Can a farm be built on cultivated land, and can a farm be built on cultivated land

If the occupied cultivated land is basic farmland, it shall not be occupied for the construction of breeding farms, and if the occupied cultivated land is non-basic farmland, it can be used for the construction of breeding farms if the conditions stipulated in the Animal Husbandry Law are met.

Article 36 of the Land Management Law shall not occupy cultivated land if land must be used sparingly for non-agricultural construction, and wasteland may be used; Where inferior land can be used, good land must not be occupied. It is forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, quarry, mine, and take soil on cultivated land without authorization. It is forbidden to occupy basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.

Therefore, the user of the land shall use the land in accordance with the use agreed in the temporary land use contract and shall not construct permanent buildings.

Legal analysis: The holder of the right to contract and operate land shall have the right to occupy, use and benefit from the cultivated land, forest land and grassland contracted by it in accordance with the law, and shall have the right to engage in agricultural production such as planting, forestry and animal husbandry. According to the conditions stipulated in the Animal Husbandry Law of the People's Republic of China, it can be used to build farms.

In addition, it is also necessary to pay attention to the need to build a farm in a suitable area, go through the filing and environmental impact assessment procedures, and carry out epidemic prevention work.

Legal basis: Article 331 of the Civil Code of the People's Republic of China The holder of the right to contract and operate land shall enjoy the right to occupy, use and benefit from the cultivated land, forest land and grassland contracted for its management in accordance with law, and shall have the right to engage in agricultural production such as planting, forestry and animal husbandry.

It is illegal to build a farm on one's own farmland, and only after approval and determination that the land where it is located is not a forbidden area can a farm be built.

Basic farmland cannot be used to build farms, and farms can only be built after approval. At present, land that does not meet the requirements will not be approved, and only those who pass the approval can legally build farms. If the scale of breeding is relatively large, it is necessary to apply for a land use certificate.

The establishment of a farm must be approved by a formal process, at least 500 meters away from residential areas. Fire approval, environmental protection approval, breeding license, animal epidemic prevention certificate, etc., and according to the local overall planning, before the construction of the farm needs to consult the relevant local departments, get a positive answer before the start of construction.

Animal Husbandry Law of the People's Republic of China

Article 37 The State shall support rural collective economic organizations, peasants, and animal husbandry cooperative economic organizations in establishing livestock and poultry farms and farming communities, and in developing large-scale and standardized breeding. Township (town) land use overall planning should be based on the actual local situation to arrange livestock and poultry breeding land. The land for livestock and poultry farms and farming communities established by rural collective economic organizations, farmers, and animal husbandry cooperative economic organizations in accordance with the overall land use plan of townships (towns) shall be managed as agricultural land.

If the term of the right to use the land of livestock and poultry farms and breeding communities expires and it is necessary to restore it to its original use, the owner of the land use rights of livestock and poultry farms and breeding communities shall be responsible for restoration. If it is necessary to build permanent buildings (structures) within the scope of livestock and poultry farms and breeding communities, involving the conversion of agricultural land, it shall be handled in accordance with the provisions of the Land Management Law of the People's Republic of China.

Land Management Law of the People's Republic of China

Article 33: The State implements a permanent basic farmland protection system. The following cultivated land shall be classified as permanent basic farmland in accordance with the overall land use plan and shall be strictly protected:

1) Cultivated land in the production base of grain, cotton, oil, sugar and other important agricultural products approved by the competent department of agriculture and rural affairs or the local people at or above the county level;

2) Cultivated land with good water conservancy and soil and water conservation facilities, which are being renovated and medium- and low-yield fields that can be transformed and high-standard farmland that has been built;

3) vegetable production base;

4) Agricultural scientific research and teaching experimental fields;

5) Other cultivated land that shall be classified as permanent basic farmland.

The permanent basic farmland designated by all provinces, autonomous regions and municipalities directly under the Central Government shall generally account for more than 80 percent of the cultivated land within their respective administrative areas, and the specific proportion shall be prescribed by the provinces and autonomous regions and municipalities directly under the Central Government in accordance with the actual situation of cultivated land in each province, autonomous region or municipality directly under the Central Government.

<> If the cultivated land is non-basic farmland, it can be used for the construction of livestock farms if it meets the conditions stipulated in the Animal Husbandry Law; Article 17 of the Regulations on the Protection of Basic Farmland prohibits any unit or individual from developing forestry and fruit industry and digging ponds for fish farming in basic farmland, nor can it be used for aquaculture, and basic farmland can only be used for the production of grain, cotton, oil, vegetables and other planting industries.