Is it illegal to build a farm on your own farmland?

There is no clear policy on peasants building farms on their own contracted land, but there is a sentence in the "Rural Land Contract Law" that can be studied, that is: "It is necessary to respect the peasants' right to operate independently". It just so happens that farming is also within the scope of agricultural operations.

If your farmland is not basic protected farmland, if you want to build a breeding plant on your farmland that is not basic protection, then it is fine, then it is not illegal.

<> if your cultivated land is permanent basic farmland, you can't build a farm, and there is another condition, if your farmland is within the forbidden area, you can't build a farm. Farming in residential areas and nearby areas and residential areas will not only affect the production and life of residents, but also produce sewage flowing into the streets, which is also an area where breeding is prohibited. When peasants build livestock farms on contracted land, they generally have to obtain the consent of the village committee, and as long as the village committee agrees, all other formalities will be easy to handle.

There is also a situation, as long as the village committee issues a written approval certificate, the land department will also determine the legality, the difficulty of building a farm on their own cultivated land is still relatively large, not "want to build can be built", the conditions are more restricted, the nature of the land, environmental protection requirements, the layout planning of breeding, the approval of land use, etc., want to large-scale breeding not only need the above three certificates, it is recommended to include the land is also changed to breeding land, so that you can rest assured that the bold dry farming. In this way, even if the state expropriates the land, it will pay a large part of the money. The state strictly protects basic farmland, and basic farmland is also subject to strict restrictions, once demarcated, no unit or individual may occupy or change its use without authorization.

The law clearly stipulates that it is forbidden to build houses or take soil on basic farmland.

The construction of breeding farms involves the occupation of cultivated land, and non-agricultural construction needs to go through the approval procedures for agricultural conversion; The cultivated land you occupy is within the demarcation area of permanent basic farmland, and it also involves the rezoning of permanent basic farmland.

If it's basic farmland, no. Legal basis: Article 36 of the Land Management Law prohibits the occupation of basic farmland for planting trees, fruits, and fish.

If the agricultural land is other than the basic farmland, it is allowed to engage in animal husbandry production. Legal basis: Article 14 of the Land Management Law stipulates that land owned by village collectives may be planted by villagers to grow crops, trees, livestock and poultry.

Of course it's going to be a crime. Because your land is for farming, not farming, it will also be against the law.

Of course, it is not illegal, because it was built on the farmland of the family.

Farmers are not allowed to build farms on their own land at will, and they must obtain approval from the relevant departments.

After permanent basic farmland has been demarcated in accordance with law, no unit or individual may occupy it without authorization or change its use. 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 if it involves the conversion of agricultural land or land acquisition, it must be approved by Zhengqiao.

Whether a farmer can build a farm on his own land needs to be divided into two situations: first.

1. If the cultivated land is basic farmland, it shall not be occupied to build a breeding farm. Basic farmland can only be used for the production of grain, cotton, oil, celery, vegetables, and loose vegetables, but cannot be used for aquaculture. Clause.

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 conditions stipulated in the Animal Husbandry Law.

Summary. 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 belongs to the legal act of engaging in agricultural production and business activities, and enjoys 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 the Land Management Law, the Property Law and the relevant provisions of the Ministry of Land and Resources.

The owner of the farm has obtained the contract management license of the combined type infiltration method, and the act of building agriculture-related facilities on the land for breeding is a legal act of engaging in agricultural production and business activities, and enjoys 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 the land management law, the property law and the relevant regulations of the Ministry of land and resources.

It is sufficient to confirm the acquisition of the contract operation license.

Whether a farmer can build a farm on his own land needs to be divided into two situations: first.

1. If the cultivated land is basic farmland, it shall not be occupied to build a breeding farm. The farmland of the basic marketing chain can only be used for the production of grain, cotton, oil, vegetables and other planting industries, and can be used for breeding without losing years. Clause.

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 conditions stipulated in the Animal Husbandry Law. Aquaculture land belongs to agricultural land, and the construction of breeding houses on it does not belong to the act of changing land use, and the occupation of cultivated land other than basic farmland for aquaculture, no longer in accordance with the construction land or temporary land for examination and approval. Therefore, it is illegal to build a farm on basic farmland; However, if the general farmland meets the local planning and approval requirements, and the farm is built after obtaining the relevant procedures, it is not illegal.

Legal basis: Article 36 of the Land Management Law of the People's Republic of China The people at all levels shall take measures to guide the rotation of crops and fallow according to local conditions, improve the soil, improve soil fertility, maintain drainage and irrigation engineering facilities, and prevent land desertification, salinization, soil erosion and soil pollution.

Legal analysis: China has relevant regulations stipulating that it is forbidden for any unit or individual to build kilns, houses, nuclear graves, sand digging, quarrying, mining, taking soil, piling up solid waste, or carrying out other activities that destroy basic farmland in the basic farmland protection zone, and "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".

Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 18 Township planning and village planning shall proceed from the actual conditions of rural areas, respect the wishes of villagers, and reflect local and rural characteristics. The content of township planning and village planning shall include:

Within the scope of the planning area, the land layout and construction requirements for the construction of rural production, life service facilities, public welfare undertakings such as residential buildings, roads, water supply, drainage, power supply, garbage collection, livestock and poultry breeding sites, as well as specific arrangements for the protection of natural resources such as cultivated land and historical and cultural heritage, disaster prevention and mitigation. Township planning shall also include the development layout of villages within its administrative area.