【2023设施农用地最新政策梳理】设施农用地的政策依据、设施农用地的界定、设施农用地管理，设施农用地的类型及存在问题与对策​

At the beginning of 2023, the No. 1 Document of the Central Committee of the Communist Party of China and The State Council issued in 2023 (namely, Opinions of the Central Committee of the Communist Party of China and The State Council on Comprehensively Promoting the Key Work of Rural Revitalization in 2023) proposed the development of modern facility agriculture. We will carry out a campaign to modernize facility agriculture. We will accelerate the development of centralized rice seedling centers and intensive vegetable seedling centers. We will accelerate the construction of facilities for drying grain, refrigerating agricultural products in producing areas, and cold chain logistics. We will focus on upgrading old vegetable facilities. We will upgrade large-scale livestock and poultry farms and aquaculture ponds. We will explore the scientific use of the Gobi and desert to develop facility agriculture on the premise of protecting the ecology and not increasing total water use. We will encourage local governments to grant credit discounts to facility agriculture.

As for facility agricultural land, the latest policies are summarized as follows.

I. Definition

According to the Circular on Issues Related to the Management of Land for Facility Agriculture issued by the Ministry of Agriculture and Rural Affairs of the Ministry of Natural Resources (Natural Resources Regulation No. 4), it is clear that land for facility agriculture includes land directly used for crop cultivation and livestock, poultry and aquaculture in agricultural production.

Among them, the land for crop planting facilities includes the land for crop production and nursing houses serving production, storage places for agricultural materials and machinery and tools, as well as the land for drying, drying, sorting and packaging, fresh-keeping and storage facilities directly related to production. Land used for livestock, poultry and aquaculture facilities includes land used for breeding and production and directly related facilities such as manure disposal, inspection and quarantine, excluding land used for slaughtering and meat processing sites.

Ii. Policy Evolution

In 2007, the Ministry of Land and Resources and the Ministry of Agriculture pointed out in the Notice on Land Use Policies to Promote Large-scale Livestock and poultry Breeding (Land Resources Development (2007) No. 220) that production facilities such as livestock and poultry houses and green isolation belt land should be managed in accordance with agricultural land, and there is no need to go through the examination and approval procedures for agricultural land conversion. Management and living rooms, epidemic prevention and control facilities, feed storage rooms, hardened roads and other ancillary facilities are permanent structures. The land used for such facilities shall be managed in accordance with rural collective construction land, and approval procedures for the conversion of agricultural land shall be handled according to law.

In 2010, the Ministry of Land and Resources and the Ministry of Agriculture issued the Notice on Improving the Management of Facility Agricultural Land (Land Resources Development (2010) No. 155), which for the first time put forward that the facility agricultural land is divided into two categories: land for production facilities and land for ancillary facilities, clarifying the corresponding scope and standards of land use, and prohibiting the occupation of basic farmland. The land and agricultural departments at the county level shall be responsible for the record.

In 2014, the Ministry of Land, Resources and Agriculture issued the Notice on Further Supporting the Healthy Development of Facility Agriculture (Land Resources Development (2014) No.127), which divided the land for facility agriculture into land for production facilities, land for ancillary facilities and land for supporting facilities. It clearly pointed out that for the construction of supporting facilities involved in large-scale grain production in plain areas, If the site selection is really difficult to be arranged on other land types and it is impossible to avoid the basic farmland, the basic farmland may be occupied after the administrative department of land and resources at the county level jointly with the department of agriculture organizes and demonstrates that the occupation is really necessary.

The appropriation of basic farmland must be made up in accordance with the principle of equal quantity and quality and relevant requirements. It is prohibited to occupy basic farmland in the construction of facilities for livestock and poultry breeding, aquaculture and factory crop cultivation. It is reaffirmed once again that facilities agricultural land shall be submitted to county-level land and resources departments and agricultural and rural departments for the record.

In 2019, the Ministry of Agriculture and Rural Affairs of the Ministry of Natural Resources clearly pointed out in the Notice on Issues related to the Management of facility agricultural Land (Natural Resources Regulation No. 4, hereinafter referred to as No. 4) that permanent basic farmland can be used for facility agricultural land if planting facilities do not destroy the cultivated land layer. If the cultivated land layer is damaged, but it is difficult to avoid permanent basic farmland due to its location, permanent basic farmland is allowed to be used but must be rezoned.

In principle, permanent basic farmland shall not be used for breeding facilities. If a small amount of permanent basic farmland is really difficult to avoid, it shall be allowed to be used but must be redrawn.

The scale of agricultural land for all types of facilities is required to be reasonably determined by the departments in charge of natural resources and agriculture and rural affairs of each province (autonomous region or municipality) in conjunction with the competent departments of agriculture and rural affairs based on the scale of production and construction standards. Among them, the standards for cleaning up, renovating and rectifying "greenhouses" shall be implemented for nursing houses, and multi-storey buildings shall be allowed for breeding facilities.

In 2020, the General Office of the Ministry of Natural Resources clearly required in the Notice on the Storage of the Map of Facility Agricultural Land (Natural Resources Letter No. (2020) 1328) that, in principle, all the facility agricultural land newly built or under construction after the issuance of Document No. 4 of the Natural Resources Regulation (2019) should be stored in the map of the supervision system of facility agricultural land before the end of 2020. All facilities agricultural land that was built before Document 4 was issued will be put into storage by June 30, 2021 in principle.

In 2021, the National Forestry and Grassland Administration of the Ministry of Agriculture and Rural Affairs of the Ministry of Natural Resources made it clear in the Notice on Issues related to Strict Control of Cultivated Land Use (No. 166 of Natural Resources (2021), hereinafter referred to as No. 166) that it is strictly prohibited to occupy new permanent basic farmland for the construction of livestock and poultry breeding facilities, aquaculture facilities and planting facilities that destroy the arable layer. Since the document was issued, new facility agricultural land will in principle no longer be available for permanent prime farmland.

3. Management of agricultural land for facilities

(1) Limitation of scope

According to whether it is directly used for agricultural production, land for facility agriculture is divided into land for production facilities and land for ancillary facilities. Land for ancillary facilities is subdivided into land for ancillary facilities for planting and land for ancillary facilities for breeding (livestock and poultry breeding, aquaculture).

(2) Land management

The Land Administration Law classifies land into three categories: agricultural land, construction land and unused land. Facility agriculture belongs to agricultural internal structure adjustment, centralized agricultural land management.

(3) occupation of cultivated land

Can occupy the general cultivated land, but should be strictly controlled, at the same time to implement the cultivated land "balance in and out". According to Civilization 166: For the conversion of cultivated land into other agricultural land and land for the construction of agricultural facilities, the annual "entry and outflow balance" shall be carried out, that is, the cultivated land shall be converted into woodland, grassland, garden land and other agricultural land and land for the construction of agricultural facilities, except for the ecological conversion arranged by the state, the permanent inundation of cultivated land caused by natural disasters, or the natural expansion of rivers and lakes. Arable land of the same quantity and quality that can be used stably for a long time shall be made up by coordinating the conversion of woodland, grassland, garden and other agricultural land and land for agricultural facilities construction into cultivated land.

(4) Occupied by Yongnong

Text 166 is more stringent than text 4, stating that it is strictly prohibited to create new livestock and poultry facilities, aquaculture facilities and crop facilities that destroy the arable land on permanent capital farmland. Since the document was issued, new facility agricultural land will in principle no longer be available for permanent prime farmland.

According to the Rules for the Legality of Land Sanitation Law Enforcement Map Spots, it is clear that those who occupy permanent basic farmland to construct livestock and poultry breeding facilities and aquaculture facilities; Land occupying permanent basic farmland for construction and damaging planting facilities on the tilled layer shall be judged as non-grain land in violation of laws and regulations.

(5) occupation of forest land

Facilities agricultural land is the relevant policy of the Ministry of Natural Resources, the Ministry of Agriculture and Rural Affairs, the occupation of forest land, need to go through the use procedures in accordance with the regulations of forestry management. However, according to the Notice on Issues Related to the Use of Forestland for Pig Breeding (No. 163, 2019) issued by the Office of the National Forestry and Grassland Administration, if the forestland for pig breeding is suitable for the protection and utilization plan, the breeding enterprises (households) can sign lease contracts with rural collective economic organizations, forestland contractors or management units. It shall be reported to the competent forestry and grassland authorities at the county level for the record, and this part of suitable forest land shall be used according to the principle of not changing the purpose of the forest land and not occupying the quota of the forest land.

Breeding enterprises (households) shall promptly restore forestry production conditions after pig raising activities. If the use of forest land other than suitable forest land is really necessary for pig breeding, and the use of forest land is changed, the local competent forestry and grassland departments at various levels shall, on the basis of law and regulations, further simplify the examination procedures for the use of forest land and effectively guarantee the quota of forest land in accordance with the requirements of the reform of "regulation, management and service". To improve the efficiency of examination and approval, provincial forestry and grassland authorities can entrust county forestry and grassland authorities to handle the procedures for using forest land for pig breeding.

(6) Administration of examination and approval

The facility agricultural land shall be managed for the record, and there is no need to go through the examination and approval procedures for construction land. Land for facility agriculture shall be put on record by rural collective economic organizations or operators to township governments after signing land use contracts. Land for pig breeding facilities may be obtained by breeding farms (households), township governments and rural collective economic organizations through negotiation and signing land use agreements.

Township governments regularly collect the information and submit it to the competent department of natural resources at the county level. Where the supplementary zoning of permanent basic farmland is involved, the construction shall not begin until the consent of the administrative department of natural resources at the county level is obtained.

(VII) The chart above is stored

The administrative department of natural resources at the county level shall, on a project basis, be responsible for the storage of the map in the three stages of land acquisition, facility construction and alteration. Within 10 working days after receiving the information from the township government, the administrative department of natural resources at the county level shall put the project name, location and other project profiles, as well as the total land area and plot coordinates, the use of agricultural land and cultivated land area in the chart above of the supervision system. If the use of permanent basic farmland requires supplementary zoning, the map of relevant information shall be stored within 10 working days after the supplementary zoning is implemented.

(8) Management of scale

The scale of agricultural land for various types of facilities shall be reasonably determined by the departments in charge of natural resources of each province (autonomous region or municipality directly under the central government) in conjunction with the departments in charge of agriculture and rural affairs on the basis of production scale and construction standards.

According to the provisions of the Notice on Issues related to the Protection of Land for Pig Breeding "issued by the General Office of the Ministry of Natural Resources, the land scale of production facilities such as the pig breeding enclosure, the channel within the farm and the green isolation belt shall be determined according to the breeding scale; The scale of land used for ancillary facilities will be increased, the upper limit of 15 mu will be cancelled, and the land needs for waste treatment and other facilities for pig breeding and production will be guaranteed.

In principle, the land scale of crop planting auxiliary facilities should be controlled within 10% of the total land area of the project, with a maximum of 30 mu. In principle, the land scale of aquaculture auxiliary facilities shall be controlled within 10% of the total land area of the project and shall not exceed 15 mu at most. The land scale of auxiliary facilities for livestock and poultry breeding shall be distinguished according to the type of breeding. In principle, the land used for livestock breeding auxiliary facilities shall be controlled within 20% of the total land area of the project, and shall not exceed 50 mu at most. In principle, the land used for auxiliary facilities for poultry breeding shall be controlled within 10% of the total land area of the project and shall not exceed 20 mu at most. -- Shandong Provincial Department of Natural Resources, Shandong Provincial Department of Agriculture and Rural Affairs, Shandong Provincial Bureau of Animal Husbandry and Veterinary

(9) nursing house

The special rectification and rectification standards for "greenhouses" shall be implemented in nursing houses. That is, the southern regions shall be limited to "a single story of 15 square meters", the northern regions shall be limited to "a single story of 22.5 square meters", and the cold regions shall be limited to "a single story of 30 square meters" (agricultural greenhouses covering an area of more than 2 mu shall be limited to "a single story of 40 square meters").

(10) Can multilayer

Multi-storey buildings cannot be built on the land used for planting facilities, otherwise new "greenhouses" may appear. Multi-storey buildings are allowed for breeding facilities, but they must meet the requirements of planning, construction safety and biological epidemic prevention.

(11) Use control

The nature and purpose of the facilities shall not be changed, especially the facilities shall not be used for remodeling houses, private estates, villas, catering, entertainment, health care and other business purposes.