Is it legal to grow fruit trees on basic farmland? Why?

Updated on Three rural 2024-06-19
15 answers
  1. Anonymous users2024-02-12

    Definitely not! Basic farmland is life-saving land, which is the land to be protected for the maintenance of the people's food rations, and is the basic point for the implementation of the state's policy of "storing grain in the ground and storing grain in technology". According to Article 17 of the Regulations on the Protection of Basic Farmland of the People's Republic of China, "it is forbidden for any unit or individual to occupy basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming."

    The planting of fruit trees belongs to forestry fruits, which is prohibited in basic farmland, and can only be developed in ordinary farmland.

    Compared with other countries in the world, China has the basic national condition of more people and less land, the amount of cultivated land per capita is small, less than one-third of the world's per capita cultivated land, the overall quality of cultivated land is poor, and the production level is low. At present, cultivated land is seriously degraded, 40 percent of cultivated land in arid and semi-arid areas is degraded to varying degrees, and about 30 percent of the country's cultivated land is harmed by soil erosion. Agriculture is the foundation for China's economic development and social stability, and strict protection of cultivated land is the prerequisite for improving the overall production capacity of grain, and maintaining the quantity and quality of cultivated land is very important to the sustainable development of agriculture.

    China is a typical agricultural country that is highly dependent on land, and the status and role of cultivated land are particularly important. Once the basic farmland protection zone is established, there will be a strict protection system, for example, the abandonment of basic farmland will be subject to restrictions and sanctions, and other behaviors other than changing land use and developing grain and oil planting will be stopped.

    Generally speaking, farmers should understand whether their land belongs to basic farmland, but also understand the behaviors that are not allowed to master basic farmland. First of all, the state prohibits the conversion of cultivated land in basic farmland protection zones into non-cultivated land. On this basis, it is forbidden to carry out afforestation, develop forestry and fruit industry, engage in forest-grain intercropping, and build farmland forest networks beyond the standard on basic farmland; It is not allowed to occupy basic farmland for the construction of green corridors and urban green isolation belts; In the name of agricultural restructuring, it is forbidden to dig ponds in basic farmland for fish farming, build buildings for livestock and poultry breeding, and other production and business activities that destroy the cultivated layer; It is forbidden to violate the overall land use plan and include basic farmland in the scope of returning farmland to forest.

    To sum up, the land contracted by the peasants, whether it is basic farmland or not, cannot be changed to agricultural use, and the protection of basic farmland is stricter, and only grain and oil cultivation is allowed, and it is not allowed to be used for forest and fruit production, animal husbandry, and so on.

  2. Anonymous users2024-02-11

    It is perfectly legal to grow fruit trees on basic farmland, as farmland is free to grow a variety of crops.

  3. Anonymous users2024-02-10

    It is also illegal to grow fruit trees on basic farmland, which can only be used to grow food and not other crops.

  4. Anonymous users2024-02-09

    No, this kind of behavior is illegal, and ordinary arable land is not allowed to be planted with fruit trees, and it needs to be approved accordingly.

  5. Anonymous users2024-02-08

    Both the Land Management Law and the Regulations on the Protection of Basic Farmland stipulate that the forestry and fruit industry cannot be developed on basic farmland, that is, it is illegal to plant fruit trees on basic farmland.

    According to Article 17 of the Regulations on the Protection of Basic Farmland, 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 destroy 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 to dig ponds for fish farming.

    Article 36 of the Land Management Law stipulates that non-agricultural construction must use land sparingly, and if wasteland can be used, cultivated land shall not be occupied; 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.

  6. Anonymous users2024-02-07

    No fruit trees can be planted, and there are clear provisions in the basic farmland protection regulations; Basic farmland is the most reasonable plan for China's demand for agricultural products according to a certain population and socio-economic development, and cannot be easily reused.

  7. Anonymous users2024-02-06

    Fruit trees can not be planted, which is not in line with the relevant regulations, and needs to be divided according to the specific land situation, which is divided by the relevant **.

  8. Anonymous users2024-02-05

    Under normal circumstances, it is not possible, and the planning of the land is an illegal operation, and the basic farmland division is divided by the relevant ** according to the specific situation of the local farmland.

  9. Anonymous users2024-02-04

    Summary. Fruit trees can be planted on rural land contracts, depending on the nature of the land: if it is basic farmland, fruit trees cannot be planted; It does not belong to the category of basic farmland, and if the contracted land belongs to cultivated land, then it must go through the corresponding approval before planting fruit trees.

    Amendments to the approved land use master plan shall be subject to the approval of the original approving authority; Without approval, the land use determined in the overall land use plan shall not be changed. Non-agricultural construction must use land sparingly, and where wasteland can be used, cultivated land must not be occupied; Where inferior land can be used, good land must not be occupied.

    Can fruit trees be planted on rural contracted farmland that is not basic farmland? It is better to have a legal basis.

    Fruit trees can be planted on rural land contracts, depending on the nature of the land: if it is basic farmland, fruit trees cannot be planted; It does not belong to the category of basic farmland, and if the contracted land belongs to cultivated land, then it must go through the corresponding approval before planting fruit trees. Amendments to the approved land use master plan shall be subject to the approval of the original approving authority; Without approval, the land use determined in the overall land use plan shall not be changed.

    Non-agricultural construction must use land sparingly, and where wasteland can be used, cultivated land must not be occupied; Where inferior land can be used, good land must not be occupied.

    Article 14 of the Land Management Law stipulates that the land owned by peasant collectives shall be contracted and operated by the members of the collective economic organization and engaged in planting, forestry, animal husbandry and fishery production. The term of land contract operation is 30 years.

    Article 20 of the Rural Land Contract Law stipulates that the contract period for cultivated land shall be 30 years. The contract period for the grassland is 30 to 50 years.

    The contract period for forest land is 30 to 70 years.

  10. Anonymous users2024-02-03

    No, because the fundamental farmland is China's demand for agricultural products according to the population and social economy in a certain period, it is determined that the cultivated land shall not be occupied according to the overall plan of the soil and the sky, and it is the land that is directly used for the gross consumption value of your industry, and it is the life-saving field that is affirmed by China.

    In view of the fact that our country's fundamental national conditions are that there are many people and little land, and there is a shortage of cultivated land resources, in order to maintain the country's food security and uphold social stability, the state has specially designated areas for the maintenance of fundamental farmland and carried out special maintenance of the fundamental farmland to meet the demand for agricultural products for the future development of the population and the national economy. Article 17 of the Regulations on the Maintenance of Fundamental Farmland stipulates that "no unit or individual shall be allowed to build kilns, houses, graves, excavate sand, quarry, mine, take soil, pile up solid wastes, or stop other activities that destroy fundamental farmland, nor shall they occupy fundamental farmland to carry out forestry and fruit farming or dig ponds for fish farming, and shall not use fundamental farmland for consumption of grain, cotton, or Oil consumption base.

    No one is allowed to destroy or alter the use of cultivated land.

    There is no doubt that the planting of fruit trees on fundamental farmland is a violation of the Fundamental Farmland Maintenance Regulations, which are in the nature of laws and regulations, and that violation of the regulations is a violation of the law. If a farmer violates this regulation and plants fruit trees on the fundamental farmland contracted by him, the people's land administrative department at or above the county level shall order correction or management, restore the planting conditions, and may impose a fine.

    Rural land is divided into two parts: agricultural land and rural collective construction land. Agricultural land is the land used to cultivate grain, and the land used for the establishment of rural collectives is the land used for the peasants to build houses, and the agricultural land is divided into basic farmland and ordinary farmland. The legal basis for the division of fundamental farmland is based on the rules in China's Regulations on the Maintenance of Fundamental Farmland.

    First, the cultivated land in the grain, cotton and oil consumption base approved by the relevant competent departments or the people at or above the county level; Second: cultivated land with good water conservancy and soil and water retention equipment, or medium and low-yield fields that are being transformed and can be transformed; The third is:

    vegetable consumption base; Fourth: agricultural scientific research, teaching experimental fields. In other words, in general terms, the farmland that is classified as fundamental is cultivated land with relatively good soil fertility.

    After we know the usefulness of the fundamental farmland, we must strictly abide by the regulations formulated by the state to protect the fundamental farmland, so that the usefulness of the fundamental farmland is not destroyed, so the fundamental farmland can only be used for the development of grain, oil and vegetable cultivation, and cannot be used to stop the forestry and fruit industry of aquaculture.

  11. Anonymous users2024-02-02

    No, there is a clear provision in the land management law that farmland needs to be planted with crops, so as to ensure the country's food security. It is mainly divided according to the nature of the farmland.

  12. Anonymous users2024-02-01

    This is possible, but you have to apply to the township. It is mainly judged by the location and nature of the farmland, which is mostly used for farming.

  13. Anonymous users2024-01-31

    This kind of winter is generally used to grow crops, and it is more damaging to the land when fruit trees cannot be planted. It will be divided according to the quality of the farmland, according to the quality of the soil.

  14. Anonymous users2024-01-30

    Hello, I am a partner lawyer of the platform and have received your question.

    The State Council issued No. 21, which clearly stipulates that trees are not allowed to be planted on basic farmland. The state has issued an "Emergency Circular on Resolutely Stopping the Occupation of Basic Farmland for Tree Planting", which stipulates that it is forbidden to occupy basic farmland for afforestation, the development of forest and fruit industries, the intercropping of forests and grains, and the construction of farmland forest networks beyond the standard.

    According to this provision, if the land contracted by peasant households is not in the basic farmland protection zone, trees may be planted, but the relationship between the land and neighbors must be properly handled, and the planting of trees on the farmland must not affect the normal agricultural production of others and must not harm the interests of others.

    Ordinary farmland is not allowed to be planted with trees, it can only be used to grow crops.

  15. Anonymous users2024-01-29

    It is not possible to develop the forest and fruit industry on basic farmland, that is, it is illegal to plant fruit trees on basic farmland. Legal basis: "Land Management Law of the People's Republic of China" Article 36 Non-agricultural construction must use land sparingly, wasteland can be used, and good land must not be occupied if it is not so big that it can occupy cultivated land to use inferior land.

    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 permission. It is forbidden to occupy basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.

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