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 the 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 and compared with the local land 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 blocks and brought into the strict management of the national permanent basic farmland database (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 of the Regulations on the Implementation of the Land Management Law clearly state that the state implements special protection for cultivated land, strictly abides by the red line of cultivated land protection, and strictly controls 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, cotton, oilseeds, sugar, vegetables and other agricultural products (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 Issues Related to Strict Control of Cultivated Land Use 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 will remain 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 retained at present, and they 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 on cultivated land for at least one season every year and reaching the national land survey farmland identification standard, 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 destroy the cultivated layer; It is forbidden to occupy permanent basic farmland, dig lakes for landscaping and build green belts; It is strictly prohibited to add livestock and poultry breeding facilities, aquaculture facilities and planting facilities that occupy permanent basic farmland construction and destroy the arable layer.

Generally speaking, permanent basic farmland is cultivated land (paddy field or dry land) that needs special protection, mainly crops (including grains 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, etc. ). 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 turf cannot be planted in permanent basic farmland or general cultivated land. These regulations are not easy to grasp at the implementation level. It is incomprehensible that some places are not even allowed to grow herbal fruits and herbs such as strawberries and Ophiopogon japonicus.

Then, besides growing grain, is it absolutely impossible to occupy and adjust permanent basic farmland? Obviously not. Permanent basic farmland that meets the prescribed conditions and requirements can also be occupied, used or adjusted.

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 clarifies that if 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, 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 explicitly named in the documents of the CPC Central Committee and the State Council or plans and projects approved by the State Council).

(2) Military 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 intercity railway construction plans approved by the State Council investment authorities, and urban rail transit projects with clear urban rail transit construction plans approved by the State Council investment authorities.

3. Expressway project. State-level planned highway projects include national highways and national highway projects specified in the National Highway Network Planning (20 13~2030) and well-planned national defense highway projects.

Special policy: Provincial highways planned by the provincial expressway network and provincial highways connecting deep poverty 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. The state has other energy projects that are clearly planned and in line with national industrial policies, including energy exploitation, oil and gas pipelines, hydropower and nuclear power projects.

⑤ Water conservancy. State-level well-planned water conservancy projects.

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

3. Clear: Strictly occupy the permanent basic farmland of major construction projects. (1) Major construction projects explicitly supported by the CPC Central Committee and the State Council; (2) According to the requirements of the Notice on Sorting out the List of National Major Projects to Strengthen the Protection of Construction Land (Development and Reform Investment [2020] No.688), the projects that need to be strengthened by the central government 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; (five) the provincial highway network planning and provincial highway projects directly serving the original deep poverty areas; (6) Infrastructure projects and people's livelihood development projects below the provincial level in the original deep poverty-stricken areas, concentrated contiguous poverty-stricken areas, national key poverty alleviation and development counties.

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 national key poverty-stricken counties, allowing the construction projects that can occupy permanent basic farmland to be expanded to infrastructure and people's livelihood development projects below the provincial level (does it include towns and villages below the provincial level? )。

Due to the relatively 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 Permanent Basic Farmland with Special Protection (Land and Resources Regulation [2016]10), after the flexible provisions of more permanent basic farmland are cancelled, linear projects and some large-scale farmland are classified. 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 highways, 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 15 economic stabilization policy measures recently issued by 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 rural revitalization 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 [2019]1No.) stipulates that temporary land use shall generally not occupy permanent basic farmland. If temporary land is needed for construction and geological exploration of construction projects, and it is really difficult to avoid permanent basic farmland in site selection, permanent buildings (structures) and reclamation shall not be built. Land users apply for temporary land use and prepare land reclamation plans according to legal procedures, which can be temporarily occupied after being approved by the county-level natural resources department and filed with the municipal natural resources department, generally not exceeding two years.

The Notice on Standardizing the Management of Temporary Land, issued by the Ministry of Natural Resources in 20081October 4 165438, clearly points out that if it is difficult to restore the original planting conditions, the temporary land may not occupy cultivated land and permanent basic farmland, but may use construction land or temporarily occupy unused land. If temporary land really needs to occupy permanent basic farmland, it must be able to restore the original planting conditions, and comply with 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 [2019]1No.), application conditions, soil stripping, reclamation acceptance and other relevant regulations. 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 occupied 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 (No.29 of Natural Resources Development [2022]/KLOC-0) clearly states 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 temporary land, the land reclamation scheme will be demonstrated, and the owner unit will sign a letter of commitment to clarify the time limit for the completion of reclamation and the responsibility for restoration, so as to ensure that the planting conditions can be restored and the cultivated land can be occupied, but the permanent basic farmland cannot be occupied.

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

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

65438+February 2006 65438+July 2006, the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs jointly issued the Notice on Relevant Issues Concerning Protected Land Management (Natural Resources Regulation [2019] No.4), stipulating that protected land agriculture belongs to the internal structural adjustment of agriculture, and general cultivated land can be used, without the need to implement the balance of occupation and compensation. If the planting facilities do not destroy the 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, clarifying that permanent basic farmland shall not be converted into land for agricultural facilities. It is strictly prohibited to add livestock and poultry breeding facilities, aquaculture facilities and planting facilities that occupy permanent basic farmland construction and destroy the arable layer.

In other words, agricultural land with planting facilities that do not destroy the tillage layer can occupy permanent basic farmland. After 20021127, 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.

5. Once qualified trees and grasses can use permanent basic farmland, it will be banned after 2021127.

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. 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 [2019]1No.) stipulates that trees (not all) such as poplar, eucalyptus, Broussonetia papyrifera, lawns, sods and other plants used for greening and decoration, as well as other plants that damage the tillage 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 it will be replenished 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 agricultural facilities such as woodland, grassland and garden. 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 destroy the cultivated layer; It is strictly prohibited to occupy permanent basic farmland, dig lakes for landscaping 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 [2065438]1No.) stipulates that:

Geological exploration of oil and gas strategic minerals such as oil, natural gas, shale gas and coalbed methane can temporarily occupy permanent basic farmland to lay exploration wells after 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 the mining right of permanent basic farmland, differentiated management shall be implemented according to the 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. If the application that has obtained the exploration right delimits the mining area or turns the exploration right into the mining right, it shall be implemented in accordance with the above-mentioned Regulations 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, it shall not approve its new mining right and new construction land.

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

The Guiding Opinions of General Offices of the General Office of the Central Committee of the CPC and the State Council on Overall Delineation and Implementation of Three Control Lines in Land and Space Planning clearly points out that permanent basic farmland, towns and villages 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 the gradual and orderly withdrawal, the impact is not obvious, according to the law and regulations 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 replenished synchronously within the county-level administrative area, and those that really cannot be replenished shall be replenished within 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 [2019]1No.) stipulates that if it is really difficult to avoid permanent basic farmland in major ecological construction projects determined by the CPC Central Committee and the State Council, the permanent basic farmland shall be adjusted and the corresponding overall land use plan shall 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 ecological construction projects of great 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 strictly forbidden for landscape parks, lakes and wetlands, afforestation, construction of green passages and urban green belts and other man-made projects to occupy permanent basic farmland.

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