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1. Can farms be built on forest land?
1. Whether the forest land can be built as a breeding farm depends on the specific situation, and the analysis is as follows:
1) If approved by the local forestry department, it is legal to build a breeding farm on forest land;
2) If there is no approval from the local forestry department, it is illegal to build a farm without permission.
2. Legal basis: Article 11 of the Regulations on the Prevention and Control of Pollution from Large-scale Livestock and Poultry Breeding.
It is forbidden to build livestock and poultry farms and breeding communities in the following areas:
1) Drinking water source protection areas, scenic spots;
b) the core area and buffer zone of nature reserves;
3) Urban residential areas, cultural, educational, scientific research areas, and other areas with concentrated populations;
D) other prohibited areas provided for by laws and regulations.
2. Can illegal buildings on forest land be forcibly demolished?
Whether illegal buildings on forest land can be forcibly demolished depends on the situation, and the analysis is as follows:
1. It will be ordered to return the illegally occupied land, and the newly built houses on the illegally occupied land will be demolished or confiscated within a time limit. Therefore, this kind of house is also an illegal house, which will be punished or demolished;
2. If the house is not built in violation of regulations, it cannot be forcibly demolished.
Those who have obtained the "Building Land Planning Permit", "Site Selection Opinion" and the relevant procedures for the land in the early stage, and can obtain the final "Housing Construction Permit" or real estate property right certificate by correcting or completing certain procedures, can go through the supplementary procedures, and should be given the opportunity to make corrections or make corrections within a time limit.
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Legal analysis: Farms can be built on forest land, but they need to be approved by the local forestry department before breeding. If it is necessary to build infrastructure to occupy forest land, it is also necessary to go through the procedures for forest land harvesting, as well as pay vegetation restoration fees and forest compensation fees.
Legal basis: Article 11 of the Regulations of the People's Republic of China on the Prevention and Control of Pollution from Large-scale Livestock and Poultry Breeding prohibits the construction of livestock and poultry farms and breeding communities in the following areas
1) Drinking water source protection areas, scenic spots;
b) the core area and buffer zone of nature reserves;
3) Urban residential areas, cultural, educational, scientific research areas, and other areas with concentrated populations;
D) other prohibited areas provided for by laws and regulations.
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Legal Analysis: Farms can be built on forest land, but they need to be approved by the local forestry department before breeding. If it is necessary to build infrastructure to occupy forest land, it is necessary to apply for the "Tax Registration Certificate", "Business License" and "Institution Certificate" and other licenses in the taxation, industry and commerce, and technical supervision departments, and to apply for the "Animal Epidemic Prevention Conditions Certificate" with the "Verification Notice" of the industrial and commercial department to the county-level animal husbandry and veterinary management department, and register for the record.
Legal basis: Land Management Law of the People's Republic of China
12th change of land ownership and use in accordance with law, shall go through the formalities for land change registration.
13th registered land ownership and use rights are protected by law, no unit or individual may infringe.
Article 14 The land owned by peasant collectives shall be contracted and operated by the members of the collective economic organization and shall be engaged in planting, forestry, animal husbandry, and fishery production. The term of land contract operation is 30 years. The contract issuing party and the contracting party shall conclude a contract stipulating the rights and obligations of both parties.
Farmers who contract to operate land have the obligation to protect and rationally use their land in accordance with the purposes agreed in the contract. Peasants' right to contract and manage land is protected by law.
During the term of land contracting, the land contracted between individual contractors shall be appropriately adjusted, and the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives shall be obtained, and shall be submitted to the township (town) people's ** and the people's ** agricultural administrative departments at the county level for approval.
Article 15 State-owned land may be contracted and operated by units or individuals engaged in planting, forestry, animal husbandry and fishery production. Land owned by peasant collectives may be contracted and operated by units or individuals other than the collective economic organizations to engage in cropping, forestry, animal husbandry, and fishery production. The contract issuing party and the contracting party shall conclude a contract stipulating the rights and obligations of both parties.
The term of land contracting and operation shall be stipulated in the contract. Units and individuals contracted to operate land have the obligation to protect and rationally use land in accordance with the purposes agreed in the contract. If the land owned by the peasant collective is contracted and operated by a unit or individual other than the collective economic organization, it must be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and shall be reported to the township (town) people for approval.
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Legal analysis: Individual contracted forest land cannot be used to build breeding farms. The division of land in the country is very clear, and agricultural land is divided into farmland, forest land, pasture land, and breeding land, and special land can only be used for special purposes.
Forest land can only grow food crops and some cash crops, and the construction of breeding farms requires the nature of the land to be used for aquaculture, and the land management bureau has a clear note on the land, and the land use shall not be changed at will, otherwise, the state has the right to punish or even confiscate the land.
Legal basis: Article 35 of the Land Management Law of the People's Republic of China After permanent basic farmland has been demarcated in accordance with law, no unit or individual may occupy or change its use without authorization. It is indeed difficult to avoid permanent basic farmland in the site selection of key construction projects such as national energy, transportation, water conservancy, and military facilities, and those involving the conversion of agricultural land or land acquisition must be approved.
It is forbidden to circumvent the approval of the conversion of permanent basic farmland and agricultural land or land acquisition by means such as adjusting the overall land use plan at the county level or the overall land use plan of the township (town) without authorization.
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Whether the forest land can be used as a breeding farm should be determined according to the specific situation
1. If approved by the local forestry department, the construction of breeding farms on forest land is a legal act and can be built;
2. If there is no approval from the local forestry department, it is illegal to build a farm without permission, and it cannot be built. The farm should remove the fecal sewage in the house in time, should pay special attention to the feces and sewage in the dead corner, keep the feces dry as much as possible, and clean up once a day as much as possible. Do a good job of cleaning and sanitation inside and outside the house, and disinfect regularly.
Properly dispose of the removed feces, pull them away in time and treat them harmlessly. Waste bedding and sick and dead livestock and poultry in the field should also be properly disposed of.
If the supporting facilities for pollution prevention and control are not built, the supporting facilities built by themselves are not qualified, or the comprehensive utilization and harmless treatment of livestock and poultry breeding wastes are not entrusted, livestock and poultry farms and breeding communities shall not be put into production or use. Where livestock and poultry farms and farming communities build supporting facilities for pollution prevention and control on their own, they shall ensure their normal operation.
Legal basisArticle 11 of the Regulations on the Prevention and Control of Pollution from Large-scale Livestock and Poultry Breeding.
It is forbidden to build livestock and poultry farms and breeding communities in the following areas:
1) Drinking water sources and protection areas, scenic spots;
(ii) the core areas and buffer zones of nature conservation areas;
3) Urban residential areas, cultural, educational, scientific research areas, and other areas with concentrated populations;
D) other prohibited areas provided for by laws and regulations.
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1. It is necessary to go through the filing procedures for the land for production facilities, and sign the land use agreement for the record with the Land Bureau and the Agricultural Bureau. Site selection must be approved;
2. The whole process from site selection to final farm production and operation needs to be identified and analyzed through environmental impact assessment, and it is necessary to build pollution prevention and control facilities. The EIA procedures need to be handled at the Environmental Protection Bureau;
3. Pollutant discharge permit, animal epidemic prevention condition certificate, wild animal domestication and breeding license;
4. Handle industrial and commercial registration;
5. After the farmers obtain the business license, they need to go to the Animal Husbandry Bureau to go through the registration procedures for the farm.
Information needed for the establishment of a breeding farm on forest land:
1. A written application for occupation submitted by legal persons, citizens or other organizations that need to occupy or requisition forest land to the local county-level forest letter code industry administrative subjective department;
2. Approval documents;
3. The identity certificate of the construction unit or individual occupying the requisitioned forest land;
4. The agreement on forest land, forest tree compensation and resettlement subsidy signed between the construction unit and the forest right owner unit of the occupied and requisitioned forest land;
5. The feasibility report on the use of forest land for the Youye project made by the qualified forestry survey, planning and design unit;
6. Fill in the Application Form for the Use of Forest Land;
7. Proof of ownership of the occupied and requisitioned forest land.
Legal basisArticle 11 of the Regulations on the Prevention and Control of Pollution from Large-scale Livestock and Poultry Breeding.
It is forbidden to build livestock and poultry farms and breeding communities in the following areas:
1) Drinking water source protection areas, scenic spots;
b) the core area and buffer zone of nature reserves;
3) Urban residential areas, cultural, educational, scientific research areas, and other areas with concentrated populations;
D) other prohibited areas provided for by laws and regulations.
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Legal analysis: It is not illegal to build a breeding plant on agricultural land, and it is not illegal to build a breeding plant on agricultural land.
Legal basis: Animal Husbandry Law of the People's Republic of China Article 37 The State supports rural collective economic organizations, farmers and animal husbandry cooperative economic organizations in establishing livestock and poultry farms and farming communities, and 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.
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Summary. Breeding farms can be built on economic forest land. However, it is necessary to obtain the approval of the local forestry department before breeding.
Breeding farms can be built on economic forest land. However, it is necessary to obtain the approval of the local forestry department before breeding.
If it is necessary to build infrastructure to occupy forest land, it is necessary to apply for the "Tax Registration Certificate", "Business License" and "Institution Certificate" and other licenses in the Ministry of Taxation, Industry and Commerce, and Technical Supervision respectively, and to go to the county-level animal husbandry and veterinary management department to handle the "Animal Epidemic Prevention Conditions Certificate" with the "Verification Notice" of the industrial and commercial department, and register for the record.
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