The Departments of Natural Resources (or Departments of Natural Resources and Environmental Protection, Bureaus of Natural Resources, Bureaus of Natural Resources and Housing Administration, or Bureaus of Planning and Natural Resources) of each province, autonomous region, and municipality directly under the central government; the Departments (or Bureaus, Offices, or Commissions) of Agriculture (including agriculture and pastoral affairs, agricultural machinery, animal husbandry, veterinary medicine, agricultural reclamation, township and village enterprises, fisheries, and rural economy); the Bureau of Natural Resources and the Bureau of Agriculture of the Xinjiang Production and Construction Corps; and all local offices of the National Land Inspection Bureau:

　　With the advancement of agricultural modernization in our country and the transformation from traditional agriculture to modern agriculture—especially in recent years, as the transfer of rural land contract management rights has accelerated, the scale of agricultural production and operation has continued to expand, agricultural infrastructure has steadily increased, and agricultural productivity has improved. To meet the needs of modern agricultural development, promote the healthy and orderly growth of facility agriculture, refine the management of facility agricultural land, and prevent unauthorized conversion of farmland into construction land or expansion of construction land areas under the guise of developing facility agriculture, we hereby issue the following notice on relevant issues:

　　I. Further define the scope of facility agricultural land.

　　According to the "Classification of Current Land Use" (GB/T 21010-2007), facility agricultural land refers to land used for livestock and poultry sheds directly engaged in commercial animal husbandry, production facilities for factory-based crop cultivation or aquaculture, and land for their corresponding ancillary facilities—as well as agricultural facility land such as drying yards located outside rural residential plots. Based on the characteristics of facility agricultural land and with a view to facilitating standardized management, facility agricultural land is specifically categorized into land for production facilities and land for ancillary facilities.

　　(1) Land for production facilities refers to land within agricultural project areas that is directly used for the production of agricultural products. This includes:

　　1. In factory-based crop cultivation, land is used for multi-span greenhouses with steel-frame structures and covered with glass or PC panels;

　　2. Land used for production facilities such as livestock and poultry houses (including passageways within the farm area), disposal of livestock and poultry organic waste, and green buffer zones;

　　3. Land used for aquaculture production facilities, including aquaculture ponds, factory-based aquaculture systems, and inlet and outlet channels;

　　4. Breeding and seedling-raising sites, as well as land for simple production and caretaking sheds.

　　(2) Land for ancillary facilities refers to land within the agricultural project area that directly supports agricultural production. This includes:

　　1. Land for management and residential facilities: Refers to land designated for facilities necessary to support facility-based agricultural production, including inspection and quarantine monitoring, prevention and control of animal and plant diseases and pests, as well as office and residential amenities.

　　2. Warehouse land: Refers to land designated for the storage of agricultural products, agricultural inputs, feed, agricultural machinery and tools, as well as sites necessary for sorting and packaging agricultural products;

　　3. Land used for hardened drying yards, biomass fertilizer production sites, and roads that meet the requirements for “rural roads.”

　　The land and resources and agricultural departments of each province (autonomous region, municipality) may, based on local conditions and in accordance with the principles outlined above, formulate additional regulations regarding the use of land for production facilities and ancillary facilities.

　　II. Implement categorized management based on land use conditions.

　　(1) Clarify the management approach for agricultural facility land. Land used for production facilities and ancillary facilities is directly used for or serves agricultural production; its nature differs from that of land used for non-agricultural construction projects. According to the “Classification of Current Land Use” (GB/T 21010-2007), such land shall be managed as agricultural land.

　　Operators intending to construct agricultural facilities shall prepare a facility construction plan and sign a land-use agreement with the local rural collective economic organization. If the project involves the transfer of land contract management rights, the operators must first enter into a land-transfer contract in accordance with the law. For agricultural facilities constructed on farmland, no separate approval procedures for converting farmland use are required. Specifically, if production facilities occupy cultivated land, the operator shall be responsible for restoring the land to cultivation after the production period ends, and such restoration will not be factored into the assessment of cultivated-land reduction. As for ancillary facilities occupying cultivated land, the operator shall, in compliance with the “one-for-one replacement” requirement, take responsibility for replenishing the occupied cultivated land.

　　(2) Reasonably control the scale of land used for ancillary facilities in facility agriculture. The agricultural departments of each province (autonomous region, municipality), in collaboration with the departments of natural resources, shall, based on relevant agricultural standards, the types and characteristics of facility agriculture development in their respective regions, and guided by the principle of strictly controlling the scale of land used for ancillary facilities and minimizing the occupation and damage to cultivated land, formulate guiding regulations on facility construction standards and scientifically establish land-use standards for various production and ancillary facilities.

　　For facilities used for factory-based crop cultivation, the land area allocated to ancillary facilities should, in principle, be limited to no more than 5% of the total project land area, with a maximum cap of 10 mu. For large-scale planting operations, the land area allocated to ancillary facilities should, in principle, be limited to no more than 3% of the total project land area, with a maximum cap of 20 mu. For large-scale livestock and poultry breeding, the land area allocated to ancillary facilities should, in principle, be limited to no more than 7% of the total project land area (among which, for large-scale cattle and sheep breeding, the proportion of land allocated to ancillary facilities should be limited to no more than 10%), with a maximum cap of 15 mu. For aquaculture, the land area allocated to ancillary facilities should, in principle, be limited to no more than 7% of the total project land area, with a maximum cap of 10 mu. The scale of land allocated to ancillary facilities must be strictly controlled. Provincial departments of natural resources and agriculture may, based on local conditions, formulate specific standards that do not exceed the above-mentioned limits.

　　(3) Strictly define the scope of facility agricultural land. For leisure and tourism projects based on agriculture as well as various agricultural parks, any land used for constructing permanent facilities such as restaurants, accommodations, conference centers, large parking lots, industrialized agricultural product processing plants, or mid-to-high-end exhibition and sales venues does not fall within the scope of facility agricultural land and shall be managed as non-agricultural construction land. If such construction is indeed necessary, it must comply with land-use planning and undergo the prescribed approval procedures for construction land in accordance with the law.

Within the scope of construction land designated in the overall land-use plan, applications to use land as construction land for the development of facility agriculture projects may be managed as construction land and shall undergo the necessary construction approval procedures in accordance with the law.

　　(4) Guide the rational siting of facility agriculture. Localities should, based on agricultural development plans and land-use plans, and on the premise of protecting cultivated land and making rational use of land, actively promote the development of facility agriculture. The construction of such facilities should, as far as possible, make use of underutilized lands such as barren mountains, steep slopes, tidal flats, and low-efficiency or idle land, avoiding or minimizing the occupation of cultivated land. The occupation of basic farmland is strictly prohibited. If it is indeed necessary to occupy cultivated land, priority should be given to lower-quality farmland to avoid indiscriminate occupation of high-quality farmland. At the same time, through engineering and technological measures, efforts should be made to minimize damage to the arable soil layer.

　　III. Standardize the Review of Agricultural Land for Facility Use

The construction of agricultural facilities and the allocation of land are initiated by the operator’s application, submitted through the township government, and approved after review by the county-level government. The application and review procedures for land use shall be carried out in accordance with the following steps and requirements:

　　(1) Application by the Operator. Operators of facility agriculture shall prepare a facility construction plan, which shall include the project name, construction location, land area, types and quantities of facilities to be built, construction standards, and the scale of land use. The operator shall also consult with the relevant rural collective economic organization regarding land-use terms such as the duration of land use, intended land use, supplementary farmland, land reclamation, land return, and liability for breach of contract. After reaching an agreement, both parties shall sign a land-use agreement. The operator shall submit the facility construction plan and the land-use agreement to the township government to apply for land use.

　　(2) Township-level application. Based on relevant regulations governing the management of agricultural facility land, the township government shall review the facility construction plans and land-use agreements submitted by the operators. If the materials meet the requirements, the township government shall promptly submit them to the county-level government for review; if they do not meet the requirements, the township government shall promptly notify the operator and provide a detailed explanation of the reasons.

In cases involving the transfer of land contract management rights, the operator shall, in accordance with the law, first sign a contract for the transfer of land contract management rights with the rural collective economic organization and the contracted households.

　　(3) County-level Review. The county-level government shall organize the agricultural and land resources departments to conduct a review. The agricultural department shall focus its review on the necessity and feasibility of facility construction, the necessity and reasonableness of adjusting the intended use of contracted land, as well as the operator’s agricultural management capabilities and transfer contracts. Based on the agricultural department’s review opinions, the land resources department shall focus its review on the rationality and compliance of the land designated for facility use, as well as the land-use agreements. Where supplementary farmland is involved, the department shall also verify that the operator has fulfilled its obligation to supplement farmland first before occupying new land. If the application meets the prescribed requirements, it shall be approved by the county-level government.

After the agricultural facility land use is reviewed and approved, the township government will specifically supervise the implementation of facility construction and the land-use agreement. The county-level department of natural resources and land will handle related tasks such as land change surveys, registration, and ledger management. Meanwhile, the county-level agricultural department will be responsible for the amendment of land contract agreements and the filing and registration of transfer contracts.

The construction of agricultural facilities and land use on state-owned farms shall be initiated by the farms themselves. After undergoing a preliminary review by the farm’s competent authority, the applications shall be submitted to the people’s government at the county level or above for examination and approval. The specific implementation procedures shall be formulated independently by each province (autonomous region or municipality).

　　IV. Strengthen Supervision and Management of Agricultural Land Used for Facilities

　　(1) Strictly enforce control over the intended use of agricultural land designated for facility-based farming. Operators must adhere to the principle of using agricultural land for agricultural purposes and utilize the land in accordance with the terms of their agreements. The intended use of facility-based farmland must not be altered; unauthorized or disguised conversion of such land for non-agricultural purposes is strictly prohibited. Land-use standards must not be exceeded, and operators are forbidden from arbitrarily expanding the scale of facility-based farmland or circumventing these restrictions by submitting multiple applications to gradually increase the land area. The nature of facilities directly engaged in or serving agricultural production must not be changed, and operators are prohibited from using such facilities for other commercial activities without authorization. The land and resources authorities shall strengthen supervision over land use, while the agricultural authorities shall intensify oversight of operators’ agricultural management capabilities, business practices, and compliance with land-transfer contracts.

　　(2) Establish a joint responsibility mechanism for the supervision of facility agricultural land. The municipal and county departments of natural resources and land, agricultural departments, and township governments should all incorporate facility agricultural land into their daily management, establish relevant systems, divide responsibilities and collaborate effectively to create a coordinated working mechanism. The municipal and county departments of natural resources and land, in collaboration with the agricultural departments, shall strengthen follow-up supervision after approving facility agricultural land applications, provide guidance and oversight on land use practices for such land, and promptly carry out land change surveys, registration, and ledger management. Township governments are responsible for supervising operators to ensure that agricultural facility construction is implemented precisely according to the agreed terms of the contract and for enforcing land reclamation responsibilities.

Provincial departments of natural resources and agriculture should keep abreast of the status of facility agricultural land within their respective regions, conduct special inspections on an irregular basis, promptly summarize findings, analyze existing issues, and improve management practices.

(3) The use of facility agricultural land shall be included in the scope of land inspections and satellite-image-based enforcement checks. At the county-level land and resources departments and township/town land offices, inspections of facility agricultural land shall be conducted during routine land patrols. For any cases of land use that do not comply with prescribed requirements, early detection, prompt cessation, timely reporting, and swift investigation and handling must be ensured. During self-checks conducted by cities and counties as part of satellite-image-based enforcement inspections, the compliance of facility agricultural land use shall be verified. Any instances found to be non-compliant shall be recorded as illegal land use and promptly corrected and dealt with. The National Land Inspection Bureaus stationed locally shall strengthen supervision and inspection of facility agricultural land in their respective inspection duties, and shall urge local governments to promptly rectify and address any illegally used land discovered during inspections.

　　(4) Strictly investigate and deal with any illegal or non-compliant land use activities on agricultural facility sites. City- and county-level departments of natural resources and land administration shall rigorously investigate and handle any illegal or non-compliant land use behaviors discovered during the tracking and supervision of agricultural facility sites, land inspections, and satellite-image-based law enforcement checks. For agricultural facility sites that have not been reviewed and approved, they shall be dealt with in accordance with laws and regulations. If such sites do not meet the requirements for agricultural facility land use, the land shall be restored to its original state; if they do meet the requirements, after proper handling, those sites that genuinely require land use shall complete the necessary land-use procedures as prescribed.

　　For agricultural facility land that has already been reviewed and approved, any unauthorized alteration or disguised use of such land for non-agricultural construction, unauthorized expansion of the facility’s land area, or unauthorized change in the nature of facilities directly engaged in or serving agricultural production—resulting in their use for other commercial activities—shall be promptly halted, and the responsible parties shall be ordered to rectify and make corrections within a specified time limit. For those who fail to comply with the corrective measures within the prescribed time limit, administrative penalties shall be imposed according to law, and the land shall be restored to its original condition.

　　The land and resources departments and agricultural departments of all provinces (autonomous regions and municipalities) must attach great importance to the management of facility agricultural land. In accordance with the requirements set forth in this notice, they should further develop and implement detailed measures to effectively strengthen and standardize the management of facility agricultural land. Any previous regulations that conflict with the provisions of this notice shall be superseded by the provisions of this notice. As for facility agricultural land with historical origins that has not yet completed the necessary land-use procedures, local authorities should handle such cases appropriately in compliance with the requirements stipulated in this notice.

September 30, 2010