Legal information

The natural resources (ocean) authorities, forestry and grassland authorities of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning, and the Natural Resources Bureau and Forestry and Grassland Bureau of the Xinjiang Production and Construction Corps:

In order to further ensure the elements of key construction projects in the "15th Five-Year Plan", the relevant matters are hereby notified as follows.

1. Strengthen planning guidance and pre-project work. Natural resources (ocean), forestry and grassland authorities at all levels must follow the requirements of "projects follow the plan, elements follow the project", actively participate in the preliminary work of the project, establish a consultation mechanism with relevant departments, proactively connect the spatial needs of key projects of the "15th Five-Year Plan" of relevant departments, coordinate the integration of natural resource management and land space planning into "one map" (hereinafter referred to as "one map"), coordinate scientific site selection based on land space planning, clarify the list of key land space planning projects, and improve the efficiency of natural resource element allocation.

2. Explore and establish a national spatial planning permit system. Pre-examination of land use and advance land use projects within the authority of the ministry shall be entrusted to the provincial natural resources department; those within the authority of the provincial level may be handled in accordance with the relevant regulations of the provincial people's government.Priority land use. For provinces that support the implementation of the "One Map" system networking with the Ministry, national and provincial individual site selection projects that are included in the list and placed on the "One Map" will be reviewed by the provincial natural resources authorities and issued a licensing opinion (valid for 3 years) that is in line with the national land and spatial planning, and no pre-examination of land use and site selection procedures will be required. If the above opinions are obtained, the land can be used first. If the above-mentioned projects involve occupying permanent basic farmland or ecological protection red lines, they must be reported to the Ministry for filing.

3. Establish a planned dynamic maintenance mechanism. Without breaking through the binding indicators and bottom-line control requirements of the "Three Zones and Three Lines", regular physical examinations and assessments can be combined to carry out annual dynamic maintenance of the land and space master plan based on "one map", and forward optimization of planning zoning, boundaries, key project lists and other planning contents. For land and space master plans approved by the State Council, the annual maintenance plan shall be submitted to the Ministry for record after review by the provincial people's government; for land and space master plans not approved by the State Council, the annual maintenance plan shall be reviewed and approved by the provincial people's government before being put into use. Data involving the optimization of the three control lines must be reported to the ministry. In addition to annual forward optimization, in other situations where the three control lines are adjusted, daily management will be strengthened in accordance with the regulations on permanent basic farmland, ecological protection red lines, and urban development boundary management measures. Any deviations in the layout of the three control lines caused by differences in terrain, survey stakes, property rights definitions, etc. can be reported to the Ministry of Finance in a timely manner and updated on "one map".

4. Improve the joint approval mechanism. Provincial-level natural resources (ocean), forestry and grassland authorities should promote joint review of provincial land use, sea use, forestry, grassland use, wetland use, etc. on the same platform, guide cities and counties to simultaneously carry out survey and demarcation, on-site inspection (contemporary survey), public announcements, fee payment (notification) and other related work, and conduct a comprehensive demonstration of planning and site selection.

Land use approval shall be submitted in the latest yearChange investigationThe results (including forest, grass, wetland, and wasteland monitoring results) are used as a reference to clarify land type attributes in accordance with land spatial planning and management requirements to ensure spatial uniqueness.

After the land use approval is launched, if the approval documents involving the occupation of forest land, grassland and nature reserves expire, there is no need to apply again. Contents related to important mineral resources will no longer be reviewed when submitting land for approval, and relevant work requirements will be informed when approving land for construction. Historical illegal land use (forests and grasslands) caused by reasons other than those caused by the project entity can be submitted for approval after the municipal and county people's governments promise to deal with them in place.

5. Improve the land use approval management mechanism suitable for project construction. Individually sited construction projects can apply for land in phases based on construction and other needs. Linear infrastructure construction projects can apply for land (forest, grass) in sections at the city or county level. For construction projects that have approved land use, if the scope of land use needs to be adjusted due to preliminary design changes or other circumstances, the transferred plots shall be submitted for approval in accordance with the law, and the transferred plots shall be handed over to the original land users.

6. Improve land acquisition work. On the premise of safeguarding the legitimate rights and interests of land-expropriated farmers, local people's governments at or above the county level are supported to carry out preliminary land acquisition work in parallel according to the project land scope determined by "one map".

Within the scope of urban construction land determined in the national land spatial planning, if land is acquired for development in large areas, a separate land acquisition and development plan will no longer be prepared.

7. Improve the balance mechanism of cultivated land occupation and compensation. Adhere to the principle of replenishing cultivated land by self-balancing in counties and supplementing by adjustments within provinces. For construction projects in areas with serious shortage of cultivated land resources, if it is difficult to implement the balance of occupation and replenishment in the region, they can be adjusted and supplemented within the province, and no fraud is allowed. If the reservoir (river) water surface submerged area involves the occupation of cultivated land, it belongs to the internal structural adjustment of agricultural land and is included in the dynamic balance control of the total amount of cultivated land. Mining rights for strategic minerals and non-strategic minerals such as geothermal heat and mineral water that do not cause damage to permanent basic farmland can be set overlapping with permanent basic farmland.

8. Reasonably guarantee temporary land (forest, grass) for key projects. For infrastructure construction projects such as transportation, energy, and water conservancy that are included in the list of national and provincial key projects, the approved temporary land (forest, grass) used before the expiration of the reclamation (vegetation restoration) period, with the consent of the provincial industry authorities and the natural resources (forest and grass) authorities, different construction sections can be used continuously, and the cumulative total does not exceed the approved construction period, but it must not be permanently occupied in disguise. If the temporary land use involves the use of forest and grass, land reclamation and vegetation restoration plans can be compiled together.

9. Improve mining land policies. If the exploration of various mineral resources and open-pit mining of strategic mineral resources meet the requirements for temporary land use, the local natural resources (forest and grassland) authorities can approve the temporary use of land in phases and zoning according to their authority. In principle, each phase shall not exceed 5 years, and the cumulative period shall not exceed the term of the mining rights. Those whose mining rights are renewed can apply for temporary land use to continue their use accordingly.

For mining projects that do not meet the requirements for temporary land use, it is necessary to reserve reasonable space at one time in accordance with the principle of frugality and intensification, develop it on a rolling basis, and handle land use procedures in stages. If the index linked to increase or decrease is used in rural areas (including the reclamation, restoration, restoration and vacation of existing mining land), the conversion of agricultural land can be handled in batches and expropriation can be implemented in accordance with the law. If expropriation cannot be implemented, rural collective commercial construction land can be used in accordance with the unified national deployment requirements.

10. Coordinate the promotion of existing and incremental construction landIntensive development. For construction land that has been approved by the local people's government in accordance with the law but is not actually used, the land use approval document can be withdrawn by the original land use approval authority, and the related occupation-compensation balance indicators are still valid. For provinces (autonomous regions and municipalities) that have achieved "one map" networking, a total amount control mechanism will be implemented for the scale of construction land during the planning period, and the provincial government will coordinate the use of new construction land quotas during the "15th Five-Year Plan". All provinces (autonomous regions and municipalities) must establish and improve the linkage mechanism between newly added construction land and the revitalization of existing construction land. In principle, the annual increase in urban and rural construction land shall not exceed the revitalized existing land area. The Ministry regularly monitors implementation.

New construction land will be given priority to ensure the construction of major projects and the development of people's livelihood undertakings, and will not be used for commercial real estate development in principle. The scattered land such as corner land, sandwich land, and flower arrangement land involved in the transformation of urban villages (the area in principle does not exceed 10% of the total project area), affordable housing, public facilities business outlets, and retail businesses that involve people's livelihood security can be processed for approval and supply of new land.

11. Coordinate and rationally utilize space resources on land and sea. The landward and seaward sides of the coastline have become land areas. According to land management, the "unapproved and filled" areas that have been reported to the Ministry for record will be reasonably utilized according to industry access requirements after the illegal and illegal sea use involved is investigated and dealt with and ecological protection and restoration measures are put in place. The areas on the seaward side of the coastline that are not completely landlocked are managed in accordance with sea areas. Areas involving registered collective land ownership, land use rights, contracted management rights and other usufruct rights shall in principle maintain the status quo and fully protect the legitimate rights and interests of the right holders, but no new land reclamation shall be allowed.

Support relevant provinces and cities to optimize the infrastructure layout of yachting and sea fishing industries in conjunction with land and space planning, ensure the rational use of land, sea, island and coastline needs of projects, and prohibit new land reclamation in violation of regulations. If supporting facilities for yachts and sea fishing use uninhabited islands, the development and utilization plan and demonstration report shall be compiled together. Support the exploration and establishment of a yacht terminal berth approval (transfer), transfer, registration and trading system.

12. Make rational use of protected areas and integrate and optimize results. The integration and optimization results of natural protected areas reported by provincial people's governments can be used as the basis for the allocation of natural resource elements for national and provincial key projects. On the premise of ensuring ecological security and public interests, linear infrastructure is allowed to pass through nature reserves harmlessly. If the mangrove distribution area is not recognized as "mangrove land", it can be managed according to the current land category.

13. Support the development of facility agriculture and ecological industries. Agricultural production facilities built on cultivated land that do not destroy the cultivated layer and meet the standards for identification of cultivated land shall be managed as cultivated land; agricultural production facilities and necessary ancillary and supporting facilities that do not meet the standards for identification of cultivated land can occupy general cultivated land and be recognized as land for agricultural facility construction, and shall be included in the "one map" standardized management by the county-level natural resources department in conjunction with relevant departments.

The development of small and sporadic convenience facilities that require supporting facilities such as forest and grassland recreation, camping experience, and popular science education can be coordinated with engineering facilities that directly serve forestry and grassland production and management.

Natural resources (ocean) and forestry and grassland authorities at all levels must rely on "one map" to establish a full life cycle management system, strengthen daily monitoring and supervision, improve early warning mechanisms, strictly enforce law and supervise, and seriously investigate and deal with various violations of laws and regulations.

This notice shall come into effect from the date of issuance. The "Notice of the Ministry of Natural Resources on Further Ensuring Land and Sea Elements" (Natural Resources Development [2023] No. 89) and the "Ministry of Natural Resources' Notice on Further Improving and Optimizing the Land Use Documentation and Approval Work for Major Construction Projects such as Energy, Transportation, and Water Conservancy" (Natural Resources Development [2024] No. 36) will continue to be implemented. If the documents issued by the Ministry or Bureau are inconsistent with the contents of this notice, this notice shall prevail.

Ministry of Natural Resources

National Forestry and Grassland Administration

March 5, 2026

Appendix

Annual forward optimization of land and space planningIt refers to the partial optimization of major control boundaries such as cultivated land and permanent basic farmland, ecological protection red lines, and urban development boundaries, as well as planned zoning, central urban land and sea planning layout, and specific land use layout of important urban control lines, and annual updates of the list of key construction projects, without breaking through the binding goals and tasks determined by the plan and meeting the requirements of forward optimization indicators, combined with the functional layout and spatial structure optimization needs of agriculture, ecology, and cities and towns. Among them, the optimization of cultivated land and permanent basic farmland follows the requirements of "unreduced quantity, improved quality, and ecological improvement" to gradually increase the proportion of high-quality cultivated land in permanent basic farmland, promote relatively concentrated and contiguous layout, and ensure national food security; the optimization of ecological protection red lines follows the requirements of "area stabilization, functional improvement, and unchanged nature" to orderly enhance ecological service functions and ensure national ecological security; urban development boundary optimization is based on the principles of frugality and intensive agglomeration to optimize the structure and function of construction land. If it involves breaking through the binding target tasks of the plan, the plan will be revised. The forward optimization of territorial spatial planning must not break through the safety bottom lines of natural disaster prevention and control, flood storage and detention area management and control, and historical and cultural protection.

Land spatial planning permit conditionsIt is a necessary requirement for issuing a permit that complies with the national spatial planning. It mainly includes: the project has been included in the national spatial master plan at the corresponding level; the site selection layout complies with the national spatial planning and the "three zones and three lines" and other spatial control requirements. For example, if it involves permanent basic farmland or ecological protection red lines, it complies with the relevant regulations; if it involves natural protected areas, the forestry and grassland authorities clearly allow the occupation; the scale and functional zoning of the land comply with the provisions of the relevant land use standards; if it involves the occupation of cultivated land, the requirements for the balance of occupation and compensation can be implemented. For details, see “One Map” for Natural Resources Management and Territorial Spatial Planning.

The landward and seaward sides of the coastline have become land areas and are managed according to land managementIt refers to resource allocation, supervision and law enforcement in accordance with the Land Management Law and supporting systems for the landward side of the coastline and the landward area on the seaward side of the coastline.The landward side of the coastlineIt refers to all areas located on the landward side of the mainland coastline and the coastline of inhabited islands.The seaward side of the coastline has become a land areaIt refers to the "unapproved and filled" area located on the seaward side of the coastline, where the shoreline of artificial islands has been delineated and the relevant treatment plan has been reported to the Ministry of Natural Resources for filing.The area on the seaward side of the coastline that is not completely land-formedIt refers to the "unapproved and filled" areas located on the seaward side of the coastline where artificial island shorelines have not been delineated and the relevant treatment plans have been submitted to the Ministry of Natural Resources for filing. It mainly includes "unapproved and filled" areas with linear or grid-like dykes and scattered undelineated artificial island shorelines.

Source: Ministry of Natural Resources