land used for production facilities and ancillary facilities is directly used for or serves agricultural production, and its nature is different from the land used for non-agricultural construction projects. According to the "Classification of Current Land Use" (GB/T21010-2007), it is managed as agricultural land.

When building agricultural facilities, operators should draw up a facility construction plan and sign a land use agreement with the local rural collective economic organization. If the transfer of land contract management rights is involved, a land transfer contract should first be signed in accordance with the law. If the construction of agricultural facilities occupies agricultural land, there is no need to go through the approval procedures for agricultural land conversion. Among them, if the production facilities occupy arable land, the operator will be responsible for re-cultivation after the production is completed, and it will not be included in the assessment of arable land reduction; if the auxiliary facilities occupy arable land, the Operators are responsible for replenishing the occupied cultivated land in accordance with the requirement of "one occupied to make up for one".

(2) Reasonably control the scale of land used for agricultural ancillary facilities. The agricultural departments of various provinces (autonomous regions and municipalities), in conjunction with the land and resources departments, shall, based on relevant agricultural standards, the type and characteristics of facility agriculture development in the region, and in line with the principle of strictly controlling the scale of land for ancillary facilities and reducing the occupation and damage of cultivated land, set standards for facility construction. Make guiding regulations and scientifically formulate land use standards for various types of production facilities and ancillary facilities.

For factory-scale crop cultivation, the scale of land for ancillary facilities is in principle controlled within 5% of the project land size, but no more than 10 acres; for large-scale planting, the scale of land for ancillary facilities is in principle controlled within 5% of the project land size. The land size should be within 3% of the project land size, but should not exceed 20 acres at most; in principle, the land size for ancillary facilities for large-scale livestock and poultry breeding should be controlled within 7% of the project land size (wherein, the scale of land for ancillary facilities for large-scale cattle and sheep breeding should be controlled in proportion) Within 10%), but not exceeding 15 acres at most; the land size for ancillary facilities for aquaculture is in principle controlled within 7% of the project land size, but not exceeding 10 acres at most. The scale of land used for ancillary facilities should be strictly controlled. Provincial land and resources and agricultural departments can set specific standards that are not higher than the above-mentioned limits based on local actual conditions.

(3) Strictly control the scope of facility agricultural land. Land used for leisure tourism projects and various agricultural parks based on agriculture, involving the construction of permanent restaurants, accommodation, conferences, large parking lots, factory agricultural product processing, medium and high-end exhibitions and sales, etc., does not fall within the scope of facility agricultural land and is classified as non-facilitated agricultural land. Agricultural construction land management. If construction is really needed, it must comply with the land use plan and go through the construction land approval procedures in accordance with the law.

Legal basis:

"Rural Homestead Management Measures"

Article 9: Each rural villager can only own one homestead, and the homestead area standard (Including accessory buildings and courtyard land), the maximum use of cultivated land shall not exceed 125 square meters; the maximum use of other land shall not exceed 140 square meters; in mountainous areas, the maximum use of wasteland and waste slopes shall not exceed 160 square meters.

The land area limit for homesteads is: 75m2 for a household with three or less people, 100m2 for a household with four people, 110m2 for a household with five people, and 125m2 for a household with six or more people. .

For those who use non-cultivated land, the maximum increase for each level is 15m2; for those in mountainous areas who have the conditions to use barren slopes and barren mountains to build houses, the maximum increase for each level is 35m2.

If the area of ??old village reconstruction and downhill resettlement demolition exceeds the land limit by more than 20m2, the land limit for one grade can be relaxed.

Article 10: Calculation of the population of rural households building houses:

(1) The calculation of the population of households building houses shall be based on the rural permanent residence of the household. Those who have received the one-child certificate can add one person to calculate the number of people building a house;

(2) Active military personnel (excluding officers), college and technical secondary school students, and prisoners can be counted as the number of people building a house. If the spouse of an urban resident has a rural registered permanent residence and does not enjoy the housing reform policy, after verification and certification by his or her employer, the spouse can be included in the house-building population when the spouse applies for building a house;

(3) Violation of the plan If the family planning policy does not accept treatment in accordance with the law, the population building a house will not be counted.

Article 11 Calculation of homestead area:

(1) Buildings and structures are bounded by the outer wall of the wall, and those that are connected are bounded by the middle of the wall or the middle of the column;

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(2) The floor area of ??protruding balconies and stairs shall be calculated based on the vertical projection of the protruding part, but the ground floor shall not be constructed;

(3) Two or more households occupying the same building For land, the land area will be allocated according to the proportion of the building area of ??the house property rights and the total area; for alley land, half of the area will be allocated to the farmers who use the upstairs, and the rest will be the private area;

(4) Passed The purchase of commercial housing and the collective land use rights obtained through public paid transfer or collective land use rights obtained through paid transfer of collective land are not included in the housing site area.

Article 12 When children who meet the conditions for household registration apply for a homestead calculation limit, the parents should leave a reasonable limit and the excess should be reasonably calculated into the children's household.

Farmers whose existing homestead area exceeds the quota should apply for a reduction in the excess area when applying for demolition and relocation of old houses according to the plan.