China has a basic farmland protection system, which prohibits individuals from illegally occupying basic farmland. "Basic farmland protection law" Article 15 After the basic farmland protection areas are demarcated according to law, no unit or individual may change or occupy them. Location of national key construction projects such as energy, transportation, water conservancy and military facilities. It is really impossible to avoid the basic farmland protection area, and it is necessary to occupy basic farmland. If it involves the conversion of agricultural land or the expropriation of land, it must be approved by the State Council.
Sixteenth the State Council approved the occupation of basic farmland in the city, the local people's government shall, according to the approval documents of the State Council, modify the overall land use planning, and supplement the land equivalent to the quantity and quality of basic farmland. The occupying unit shall, in accordance with the principle of how much it occupies and how much it reclaims, be responsible for reclaiming the cultivated land equivalent to the quantity and quality of the basic farmland it occupies; If the cultivated land that cannot be cultivated or cultivated does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government, and the special fund shall be used for reclamation of new cultivated land.
Units occupying basic farmland shall, in accordance with the requirements of local people's governments at or above the county level, use the topsoil of basic farmland for soil improvement of newly reclaimed cultivated land, inferior land or other cultivated land.
Article 17 It is forbidden for any unit or individual to build kilns, build houses, build graves, dig sand, quarry, mine, borrow soil, pile up solid wastes or engage in other activities that damage basic farmland in the protected areas of basic farmland.
It is forbidden for any unit or individual to occupy basic farmland to develop forestry and fruit industry and dig ponds to raise fish.
Regulations on the protection of basic farmland
Article 33 Anyone who, in violation of the provisions of this Ordinance, occupies basic farmland to build kilns, build houses, build graves, dig sand, quarry, mine, borrow soil, pile up solid wastes or engage in other activities that destroy basic farmland and destroy planting conditions, shall be ordered by the land administrative department of the people's government at or above the county level to make corrections or governance, restore the original planting conditions, and be fined for occupying basic farmland and farmland reclamation fee/kloc-0 times but less than 2 times; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-fourth embezzlement, misappropriation of basic farmland land reclamation fees, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions or disciplinary sanctions according to law.
Extended data:
the land administration law of the people's republic of china
Thirty-sixth non-agricultural construction must save land. Those who can use wasteland shall not occupy cultivated land. Those who can use inferior land shall not occupy good land.
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 basic farmland to develop forestry and fruit industry and dig ponds to raise fish. ?
Jiujiang News Network News (Cao Ming) Recently, duchang county held a semi-annual meeting on farmers' housing management, which was presided over by Hu, deputy county magistrate, and attended by leaders of county land and resources bureau, county planning bureau, rural housing office and 24 township owners. In addition, interviews were conducted with leaders in charge of 8 townships in which farmers occupied basic farmland to build houses over 1 mu from June to June in the last three townships.
Hu conveyed the important instructions of Xiao Lixin, secretary of the county party Committee, and Zhong, the county magistrate, to the towns with problems, and put forward requirements for the next step: First, strengthen ideological understanding. All towns and villages should earnestly grasp the awareness of laws and regulations, consolidate the awareness of subject responsibility, and clarify their own positioning awareness; The second is to strengthen policy propaganda. We should make full use of slogans, propaganda vehicles and other propaganda means to carry out extensive and in-depth publicity at all levels, and strive to create a strong atmosphere for standardizing farmers' housing construction; The third is to strengthen daily control.
Farmers' housing management should be controlled from the source, so as to achieve early detection, early intervention and early stop, and establish and improve the management mechanism; The fourth is to strengthen the rectification. Severely crack down on illegal construction such as occupying basic farmland and super-high size, and rectify as soon as possible. Those under construction should be fully controlled and put an end to all illegal and illegal construction behaviors; The fifth is to strengthen standardized management. All towns and villages should strictly implement the principle of standardized examination and approval and "first batch before construction", and improve the ledger and list management mechanism.
Andy, director of the County Bureau of Land and Resources, reported the situation of farmers occupying basic farmland to build houses 1 mu from June to June in 65438, and asked the towns and villages occupying basic farmland to rectify within a time limit and put an end to all illegal occupation of basic farmland. Wu, director of the county planning bureau and director of the rural housing office, reported on the housing construction management of township farmers in the past six months. The county rural housing office set up six groups from June 30th to July 3rd, and inspected 24 townships in the form of unannounced visits and on-the-spot verification. It is found that some villages and towns occupy basic farmland construction, super-high buildings, and the management of farmers' housing construction is chaotic.
At the same time, it also points out the shortcomings of rural farmers' housing construction management: first, it does not pay enough attention to farmers' housing construction management; Second, the planning and publicity are not in place, and the awareness of normative construction is weak; Third, the account list is not perfect and the approval procedure is not standardized; Fourth, the control of building houses along the trunk line is not enough.
The meeting pointed out that the construction of farmers' housing in duchang county started late, with a weak foundation, and the situation was particularly grim. All towns and villages should effectively change their concepts, fulfill their main responsibilities, and really put the management of farmers' housing construction in an important position.
At the same time, it is necessary to treat both the symptoms and root causes, highlight key points, grasp typical cases, actively innovate management models, establish and improve a long-term mechanism for farmers' management, and truly realize the normalization of farmers' housing management. Township leading cadres should dare to take responsibility, dare to be serious, dare to face difficulties, strengthen their confidence, and then make up their minds to truly implement the management of farmers' housing construction.
Baidu Encyclopedia-Basic Farmland Protection Regulations?
Baidu Encyclopedia-Land Administration Law of the People's Republic of China
Jiujiang News Network-duchang county says "No" to illegal building in rural areas.