Legal information

The "Measures for the Management of Permanent Basic Farmland Protection Red Lines" (hereinafter referred to as the "Measures") clarifies the delineation, management, protection, optimization and adjustment of permanent basic farmland protection red lines and related quality construction. On the premise that the permanent basic farmland protection red lines must be firmly adhered to and shall not be breached and adjusted at will, a management mechanism for "the best in and the worst out" of permanent basic farmland should be established in accordance with objective laws to ensure that the designated permanent basic farmland deserves its title.

In response to the hot issues in the implementation of the "Measures", Geng Baojun combined relevant authoritative interpretations to answer questions and answer questions by issue. The question answered in this issue is "How to optimize and adjust the permanent basic farmland protection red line".

Geng Baojun: On the premise of adhering to overall stability and ensuring that the permanent basic farmland protection tasks determined by the land spatial planning are not exceeded, the permanent basic farmland protection red line can be optimized, adjusted and implemented in accordance with the principles of "no reduction in quantity, no degradation in quality, optimization of layout, and ecological improvement" to gradually increase the proportion of high-quality cultivated land in permanent basic farmland.

In principle, the adjustment of permanent basic farmland should be coordinated within the county. If it is indeed impossible to implement the supplementary allocation within the county, overall planning should be done according to the regulations of each province.

Geng Baojun:The following red lines for permanent basic farmland protection can be optimized and adjusted: high-standard farmland construction, comprehensive land consolidation, construction of supporting facilities for collective economic organizations and other local situations that reflect urgent circumstances that are conducive to farmland protection and agricultural production. At the same time, on the premise that the protection tasks remain unchanged, each locality can carry out partial positive optimization of the permanent basic farmland layout based on the physical examination of land spatial planning every year, and timely transfer out of the unreasonable plots and plots that are difficult to use stably in the long term, and timely transfer in high-quality cultivated land.

Geng Baojun:If it is really necessary to optimize and adjust the layout of permanent basic farmland, the county-level natural resources department shall work with the agriculture and rural administration department to formulate a permanent basic farmland adjustment and supplementary plan. After the provincial-level natural resources department and the agriculture and rural administration department review (record) it in accordance with regulations, the plan will be reported to the Ministry of Natural Resources to update the permanent basic farmland database.

When it comes to the construction of supporting facilities for collective economic organizations and the annual assessment and adjustment by relevant departments of the people's government at the county level, the reserve resource situation of cultivated land in the jurisdiction shall be used as an important reference. It is required that the cultivated land in the permanent basic farmland reserve area exceeds 1% of the permanent basic farmland protection task before adjustments can be initiated.

The natural resources departments of the people's governments at or above the county level, together with the departments of agriculture and rural areas, shall conduct research and demonstration based on the five-year assessment of land spatial planning and land survey results, changes in cultivated land quality, etc., as well as the restoration of cultivated land, ecological return to farmland, etc. If it is indeed necessary to adjust the cultivated land protection task objectives determined in the land spatial plan, they shall report to the original planning approval authority for approval according to the procedures, and the permanent basic farmland protection red line shall be optimized and adjusted accordingly.

Geng Baojun:The "Measures" establish a correction mechanism for permanent basic farmland demarcation. If a plot of land that does not meet the delineation requirements is mistakenly classified as permanent basic farmland due to technical errors or other reasons, the natural resources department of the county-level people's government shall make a determination together with the agricultural and rural administrative department, and report to the natural resources department of the provincial people's government step by step.

After review and approval by the natural resources administrative department of the provincial people's government together with the agricultural and rural administrative department, it shall report to the natural resources administrative department of the State Council to update the permanent basic farmland database. If supplementary planning is involved, the county-level people's government shall make overall arrangements and implement it in the annual assessment of permanent basic farmland.

Source:"China Natural Resources News"