Is it legal for farmers to build greenhouses on their contracted land? On what basis?

Updated on Three rural 2024-06-18
12 answers
  1. Anonymous users2024-02-12

    The construction of greenhouses on one's own contracted land is a legal use of land, and the ownership of the greenhouse facilities built is also enjoyed by the contractor. Enjoy the right to use and benefit from the contracted land in accordance with the law, and have the right to independently organize production and operation.

    and disposal products;

  2. Anonymous users2024-02-11

    This method is also legal, because the contracted greenhouse is also used to grow crops. The basis is that as long as there is no damage to the land and no impact on the cultivation of crops, then there will be no illegal acts.

  3. Anonymous users2024-02-10

    It should be determined according to the specific planting situation, if it is to grow food, it is legal to grow vegetables, and it may be illegal to want to grow flowers.

  4. Anonymous users2024-02-09

    Generally speaking, if farmers build vegetable greenhouses on their own contracted land, it is legal, but if it is a breeding greenhouse, it is not legal, the specific reasons are as follows, let's learn about it together.

    First of all, the land contracted by farmers belongs to farmland, and if there is no problem with the construction of vegetable greenhouses on the farmland, it is also a legal act, because the vegetable greenhouses are mainly planted vegetables, and they are still agricultural production, and the nature of the use of land has not changed. And a lot of the vegetables we eat in winter come from vegetable greenhouses. But also pay attention to the relevant requirements when building vegetable greenhouses, its area can not exceed 15 square meters when building nursing houses, the length of the walkway in the city can not exceed 60 centimeters, and the width of the entire road in the plantation can not be greater than 8 meters.

    If it exceeds the standard, it is necessary to rectify it, but if it is not rectified after being ordered by the relevant department, it is illegal. In addition, like some large-scale agricultural projects, there is also a need for clear signage.

    Secondly, Article 16 of the "Land Management Measures" stipulates that no unit or individual is allowed to develop farmland into forestry and fruit industry or dig ponds for fish farming, so it is illegal for farmers to engage in breeding greenhouses on their own contracted land. If there is a need to build greenhouses, be sure to consult with the relevant departments to clarify the relevant requirements for the construction of greenhouses. Confirm whether the greenhouse you want to build is compliant and legal.

    To sum up, whether it is legal for farmers to build greenhouses on their own contracted land, it depends on whether farmers have changed the nature of land use, if it is mainly for agricultural production, then it is legal, but if it changes the nature of land use, such as breeding greenhouses, it is illegal. Moreover, when building greenhouses, we must apply to the relevant departments to build greenhouses under the conditions that meet the standards. The construction of greenhouses is subject to the preferential policies of the state, do not build greenhouses in violation of regulations, otherwise not only can not benefit from it, but will lose big because of the small.

  5. Anonymous users2024-02-08

    Summary. Article 342 of the Criminal Law [Crime of Illegal Occupation of Agricultural Land] Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of farmland, forest land, or other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine. Article 346: [Provisions on Punishment for Units Committing Crimes of Destroying the Protection of Environmental Resources] Where a unit commits the crimes provided for in Articles 338 to 345 of this Section, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of each of the articles of this Section.

    Hello, illegal.

    First, the construction of greenhouses on cultivated land needs to be approved. According to the notice of the Ministry of Land and Resources and the Ministry of Agriculture on further supporting the healthy development of facility agriculture (No. 127 2014), in the cultivated land covered with greenhouses to cultivate succulents, the land operator draws up the facility construction plan, and the township ** and the rural collective economic organization sign a tripartite land use agreement, and the township ** timely report the land use agreement and the facility construction plan to the county-level land and resources department and the agricultural department for the record.

    Second, in principle, greenhouses can be built on basic farmland, but greenhouses and nursing houses are not allowed. Therefore, if it is a planting greenhouse with legal construction procedures, it is still possible, but it is absolutely not possible to use the greenhouse structure to transform agricultural production land into residential land, which is illegal land use and illegal construction.

    Thirdly, it may even be criminally liable. The construction of "big sheds", "ecological parks", "leisure farms", etc., on cultivated land or even permanent basic farmland, violates the Land Management Law, and is an illegal act of destroying cultivated land or illegally occupying land.

    Therefore, if the construction of greenhouses on cultivated land is not approved, or if the construction of farmland is changed, it is illegal.

    Article 342 of the Criminal Law [Crime of Illegal Occupation of Agricultural Land] Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of farmland, forest land, or other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine. Article 346: [Provisions on Punishment for Units Committing Crimes of Destroying the Protection of Environmental Resources] Where a unit commits the crimes provided for in Articles 338 to 345 of this Section, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of each of the articles of this Section.

  6. Anonymous users2024-02-07

    Legal analysis: If it is basic farmland, it is illegal, according to China's basic farmland protection regulations, after the basic farmland protection zone has been demarcated in accordance with the law, no unit or individual may change or occupy it. China's land management law stipulates that all land owned by the state that is used for agriculture in accordance with the law may be contracted and operated by units or individuals engaged in planting, forestry, animal husbandry, and fishery production.

    Legal basis: "Regulations on the Protection of Basic Farmland" Article 15 After the basic farmland protection zone has been demarcated in accordance with law, no unit or individual may change or occupy it. The site selection of key construction projects such as national energy, transportation, water conservancy, and military facilities cannot avoid the basic farmland protection area, and it is necessary to occupy basic farmland, and if it involves the conversion of agricultural land or the expropriation of land, it must be approved.

    Land Management Law of the People's Republic of China Article 13 Cultivated land, forest land, grassland, and other land used for agriculture in accordance with law owned by peasant collectives and owned by the State in accordance with law and used by peasant collectives in accordance with law shall be contracted by means of household contracting within rural collective economic organizations, and barren mountains, barren ditches, barren hills, barren beaches, etc., which are not suitable for household contracting, may be contracted by means of bidding, auction, public consultation, etc., to engage in planting, forestry, animal husbandry, and fishery production. The contract period is 30 years for cultivated land contracted by households, 30 to 50 years for grassland, and 30 to 70 years for forest land. After the expiration of the contract period for cultivated land, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with law.

    Land owned by the State for agricultural purposes in accordance with the law may be contracted and operated by units or individuals engaged in crop farming, forestry, animal husbandry, and fishery production.

    The contract issuing party and the contracting party shall conclude a contract in accordance with law, stipulating the rights and obligations of both parties. Units and individuals contracted to operate land have the obligation to protect and rationally utilize the land in accordance with the purposes agreed in the contract.

  7. Anonymous users2024-02-06

    Summary. Although they are all called vegetable greenhouses, but the structure is different, some are easy to recover, will not cause damage to the farmland, do not belong to the facility agriculture of vegetable greenhouses, such as simple greenhouses built with iron frames and plastic films, this kind of greenhouses are allowed to build. But if a greenhouse, greenhouse, or nursing house is part of facility farming, for example:

    Build vegetable greenhouses to grow crops like factories, build brick houses and drying yards next to vegetable greenhouses. Generally speaking, it is strictly forbidden to occupy basic farmland for this type of construction. If it is built, it may be determined that it is illegal and ordered to be demolished within a time limit, and if it is not demolished voluntarily, it may be forcibly demolished.

    It is basic farmland, and the station uses fungus to hang the greenhouse, yes.

    Illegal. Those who occupy cultivated land in various agricultural parks or directly build non-agricultural facilities such as houses on cultivated land in violation of laws and regulations, as well as those who illegally occupy cultivated land to build houses in agricultural greenhouses and change the nature and use of land are serious violations of laws and regulations.

    Breaking the law, how can the country not care, it's not that there is less land, it's the top ten land.

    Regardless does not mean legal.

    All occupation of cultivated land, especially permanent basic farmland construction of non-agricultural facilities, change the nature and use of land are illegal construction, although are called vegetable greenhouses, but the structure is not the same, some are easy to recover, will not cause damage to farmland, do not belong to the facility agriculture of vegetable greenhouses, such as with iron frame and plastic film to build up simple greenhouses, this kind of greenhouses are allowed to build. However, if the greenhouse, greenhouse or nursing house belongs to facility agriculture, for example: building a vegetable greenhouse to grow crops like a factory, building a brick house next to the vegetable greenhouse, drying ground, etc.

    Generally speaking, it is strictly forbidden to occupy basic farmland for this type of construction. If it is built, it may be determined that it is illegal and ordered to be demolished within a time limit, and if it is not demolished voluntarily, it may be forcibly demolished.

    What category do you fall into?

    The first category is not illegal, and the second category is illegal.

  8. Anonymous users2024-02-05

    In rural areas, the most important needs of peasant households are their ownLand contracting rightsright. However, there is one thing that we peasant households should know, that is, all the rural land contracts are owned by the whole people, not the private property of peasant households. Farmers are not allowed to carry out unauthorized transactions or change agricultural land without authorization.

    The main purpose, Even if the farmers have the right to operate and own, this kind of control power cannot be used indiscriminately. Greenhouse vegetables are necessary equipment for agriculture at the same time, and farmers grow food crops.

    And growing vegetables is all one characteristic. There is no policy that prohibits the construction of greenhouse vegetables in contracted fields.

    There are no laws and regulations.

    There is no violation of the rules. Land resources are used to create wealth, and if you are engaged in agriculture, you cannot limit yourself to planting food crops. In many areas, the income from the cultivation of small grains is very optimistic.

    Farmers should not see the protection of farmland as a necessity to grow corn or wheat. Naturally, it is definitely illegal to build indiscriminately in arable land, shouting about the basic construction of greenhouses, building houses, and building villas.

    Recently, illegal buildings have been demolished across the country.

    The demolition is also a fake greenhouse, or the kind of housing that shouts about the construction of the greenhouse. Therefore, farmers should distinguish what is the real greenhouse vegetables and what is the greenhouse. If it is really for better agriculture, the basic construction of greenhouse vegetables will not violate the regulations.

    If the farmer's good friend still wants to build a greenhouse for the sake of better and appropriateness, it is proposed that everyone go to the village to say hello and apply for it before building the greenhouse. In this way, you can also have peace of mind.

    With the development of modern agriculture at this stage, many farmers are using their own contracted land to gradually build greenhouses, plant some off-season agricultural products, and manipulate the time to market, which can usually obtain good economic benefits.

    In our hometown and village, basically every household has built a vegetable greenhouse on its own land to grow leeks, and some small houses may be built around the greenhouseIt is used to take care of the placement of vegetable greenhouses and agricultural machinery. These are all reasonable and legal engineering buildings.

  9. Anonymous users2024-02-04

    Not counted. At this time, the land is to be legally used on the contracted land, so it is not considered an illegal construction.

  10. Anonymous users2024-02-03

    This is an illegal construction, because the contracted land is not allowed to build greenhouses, and the contracted land is generally agricultural land, which is different from the land where the greenhouse is built, and it is illegal if it is found.

  11. Anonymous users2024-02-02

    It should be regarded as an illegal construction, because the construction of greenhouses in their own contracted land in the name of building agricultural greenhouses is a non-agricultural construction, which can be forcibly demolished or even without compensation.

  12. Anonymous users2024-02-01

    Rural land also has different characteristics. There are vegetable gardens on the land in the countryside, fields, hillside land, barren hills, responsibility fields, irrigated land, etc. The characteristics of the earth are different.

    However, in normal times, farmers do not make such a strict difference when farming, and no one requires that crops are not allowed in vegetable gardens and vegetables are prohibited on hillsides. But when it comes to what policies are really there, that's not the case. It can be concluded that it is not possible to build a greenhouse in the field.

    How the greenhouse was built before that was because my country considered the villagers at that time, want to increase the income of residents, and greenhouses are generally built within the allowable range. Unauthorized construction of greenhouses must pass the audit, even if the villager committee does not find out without review, but I am afraid that there will be inconvenience in the future.

    Anyone who occupies agricultural land in an agricultural park.

    Or take advantage of the reason for the basic construction of agricultural and animal husbandry service facilities and illegal construction of non-agricultural machinery and equipment, such as vacation tourism, games and entertainment restaurants, tourism reception equipment, private ecological parks, villas, etc., in the said vegetable greenhouse internal structure illegal application of agricultural land capital construction "greenhouses", housing, etc., the construction of this illegal area must be completely dismantled, surrendered to the lease, according to the standard of restoration of agriculture, to ensure that rural land agricultural machinery, agricultural shed agricultural machinery. For the real vegetable greenhouse nursing room, if it exceeds the norms, or changes the characteristics and application fields of the nursing room in violation of laws and regulations in the name of this to carry out the development and design of housing and operation housing, it must also be governed and rectified in accordance with laws and regulations.

    To put it simply, in areas where agricultural facilities such as vegetable greenhouses have been built, the characteristics of agricultural machinery and the main use of equipment for land resources have been changed to non-agricultural households.

    The construction of operating facilities is the specific content that must be focused on rectifying the "big shed" problem. In addition, whether you can contract the land for the construction of greenhouse vegetables on your own land is calculated through the village ** and the village land resource unit, only the village. Village.

    Allowed by the secondary ** department. Or go through the formalities and documents, your basic construction of greenhouse vegetables is reasonable and legal, and the urban planning unit has no right to intervene, <>

    If you build a greenhouse for many years, China's leading institutions have issued the latest policypolicy, the planning of your capital construction greenhouse land resources into a first-class farmland protection area, is conducive to the use of land resourcesManagement methods, mechanical automation planting, mechanical automation harvesting, etc., can not be the capital construction of greenhouses must be moved in time, you can apply to the relevant departments to give effectiveSeverance payments

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