Recently, some so-called lawyers have released a lot of legal knowledge and legal application on the construction of breeding sheds, informing the public that breeding sheds are managed in accordance with agricultural land and do not need to be approved for the conversion of agricultural land to construction land. It really gives the public a lot of knowledge about facility agricultural land. However, due to the limitation of the length of the article. It is inevitable that there are some ingredients that pinch the head and remove the tail, and some may mislead the public to understand and bring unnecessary trouble to farmers. It is necessary to discuss with the experts**.
1. Accurately grasp the types of agricultural land. Article 4 of the Land Management Law of the People's Republic of China stipulates that agricultural land refers to land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, aquaculture water surface, etc.;Therefore, please do not equate agricultural land with cultivated land and permanent basic farmland, and accurately grasp the concept of agricultural land and the types of land it contains.
2. Breeding facilities are strictly prohibited from occupying permanent basic farmland.
Article 2 of the notice of the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs on issues related to the management of facility agricultural land stipulates that in principle, breeding facilities shall not use permanent basic farmland, and if it is really difficult to avoid a small amount of permanent basic farmland, it is allowed to be used but must be rezoned. Therefore, some of the ** simply say that breeding facilities do not need to be approved is too one-sided, and does not conform to the relevant national regulations.
3. The cultivated land occupied by breeding facilities must be balanced in and out.
In December 2021, the Ministry of Natural Resources, the Ministry of Agriculture and Rural Affairs, and the National Forestry and Grassland Administration issued the Notice on Issues Concerning the Strict Control of Cultivated Land Use, requiring that new agricultural facilities such as rural roads, livestock and poultry breeding facilities, aquaculture facilities, and planting facilities that destroy the cultivated layer should be used for the use of general cultivated land, and a cultivated land entry and exit balance system should be implemented. That is to say, if the above-mentioned projects need to occupy general cultivated land, for every mu of construction, it is necessary to restore from other agricultural land to one mu of cultivated land for balance.
4. Although aquaculture production facilities do not need to be approved, they need to be supervised.
Taking Guangxi as an example, the notice of the Department of Natural Resources of Guangxi Zhuang Autonomous Region and the Department of Agriculture and Rural Affairs of Guangxi Zhuang Autonomous Region on further strengthening and standardizing the management of facility agricultural land in our region stipulates that livestock and poultry (silkworms) and aquaculture. The land for production facilities shall be approved according to the scale of aquaculture. In principle, the scale of land for auxiliary facilities for breeding shall not exceed 10% of the land scale of facility agriculture projects (of which large-scale cattle and sheep raising can be relaxed to 15%). In addition to the approved land area for production facilities for multi-high-rise aquaculture in accordance with the scale of aquaculture, the land for production facilities and the scale of land for auxiliary facilities that must be built shall be implemented in accordance with the requirements of the competent departments of agriculture and rural affairs, ecological environment and housing and urban-rural construction, and the construction shall meet the requirements of construction safety and biological epidemic prevention. Therefore, although the construction of facility agricultural land does not require approval, it does not mean that it can not be subject to supervision.
5. Facility agricultural land shall not be implemented by means of temporary land approval. Article 57 of the Land Management Law of the People's Republic of China stipulates that the temporary use of State-owned land or land owned by farmers for construction projects and geological exploration shall be approved by the people's land administrative departments at or above the county level. Therefore, temporary land use is only suitable for the construction of construction projects and geological exploration needs. Not applicable to other projects.
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