The General Office of the State Council on Resolutely Stopping
Notice of “non-agriculturalization” of cultivated land
State Administration Office of Invention No. 24 (2020)
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, all ministries and commissions of the State Council, and all directly affiliated institutions:
Cultivated land is an important foundation for food production. To solve the food problem of 1.4 billion people, we must maintain the foundation of cultivated land.
The Party Central Committee and the State Council attach great importance to the protection of cultivated land. General Secretary Xi Jinping issued important instructions and Premier Li Keqiang made clear requirements.
In recent years, the Party Central Committee and the State Council have issued a series of policies and measures to strictly protect cultivated land, but some places still illegally occupy cultivated land for non-agricultural construction. Provincial highways (including expressways) and both sides of rivers and canals illegally occupy cultivated land to build green belts that exceed the standard, and some large-scale lake landscaping pose a threat to national food security.
Local people's governments at all levels must strengthen the "four consciousnesses", strengthen the "four self-confidences", and achieve the "two maintenances", and in accordance with the decisions and deployment of the Party Central Committee and the State Council, adopt effective measures, strengthen supervision and management, and implement the strictest arable land. The protection system resolutely stops all kinds of “non-agriculturalization” behaviors of cultivated land, and firmly keeps the red line of cultivated land.
With the approval of the State Council, the relevant requirements are hereby notified as follows.
1. It is strictly prohibited to occupy cultivated land in violation of regulations for greening and afforestation.
It is necessary to strictly implement the Land Management Law, Basic Farmland Protection Regulations and other laws and regulations, and prohibit the occupation of permanent basic farmland to plant seedlings, turf and other plants for greening decoration and other plants that damage the farming layer.
Those who illegally occupy cultivated land and permanent basic farmland for afforestation shall not be allowed to verify the afforestation area and do not enjoy the financial subsidy policy.
In plain areas, ecological construction targets such as afforestation and afforestation should be rationally formulated based on resource endowments.
The conversion of farmland to forests and grasslands shall be strictly controlled within the scale and scope approved by the state, and all the land involved shall be managed by the above diagram.
Those who are illegally occupying cultivated land for greening and afforestation shall immediately stop.
2. It is strictly forbidden to build green channels beyond the standards.
It is necessary to strictly control the examination and approval of land use for green belts outside the scope of land use on both sides of railways and highways. If the roads are cultivated land, the width of the green belt outside the scope of land use on both sides shall not exceed 5 meters, of which county and township roads shall not exceed 3 meters.
Railways, national and provincial highways (including expressways), and the illegal occupation of cultivated land outside the scope of land use on both sides of county and township roads shall stop immediately.
It is not allowed to construct green passages in violation of regulations on both sides of rivers and canals and around reservoirs to occupy cultivated land and permanent basic farmland beyond the standard.
In the future, new green passages shall be constructed in accordance with laws and regulations. If permanent basic farmland is really required, the formalities for approval of permanent basic farmland occupation shall be carried out.
The greening land within the construction land for transportation and water conservancy projects shall be subject to the approval procedures for construction land in strict accordance with relevant regulations. Among them, the occupation of cultivated land must be balanced.
It is prohibited to illegally occupy cultivated land in the name of urban and rural greening construction.
3. It is strictly forbidden to occupy cultivated land in violation of regulations for digging lakes and landscaping.
It is forbidden to occupy cultivated land and permanent basic farmland without authorization in the name of river, wetland, and lake management.
It is not allowed to illegally occupy cultivated land to construct artificial wetland parks and artificial water conservancy landscapes in urban construction.
If it is really necessary to occupy, it shall comply with the national land and space planning, and go through the procedures for the approval of construction land and planning permission according to law.
Projects under construction that have not fulfilled the approval procedures shall be stopped and corrected immediately; those occupying permanent basic farmland shall be restored within a time limit, and those that cannot be restored shall be supplemented in accordance with relevant regulations.
4. It is strictly forbidden to occupy permanent basic farmland to expand the nature reserve.
Newly-built nature reserves shall have clear boundaries, and permanent basic farmland shall not be occupied.
The permanent basic farmland that has been included in the core protection area of the nature reserve must be included in the ecological conversion of farmland and exit in an orderly manner.
The permanent basic farmland in the general control area of the nature reserve shall be determined whether to withdraw according to the impact on the ecological function. The ecological conversion of farmland and the orderly exit that cause obvious impact shall be adopted. The general control area may be adjusted accordingly in accordance with laws and regulations. Measures such as scope are properly handled.
Permanent basic farmland and concentrated contiguous farmland outside the nature reserve shall not be included in the ecological protection red line, and the scattered aborigines within the ecological protection red line are allowed to retain a small amount of cultivation necessary for life without expanding the scale of existing cultivated land.
5. It is strictly forbidden to occupy cultivated land in violation of regulations for non-agricultural construction.
Strengthen the approval of construction land in rural areas and the management of rural construction planning permission, and insist on agricultural land use.
It is not allowed to engage in non-agricultural construction, occupying cultivated land and building houses in violation of the plan.
Consolidate the results of clean-up and rectification of the "big shed" problem, and strengthen the supervision of agricultural facilities.
Strengthen the monitoring of the utilization of cultivated land, provide timely warnings for the unauthorized occupation of cultivated land for non-agricultural construction, and establish a normalized supervision mechanism of early detection, early stop, and strict investigation and punishment.
6. It is strictly forbidden to grant land in violation of laws and regulations.
The approved land must conform to the national land and space plan. Any construction project that does not conform to the land and space plan, land management laws and regulations and national industrial policies, shall not be approved for land use.
All regions shall not circumvent the examination and approval of the occupation of permanent basic farmland through unauthorized adjustment of the county and township territorial space planning.
All construction land must be submitted for approval in accordance with statutory authority and procedures, and used in accordance with the approved use, location, and standards. It is strictly forbidden to use it before approval, occupy less for more, and approve A for B.
Strictly manage the temporary land use and shall not use it for a long time beyond the prescribed time limit.
All kinds of unapproved or non-compliant construction projects, temporary land use, etc. occupying cultivated land and permanent basic farmland shall be dealt with strictly in accordance with laws and regulations, and the original planting conditions shall be restored within a specified time.
7. Comprehensively carry out inspections of cultivated land protection.
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government shall organize relevant departments to conduct a comprehensive inspection of the protection of cultivated land and permanent basic farmland in the region, and strictly investigate and deal with illegal occupation and damage of cultivated land and permanent basic farmland, based on the 2016-2020 provincial government's arable land protection responsibility target assessment. Rectify the problems found within a time limit.
The Ministry of Natural Resources shall, in conjunction with the Ministry of Agriculture and Rural Affairs and the National Bureau of Statistics, conduct a comprehensive inspection in accordance with the "Provincial Government's Cultivated Land Protection Responsibility Target Assessment Measures", and illegally occupy permanent basic farmland for greening afforestation, lake landscaping, and non-agricultural construction. "Non-agriculturalization" behaviors are included in the assessment content, to strengthen the investigation and punishment of violations of laws and regulations, and to hold serious accountability for orders that are not allowed and prohibitions.
8. Strictly implement the responsibility of farmland protection.
All regions and departments must fully understand the extreme importance of implementing the strictest farmland protection system.
Local people's governments at all levels shall assume the responsibility for the protection of arable land, and assume overall responsibility for the amount of arable land in their administrative area, the area of permanent basic farmland protection and the implementation of the annual plan.
It is necessary to improve the joint responsibility mechanism of party committee leadership, government responsibility, departmental coordination, public participation, and upper and lower linkages. Leading cadres who do not perform their duties properly, are not strictly supervised, or neglect their duties, shall be held accountable in accordance with disciplines and regulations.
All regions shall, in accordance with the spirit of this notice, promptly formulate, adjust and improve relevant policies and measures, immediately correct behaviors that violate the provisions of this notice, and resolutely curb the occurrence of new problems.
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government shall report the implementation of this notice to the State Council before the end of 2020, and send a copy to the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs.
All relevant departments shall perform the responsibility of protecting cultivated land in accordance with the division of responsibilities.
The Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs shall work with relevant departments to supervise and inspect the implementation of this notice.
Office of the State Council
September 10, 2020