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It is illegal to build a farm on arable land, and there are strict requirements for rural land ownership and homestead ownership. For example, if the rural homestead exceeds the prescribed requirements, then the buildings that exceed the specified area must be demolished. In addition, the rural land ownership policy also requires that no houses or other buildings are allowed on basic rural farmland.
Therefore, it is not allowed to build farms on cultivated land. Article 75 of the Land Management Law of the People's Republic of China violates the provisions of this law by occupying cultivated land to build kilns or graves, or building houses, digging sand, quarrying, mining, or taking soil on cultivated land without authorization, destroying planting conditions, or causing desertification or salinization of land due to land development, shall be ordered to make corrections by the competent departments of natural resources and agriculture and rural affairs of the people's governments at or above the county level, and shall be dealt with within a time limit or in accordance with their duties, and may be fined. where a crime is constituted, criminal responsibility is pursued in accordance with law.
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1. Is it illegal to engage in breeding on one's own farmland?
1. Farming on one's own cultivated land is considered illegal. The rural land rights confirmation policy also requires that no houses or other buildings are allowed to be built on the basic farmland in rural areas, so it is not allowed to build farms on cultivated land, and if they are built, they will conflict with the relevant policy requirements, and the homestead includes pens for pigs, cattle and sheep. The establishment of a farm on one's own cultivated land is already a change in the nature of land use.
2. Legal basis: Article 75 of the Land Management Law of the People's Republic of China.
In violation of the provisions of this Law, by occupying cultivated land to build kilns or graves, or building houses, digging sand, quarrying, mining, taking soil, etc. on cultivated land without authorization, destroying planting conditions, or causing desertification or salinization of land due to land development, the competent departments of natural resources and agriculture and rural affairs of the people's people at or above the county level shall order corrections or rectification within a specified period of time in accordance with their duties, and may be fined concurrently; where a crime is constituted, criminal responsibility is pursued in accordance with law.
2. What are the criteria for identifying illegal construction?
1. Buildings built without applying or applying for approval, and without obtaining a construction land planning permit and a construction project planning permit;
2. Buildings built without authorization to change the provisions of the construction project planning permit;
3. Buildings built without authorization that have changed the nature of use;
4. Setting up temporary buildings as permanent buildings without authorization.
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Legal analysis: it is illegal to build farms on their own farmland, and there are strict requirements for the confirmation of rural land rights and homestead rights, for example, if the rural homestead exceeds the specified requirements, then the buildings that exceed the specified area must be demolished. In addition, the rural land rights confirmation policy also requires that no houses or other buildings are allowed to be built on basic farmland in rural areas.
Therefore, it is not allowed to build farms on cultivated land, legal basis: "Land Management Law of the People's Republic of China" Article 75 In violation of the provisions of this law, occupy cultivated land to build kilns, build graves or build houses on cultivated land without authorization, dig sand, quarry, mine, take soil, etc., destroy planting conditions, or cause desertification or salinization of land due to the development of land, the competent departments of natural resources and agriculture and rural affairs of the people's people at or above the county level shall order corrections or governance within a time limit in accordance with their duties, and may be fined; where a crime is constituted, criminal responsibility is pursued in accordance with law.
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1. Is it illegal to build farms on general cultivated land?
1. The construction of breeding farms on general cultivated land is not considered illegal. The construction of breeding farms on agricultural land is a normal behavior of farmers engaged in breeding. Agricultural land includes land used for agricultural production, cultivated land, garden land, forest land, pasture land, livestock and poultry breeding land, facility agricultural land, rural roads, pit pond water surface, other agricultural land, etc., the owner of the farm has obtained a legal contract management license, and the act of building agriculture-related facilities on the land for breeding is not considered an illegal construction.
2. 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.
Article 12. The registration of land ownership and use rights shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property.
2. What are the criteria for identifying illegal construction?
The criteria for the identification of illegal construction are as follows:
1. Buildings built without applying or applying for approval, and without obtaining a construction land planning permit and a construction project planning permit;
2. Buildings built without authorization to change the provisions of the construction project planning permit;
3. Buildings built without authorization that have changed the nature of use;
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Legal analysis: the construction of farms on cultivated land is considered illegal.
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.
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Legal analysisCount, as long as there is a certain scale of farms, will be built in the form of cement, bricks and tiles, in this way, when building, it is necessary to remove the floating mud layer of cultivated land, dig down the foundation, it is already the destruction of cultivated land, naturally even illegal construction. If you go through the formal procedures, when applying for a business license, the relevant part will not be approved, and the big rotten "illegal farm", without touching the number of legal breeding, will be investigated.
LaughingLegal basisArticle 11 of the Regulations on the Prevention and Control of Pollution from Large-scale Livestock and Poultry Breeding is prohibited from building livestock and poultry farms and farming communities in the following areas: (A) 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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