Who has the right to reclaim wasteland?

The Law on Land Reclamation stipulates that the land use right of land reclamation belongs to the land pioneers. In China, there is a big gap between urban and rural areas. Whether rich or poor, cities are generally short of land, while there are still many abandoned land in rural areas that have not been reclaimed. Some farmers will reclaim some barren hills according to their own needs to produce their own crops. Without the approval of the law and the consent of the village collective economic organizations, the wasteland reclaimed by farmers privately shall be reported to the land and resources department for disposal according to law. The land newly reclaimed by farmers who have been reported to the land and resources department for approval and confirmed as owned by the village collective economic organization and signed the household land contract shall be registered and certified according to the original land in contract relationship; Without the consent of the village collective economic organizations, the newly reclaimed land by farmers who have not signed the family land contract can be decided by the villagers themselves whether to include the family contracted land management in the registration and certification; If the villagers do not agree to the discussion, they shall register the newly reclaimed land in the register of contracted management rights, but shall not issue the contract management right certificate until the relevant provisions are clear. In rural areas, farmers can reclaim land if they want to get more land use rights, but in order to prevent farmers from reclaiming land at will, our legislature has also enacted the Land Management Law of the People's Republic of China. According to the provisions of this legal norm, land reclamation needs the consent of state organs, and land reclamation belongs to the main body after consent.

Legal basis:

Land Management Law of the People's Republic of China

Article 40 Reclamation of unused land must go through scientific argumentation and evaluation, and be carried out within the reclaimable areas delineated in the overall land use plan approved according to law. It is forbidden to destroy forests, grasslands and reclaim cultivated land, and it is forbidden to reclaim land around lakes and occupy floodplains.

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 41 State-owned barren hills, wasteland and wasteland whose development and use rights are uncertain can be used for planting, forestry, animal husbandry and fishery production, and may be designated 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.

Derivative problem:

How to confirm the right of rural wasteland?

Rural land belongs to rural collective, specifically to village collective, so the ownership belongs to village collective. The use of collective land is generally decided by the village collective. In fact, strictly speaking, it is very dangerous to reclaim land without the consent and approval of the relevant departments, and sometimes it may violate national laws and regulations, because in order to prevent the ecological environment from being destroyed, some places need protection. Generally, the development of unused land should be planned according to the actual situation, and there are specific plans for which areas are prohibited from reclamation, which areas can be reclaimed and how much can be reclaimed each year. Therefore, the land you reclaimed can only be confirmed to you after the village collective recognizes it and more than half of all the villagers agree.