What is the land red line? What does the land red line mean

China's land red line is 1.8 billion mu.

China implements a land use control system to strictly control the conversion of agricultural land into construction land, and the land red line is one of the policies to implement special protection for basic farmland, and in recent years it has introduced a policy to strengthen the protection of cultivated land. Although the scale of cultivated land occupied by non-agricultural construction has gradually declined in recent years, the momentum of a large amount of land enclosed by various types of construction such as towns and parks has been initially curbed. However, we must be soberly aware that the basic pattern of China's large population and tense relationship between man and land has not changed, the long-term mechanism of compensation for the interests of cultivated land protection is not perfect, and the enthusiasm of localities, rural collective economic organizations and farmers for cultivated land protection is still lacking.

At present, China is in an important historical period in which industrialization, urbanization, and agricultural modernization are advancing simultaneously and rapidly, and we are actively exploring a way not to sacrifice arable land, food, ecology, and the environment"Three modernizations"The new way of coordinated development is a new topic facing land management. How to base on domestic cultivated land resources and ensure national food security is not only a major issue related to the overall economic and social development of China, but also the sacred mission of land management. As an insurmountable red line, 1.8 billion mu of cultivated land has played an irreplaceable role in ensuring China's food security for many years.

1. What does the land red line mean?

1. The red line of land is borrowed from the meaning of the red line in construction, indicating the scope of land that needs to be protected and cannot be changed by the way of use, and the scope of land that can be developed and utilized by commerce, and is now mainly used to protect the limited cultivated land for growing grain from being used for commercial, industrial, road construction and other development and utilization.

2. Legal basis: Article 16 of the Land Management Law of the People's Republic of China.

The overall land use plan at the lower level shall be prepared on the basis of the overall land use plan at the higher level. The total amount of construction land in the overall land use plan prepared by the local people at all levels shall not exceed the control indicators determined by the overall land use plan at the next higher level, and the amount of cultivated land shall not be lower than the control indicators determined by the overall land use plan at the next higher level.

The overall land use plan prepared by the people of provinces, autonomous regions and municipalities directly under the Central Government shall ensure that the total amount of cultivated land within the administrative area is not reduced.

Article 18. The State shall establish a territorial spatial planning system. The preparation of territorial spatial planning shall adhere to the priority of ecology, green and sustainable development, scientifically and orderly make overall arrangements for ecological, agricultural, urban and other functional spaces, optimize the structure and layout of territorial space, and improve the quality and efficiency of territorial spatial development and protection.

Territorial spatial planning approved in accordance with the law is the basic basis for all kinds of development, protection and construction activities. Where land and spatial planning has already been prepared, the overall land use plan and urban and rural planning shall no longer be compiled.

2. How the land red line is determined.

1. The red line map is a schematic diagram of the general floor plan of the subject building determined by the Planning Bureau, or the total land surface area of the subject building formally determined by the urban code management department, where the red line is used to represent the outer boundary of the building, that is, the boundary map of the land that can be used in fact. It is a kind of boundary marking;

2. It is the legal certificate that the construction unit applies to the land management department for expropriation and allocation of land, and the location and scope of the construction matter are confirmed by the administrative department of urban and rural planning to conform to the urban and rural planning, and it is the legal certificate for the land used by the construction unit. The land-using unit without this certificate is illegal to use land, and the real estate developer's practice of selling houses is also illegal, and it is not possible to obtain real estate ownership information. It is a kind of land use certificate.

Legal analysis: The red line of land is borrowed from the meaning of the red line in construction, indicating the scope of land that needs to be protected and cannot be changed by the way of use, and the scope of land that can be developed and utilized by commerce, and is now mainly used to protect the limited cultivated land for growing grain from being used for commercial, industrial, road construction and other development and utilization.

Within the red line of land refers to the land that needs to be protected.

Legal basis: Land Management Law of the People's Republic of China

Fourth State implementation of land use control system.

The State prepares an overall land use plan, stipulates land use, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of land used for construction, and implement special protection for cultivated land.

The term "agricultural land" as used in the preceding paragraph refers to land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, aquaculture water surface, etc.; Construction land refers to the land for the construction of buildings and structures, including urban and rural residential and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land, military facilities, etc.; Unused land refers to land other than agricultural land and construction land.

Units and individuals using land must use land in strict accordance with the purposes determined in the overall land use plan.

Article 5 The competent departments of natural resources are responsible for the management and supervision of land throughout the country.

The establishment and duties of the local people's departments in charge of natural resources at or above the county level shall be determined by the people's departments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the relevant provisions.

Legal Analysis: Inside and outside the red line refers to the inside of the red line within the control line, and the outside is outside the red line. The red line is the land use control line approved by the planning department.

The red line of road generally refers to the boundary line of the road land. Sometimes a building line that determines the location of buildings along the street is also called a red line, that is, a building red line. It may coincide with or retreat behind the right line, but it must never go beyond the right line, and no permanent structures are allowed to be built within the red line.

For example, transmission pipes such as natural gas and water pipes, buried under highways or in roadside green belts, are pipes within the red line. Transmission pipelines buried in the walls or courtyards of residential areas, units, factories and mining enterprises on the side of the road are pipelines outside the red line.

Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land Article 16 After the scope of housing expropriation is determined, it is not allowed to carry out new construction, expansion, renovation of houses and change of use of houses and other improper increases in compensation costs within the scope of housing expropriation, and compensation shall not be compensated. It is generally believed that the determination of the scope of expropriation is marked by the issuance of the housing expropriation notice.