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It is illegal to build a farm on agricultural land. It is necessary to go to the examination and approval department to approve the land specially used for breeding before the farm can be built.
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It is not an illegal building, but it needs to be applied for, otherwise it is an illegal building.
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It is illegal because it occupies the area of cultivated land, and the construction of a farm needs to apply for a farm license from the relevant local authorities.
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As long as the farm is registered with the land department for the record, and the relevant land use procedures for the capital construction of the breeding plant are handled, the reasonable and legal operation of the breeding plant is not an illegal building.
In addition, the construction of a breeding plant on agricultural land is not a change in the nature and main use of the land, and there is no need to review the breeding land. The measures related to rural breeding land mainly include the Notice on Promoting Land Use Policies for Large-scale Livestock and Poultry Breeding and the Notice on Issues Concerning the Management of Facility Agricultural Land.
Notice on Promoting Large-scale Livestock and Poultry Breeding Related Land Use Policies (Land Resources Development [2007] No. 220**Du** Departments are not allowed to use the new rural planning or natural environment as a reason to strictly prohibit or restrict industrialized animal husbandry. If the rural collective economic organization, peasant households, and the cooperative economic organization of the breeding industry follow the overall land use plan of the township (town) and set up the land required for the establishment of industrialized animal husbandry in accordance with the agricultural land management method, and use it as commercial land for the adjustment of agricultural production structure, it is not necessary to go through the approval procedures for the conversion of agricultural land.
Other business owners will cooperate with rural collective economic organizations, peasant households, and cooperative economic organizations in the livestock industry to set up areas needed for industrialized animal husbandry, and implement group management.
Production facilities such as livestock houses and commercial land in green isolation belts do not need to go through the approval procedures for the conversion of agricultural land in accordance with the agricultural land management methods; The management method and ancillary facilities such as living land, disease prevention and control equipment, concentrate storage land, and hardened roads belong to permanent buildings (structures), and their commercial land is compared with the management method of rural collective construction land, and the approval procedures for the conversion of agricultural land need to be handled in accordance with the law.
Facility agricultural land includes facility land directly used in agriculture for crop cultivation and livestock and aquatic product breeding, and land for livestock and aquatic product breeding facilities includes land for breeding and production and immediately associated manure sewage treatment, inspection and testing facilities, and does not include commercial land for slaughtering and meat processing sites.
Facility vegetables belong to the internal structure of agriculture and animal husbandry, can be used in general arable land, there is no need to implement the balance of occupation and compensation, feeding equipment is not allowed to use permanent basic farmland under normal circumstances, involving a little permanent basic farmland can not be avoided, allowed to be used but must be redrawn. If the facility agricultural land is no longer in use, it must be restored to its normal main use. If it involves the rezoning of permanent basic farmland, the capital construction can only be started with the permission of the competent authority for ecological resources at the county and municipal levels.
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Legal Analysis: Agricultural land is collective land. Collective land is divided into basic farmland and non-basic farmland, and if the cultivated land occupied belongs to basic farmland, it shall not be occupied to build a breeding farm.
If the cultivated land occupied is non-basic farmland, it can be used for the establishment of livestock farms if the conditions stipulated in the Animal Husbandry Law are met, so animal husbandry can be carried out on collective land.
Legal basis: "Land Management Law of the People's Republic of China" Article 43 The establishment of township enterprises or the construction of township (town) village public facilities and public welfare undertakings, and the use of land owned by peasant collectives with approval in accordance with the law does not need to apply for the use of state-owned land.
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Whether it is illegal to build farms on cultivated land should be determined according to the specific situation, as follows:
1. If the cultivated land is basic farmland, it is not allowed to occupy and build a breeding farm, which is an illegal act. Because China prohibits any unit or individual from building kilns, houses, graves, digging sand, quarrying, mining, taking soil, piling up solid waste, or carrying out other activities that damage basic farmland in the basic farmland protection zone", "it is forbidden for any unit or individual to occupy basic farmland to develop forestry and fruit industry and dig ponds for fish farming", basic farmland can only be used for the production of grain, cotton, oil, vegetables, and other planting industries, but not for aquaculture;
2. If the cultivated land to be occupied is non-basic farmland, it can be used to build a breeding farm if it meets the specified conditions.
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.
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.
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Whether it is illegal to build a farm on farmland in rural areas depends on the specific circumstances. If the cultivated land is permanent basic farmland, it is not allowed to occupy the farm. Since China has relevant regulations, it is stipulated that:
It is strictly forbidden for all individuals and units to build kilns, houses, graves, sand digging, mining, mining, and soil mining in the basic farmland protection area. Accumulation of solid waste or other activities that destroy basic farmland. It is strictly forbidden for all individuals and units to occupy permanent basic farmland, develop trends, cultivate industries, and dig ponds and fish ponds."
Basic farmland can only be used for agricultural production and manufacturing of grain, cotton, oil, vegetables and fruits, but cannot be used for aquaculture.
If the cultivated land to be used is classified as non-basic farmland, it can be used to build a breeding farm if it meets the requirements of the Animal Husbandry Law. In addition, the land for breeding belongs to agricultural land, and the construction of land for breeding on it does not belong to the individual act of changing the nature of the land, and the occupation of cultivated land other than the permanent basic farmland is engaged in the breeding industry. It will no longer be reviewed on a land or temporary basis.
Therefore, it is illegal to build a farm on basic farmland; However, if the general farmland complies with the local overall planning and audit regulations, and the farm is built after obtaining the corresponding certificates, it is not illegal.
If a farm is built on basic farmland, in addition to holding a meeting to carry out the demolition reasonably and legally, it may also encounter penalties. Naturally, the policies are different across the country, and the actual punishment situation also needs to be based on the handling decision of the local ** agency. Our country's policy stipulates:
It is strictly forbidden for all individuals and units to build kilns, houses, graves, dig sand, mine, mine, mine, pile up solid waste, or carry out other activities with the theme of destroying basic farmland in the basic farmland protection area.
It is strictly forbidden for all individuals and units to occupy the basic farmland development trend planting industry and digging ponds and fish ponds", and the basic farmland can only be used for grain, cotton, oil, vegetables and fruits and other agricultural production and manufacturing, and cannot be used for breeding industry. If the cultivated land to be used is classified as non-basic farmland, it can be used to build a breeding farm if it meets the requirements of the Animal Husbandry Law. In addition, the land for breeding belongs to agricultural land, and the construction of land for breeding on it is not an individual act to change the nature of the land, and the occupation of cultivated land other than basic farmland will no longer be reviewed according to land or temporary land.
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It's a violation of the law, and you'll be fined. Your land will be found, and your land will be **, you will be fined accordingly, and your business income will be confiscated, and your pigs will also be confiscated.
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Not only is it an illegal act, but it is also an illegal occupation of land. There will be a penalty of fines, and there will also be ** on the land, what will be done to you accordingly, and your illegal occupation fees will also be confiscated.
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It's definitely against the law, you can face penalties, you can be fined a lot of money, you can be detained.
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Assuming that the cultivated land is basic farmland, then this is a hard rule, that is, it cannot be occupied for the construction and use of breeding farms. The national policy stipulates that it is forbidden for any unit or individual to build kilns, houses, graves, dig sand, quarry, mine, take soil, pile up solid waste, or carry out other activities that damage basic farmland in the basic farmland protection zone.
It is forbidden for any unit or individual to occupy basic farmland for the development of forestry and fruit industry and digging ponds for fish farming", and other provisions, basic farmland can only be used for the production of grain, cotton, oil, vegetables and other planting industries, and cannot be used for aquaculture. Of course, the policies of various places are different, and the specific punishment situation should be subject to the penalty decision of the local ** department.
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It is illegal to build and maintain basic farmland, but it is not illegal to build and maintain on non-basic farmland. The relevant departments of illegal construction will require the demolition of illegal buildings, restoration of cultivated land, and certain fines, but the specific situation shall be subject to local policies.
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Hello, it depends on the specific situation, if it is built without any approval, filing or consent from the relevant departments, then it may be identified as an illegal building.
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Breaking the law, because such an act is not allowed at all, it will also be punished, and only a fine.
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The owner of the farm has registered with the land department and handled the relevant certificates, and the legally opened farm is not an illegal building. The act of building agriculture-related facilities on land for breeding is a legal act of engaging in agricultural production and business activities, and they enjoy the right to engage in animal husbandry as an agricultural production and business activity in accordance with the law, which is the basic guarantee for farmers to develop agriculture as a basic industry in accordance with the Land Management Law and the relevant regulations of the Ministry of Land and Resources.
Legal basis] Article 331 of the Civil Code provides that 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 and operated by him in accordance with the law, and shall have the right to engage in agricultural production such as planting, forestry and animal husbandry.
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<> need to be judged according to the nature of the land occupied, if the occupied land is basic farmland, it cannot be used to establish a farm, and if the occupied land is non-basic farmland, it can be used to establish a farm if the conditions stipulated in the Animal Husbandry Law are met. The rational construction of livestock farms can not only make use of the land, but also increase the economic income of the peasants and promote the development of the rural areas.
1. Can farms be built on agricultural land?
Whether a farm can be built depends on the nature of the land occupied, if the land occupied is basic farmland, it cannot be used to establish a farm, and if the land occupied is non-basic farmland, it can be used to establish a farm if the conditions stipulated in the Animal Husbandry Law are met.
Second, is it an illegal construction?
If the occupied land is non-basic farmland, it is not illegal construction, and the rational construction of breeding farms on non-basic farmland can not only make use of the land, but also increase the economic income of the peasants and promote the development of the rural areas. However, before building a farm, it is necessary to sign an agreement with the local rural collective economic organization and go to the relevant local departments to go through the relevant procedures before it can be built.
3. What should be paid attention to when building a farm?
1. The construction of farms should be far away from schools, drinking water sources, and keep a distance of 500m between the two farms.
2. Reasonably design the size and layout of the farm to ensure the ventilation of the farm.
3. The safety facilities in the farm should be prepared.
4. Animal manure can not be littered, and it is best to build a biogas digester to make use of the manure.
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