Six prohibitions in rural areas

In order to strictly protect cultivated land and ensure food security, the state has issued many documents in recent years, putting forward a series of requirements for cultivated land protection and use control.

First, the "eight prohibitions" of rural indiscriminate occupation of cultivated land for building houses

At the end of July 2020, the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs issued the Notice on Prohibiting the Illegal Occupation of Cultivated Land for Building in Rural Areas (Zi Nong Fa [2020]127), and put forward the "eight prohibitions" on illegally occupying cultivated land for building in rural areas:

1. It is forbidden to occupy permanent basic farmland for building houses.

2. Building houses is not allowed to occupy more cultivated land.

3. It is not allowed to buy, sell or transfer cultivated land for illegal building.

4. It is not allowed to build houses illegally on contracted farmland.

5. It is not allowed to illegally occupy cultivated land to build houses under various pretexts.

6. It is not allowed to occupy cultivated land for building houses in violation of the provisions of "one household, one house".

7. It is not allowed to illegally sell houses built on cultivated land.

8. It is not allowed to illegally approve the occupation of cultivated land for building houses.

Second, the protection of cultivated land "six prohibitions"

On September 10, 2020, the State Council issued the Notice on Resolutely Stopping the Conversion of Agricultural Land (Guo Ban Power Generation [2020] No.24), proposing "six prohibitions" on farmland protection:

1. Illegal occupation of cultivated land for afforestation is strictly prohibited;

2. It is strictly forbidden to build a green channel beyond the standard.

3. It is strictly prohibited to illegally occupy cultivated land and dig lakes for gardening;

4. It is forbidden to occupy permanent basic farmland and expand nature reserves;

5. It is strictly forbidden to illegally occupy cultivated land for non-agricultural construction;

6. It is strictly forbidden to grant land in violation of laws and regulations.

Three, the use of cultivated land "five no"

202 1,1654381On 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 Strict Control of Cultivated Land Use (No.202 166) to strictly control the use of cultivated land.

1. Do not dig lakes for landscaping or plant turf on general cultivated land;

2. It is forbidden to expand the scale of returning farmland to forests, grasslands and lakes without authorization;

3. It is not allowed to violate the regulations beyond the red line of railways, highways and other land, occupy general cultivated land, plant trees and build green belts around rivers, canals and reservoirs;

4. Without approval, the general cultivated land shall not be occupied for land greening;

5. Without the approval of industrial and commercial enterprises and other social capital, the general cultivated land that has obtained the land management right through circulation shall not be converted into other agricultural land such as woodland and garden.

In addition, we will strictly control the use of ordinary cultivated land in agricultural facilities that destroy the arable layer, such as new rural roads, livestock and poultry breeding facilities, aquaculture facilities and planting facilities. If it is really necessary to use it, it shall be approved and meet the relevant standards.

Four, permanent basic farmland "four forbidden"

In the Notice of the Ministry of Natural Resources, the Ministry of Agriculture and Rural Affairs and the State Forestry and Grassland Bureau on Issues Related to Strict Control of Cultivated Land Use, it is proposed that permanent basic farmland:

1. Permanent basic farmland shall not be converted into other agricultural land and agricultural facilities construction land.

2. It is forbidden to develop fruit industry and dig pond culture. It is forbidden to plant seedlings, turf and other plants for greening and decoration and other plants that damage the arable layer.

3. It is forbidden to dig lakes for gardening and build green belts.

4. It is strictly forbidden to build new livestock and poultry breeding facilities, aquaculture facilities and planting facilities that damage the arable layer.

In violation of the above provisions, the new indiscriminate occupation of cultivated land for building houses will be implemented with "zero tolerance" and resolutely corrected. If the cultivated land type of permanent basic farmland is changed without approval, it shall be properly disposed of and rectified and restored to cultivated land; If the general cultivated land type is changed without approval, it shall be rectified in principle and restored to cultivated land. If it is indeed difficult to recover, the people's government at the county level shall organize the implementation of the "import and export balance" of cultivated land. As for the problem of building houses by occupying cultivated land indiscriminately in the past, the state has proposed to rectify it in an orderly manner according to law, and a pilot project will be launched this year. In the past, cultivated land was converted into agricultural land such as woodland, grassland and garden, which should be handled carefully according to the actual situation, and it is not allowed to be "simplified" or "across the board" and simply restored to cultivated land.