Big positive news! Document No. 127 from the Ministry of Land and Resources has been abolished! Now, you no longer need to apply for construction approval when setting up facility agriculture on general farmland!

Facility agriculture can utilize existing farmland without the need to implement land balance compensation. When facility agricultural land is no longer in use, it must be restored to its original purpose. If such land is repurposed for non-agricultural construction, legal procedures for approving construction land must be followed. In cases where the original land category was farmland, the requirement for land balance compensation must still be met.

Ministry of Natural Resources Notice from the Ministry of Agriculture and Rural Affairs on Issues Related to the Management of Facility Agriculture Land

To the Departments of Natural Resources and the Departments of Agriculture and Rural Affairs (or equivalent) of all provinces, autonomous regions, and municipalities directly under the central government, as well as the Department of Natural Resources and the Department of Agriculture and Rural Affairs of the Xinjiang Production and Construction Corps:

　　As the level of agricultural modernization continues to rise, facility-based agricultural production is expanding rapidly, leading to new challenges and demands in land use. To improve land management, establish a long-term mechanism, and promote the healthy development of modern agriculture, we hereby issue the following notice:

　　I. Facility agricultural land includes land directly used in crop cultivation and livestock, poultry, and aquaculture activities within agricultural production. Specifically, land for crop cultivation facilities encompasses structures such as crop production buildings and caretaker quarters serving production purposes, as well as storage areas for agricultural inputs and machinery. It also covers facilities directly tied to production processes, such as drying and sunning areas, sorting and packaging units, and fresh-storage systems. Meanwhile, land designated for livestock, poultry, and aquaculture facilities includes spaces dedicated to farming operations and related services like manure management and inspection/quarantine activities—but excludes areas specifically allocated for slaughtering or meat-processing facilities.

　　II. Facility agriculture falls under the structural adjustment within the agricultural sector and can utilize general farmland without needing to implement the "balance between occupation and compensation" requirement. If facility-based cultivation does not disturb the arable layer of the farmland, permanent basic farmland may also be used without the need for reallocation. However, if the cultivation facilities do damage the arable layer but cannot avoid being located on permanent basic farmland due to site constraints, their use of such land is permitted only under the condition that equivalent areas of permanent basic farmland are subsequently reallocated elsewhere. In principle, livestock facilities should not occupy permanent basic farmland; however, if a small amount of permanent basic farmland is unavoidably affected, limited use may still be allowed—provided that an equivalent area of permanent basic farmland is reallocated in another location.

　　When facility agricultural land is no longer used, it must be restored to its original purpose. If such land is occupied for non-agricultural construction, the necessary procedures for constructing land approval must be carried out according to law. In cases where the original land type was cultivated land, the principle of balancing occupation with compensation must be strictly implemented.

　　3. The scale of various types of facility agriculture land shall be reasonably determined by the natural resources authorities in each province (region, municipality), in coordination with the agricultural and rural affairs authorities, based on production scale and construction standards. Among these, the caretaker housing will follow "Specialized cleanup and rectification standards for the 'greenhouse housing' issue allow multi-story structures to be built for livestock facilities."

　　IV. The municipal and county natural resources authorities, in collaboration with the agricultural and rural affairs authorities, are responsible for the day-to-day management of facility agriculture land. Meanwhile, national and provincial-level natural resources and agricultural and rural affairs authorities will oversee facility agriculture land use through various technical means. Facility agriculture land must be filed with the township government by either the rural collective economic organization or the operator, and the township government will periodically compile and submit this information to the county-level natural resources authority. If the project involves re-designating permanent basic farmland, construction can only commence after obtaining approval from the county-level natural resources authority.

　　The natural resources authorities of each province (region, municipality), in collaboration with the agricultural and rural affairs authorities, will formulate specific implementation measures and submit them to the Ministry of Natural Resources for record. The Ministry of Land and Resources "Notice from the Ministry of Agriculture on Further Supporting the Healthy Development of Facility Agriculture" (No. Guotu Zifa [ Document No. 127 of 2014 has expired and is automatically revoked.

　　This notice is valid until 5 years.

Ministry of Natural Resources Ministry of Agriculture and Rural Affairs

December 17, 2019

Breaking: Document No. 127 on Land Resources Repealed—Notice from the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs on Issues Related to the Management of Land for Facility Agriculture

Facility agriculture can utilize general farmland without the need to implement land balance compensation. When facility agricultural land is no longer in use, it must be restored to its original purpose. If such land is repurposed for non-agricultural construction, legal procedures for approving建设用地 (construction land) must be followed. In cases where the original land category was farmland, the land balance compensation requirement must still be fulfilled.

Facility agriculture is a key tool for transforming rural development into new growth drivers, and it also forms part of the structural reform on the agricultural supply side. Recently, the Ministry of Natural Resources, together with the Ministry of Agriculture and Rural Affairs, issued the "Notice on Issues Related to the Management of Facility Agriculture Land" (hereafter referred to as the "Notice").

△12 Month 19 On the day, Liu Mingsong, Director-General of the Farmland Protection Supervision Department of the Ministry of Natural Resources (left), and Pan Wenbo, Director-General of the Crop Management Department of the Ministry of Agriculture and Rural Affairs (right), explained the "Notice from the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs on Issues Related to the Management of Land for Facility Agriculture."

A reporter from Nongshi.com /Photography

01 What does facility agriculture land include?

△ Pan Wenbo, Director-General of the Department of Crop Management at the Ministry of Agriculture and Rural Affairs

A reporter from Nongshi.com /Photography

The Notice clearly states that facility agriculture land includes areas directly used in agricultural production, such as Crop cultivation And Livestock, poultry, and aquaculture Facility land.

(1) Land used for crop cultivation facilities includes structures such as caretaker houses for crop production and services supporting farming, as well as storage areas for agricultural inputs and machinery—and also land designated for facilities directly linked to agricultural product production, such as drying and sunning areas, sorting and packaging facilities, and fresh-keeping storage spaces.

(2) Land used for livestock, poultry, and aquaculture facilities includes areas designated for farming operations as well as facilities directly related to manure management, inspection, and quarantine—but excludes land intended for slaughtering and meat-processing facilities.

02 Pay attention to four key points for facility agriculture land!

△ Liu Mingsong, Director-General of the Department of Cultivated Land Protection Supervision at the Ministry of Natural Resources

A reporter from Nongshi.com /Photography

The "Notice" stipulates that facility agriculture falls under the scope of internal structural adjustments within the agricultural sector. General farmland can be used, and there is no need to implement the balance between land occupation and compensation.

(1) Planting facilities that do not disturb the arable layer of cultivated land may use permanent basic farmland without the need for reallocation.

(2) If the cultivated layer of farmland is damaged, but permanent basic farmland cannot be avoided due to site constraints, its use is permitted—provided that equivalent land is subsequently designated as permanent basic farmland in compensation.

(3) In principle, aquaculture facilities should not be located on permanent basic farmland. However, if a small amount of permanent basic farmland is genuinely unavoidable, their use may be permitted—provided that equivalent land is subsequently designated as replacement farmland.

(4) For projects involving the reallocation of permanent basic farmland, construction may only commence after obtaining approval from the county-level natural resources authority.

03 All the issues you care about are right here!

△12 Month 19 On the same day, a press conference was held regarding the "Notice from the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs on Issues Related to the Management of Land for Facility Agriculture."

A reporter from Nongshi.com /Photography

Land used for facility agriculture does not require approval. Once the facility agriculture operator and the rural collective economic organization reach a consensus on land-use arrangements, construction can begin. The rural collective economic organization or the operator must then file a备案 (record) with the township government, which will periodically compile the information and submit it to the county-level natural resources authority. Of course, if the project involves using or re-designating permanent basic farmland, construction can only proceed after obtaining prior approval from the county-level natural resources authority—ensuring that the strict system of protecting permanent basic farmland is consistently upheld.

It both retains the policy measures proven effective under Document No. 155 of 2010 and Document No. 127 of 2014, and continues certain policy initiatives from the special rectification campaign targeting "greenhouse housing" issues—for instance, maintaining the remediation and improvement standards established during the special campaign regarding the size of land allocated for caretaker residences.

First, facility agriculture land is included within the scope of agricultural internal structural adjustments. Facility agriculture includes crop cultivation facilities (including those built alongside large-scale open-field farming) and livestock, poultry, and aquaculture facilities. It can utilize general farmland without requiring construction land approval procedures or the need to ensure a balance between land occupied and replenished.

Second, regulations are put in place regarding the use of permanent basic farmland for certain facilities. For infrastructure projects in crop cultivation that disturb the topsoil layer of farmland and cannot easily avoid permanently designated basic farmland, as well as for livestock facilities where a small portion of permanent basic farmland is indeed difficult to bypass, the use of such land is permitted—provided that an equal amount of high-quality permanent basic farmland is re-designated elsewhere. This approach ensures that the total area of permanent basic farmland remains unchanged.

Third, a differentiated policy will be implemented for land-use scale. Land use for various types of facility agriculture varies significantly across the country. As a result, the national level will no longer impose uniform regulations on the scale of such agricultural land. Instead, natural resources authorities in each province (region, or municipality), in collaboration with departments responsible for agriculture and rural affairs, will determine facility land sizes appropriately based on local production scales and construction standards. This approach reflects differentiated policies tailored to regional needs, and several regions have already expressed their willingness to adopt this flexible framework during consultations. It’s important to emphasize that, in order to solidify the outcomes of this year’s targeted cleanup and remediation efforts addressing the "greenhouse housing" issue—and to ensure smooth policy continuity—the Notice explicitly states that "caretaker houses" will continue to follow the same renovation and rectification standards previously applied to "greenhouse housing." Specifically: in southern regions, caretaker houses must remain limited to "single-story structures no larger than 15 square meters"; in northern areas, the limit is "single-story, up to 22.5 square meters"; and in extremely cold regions, the maximum size remains "single-story, capped at 30 square meters." For large-scale agricultural greenhouses—those occupying more than 2 mu of land—caretaker houses are further restricted to "single-story designs no larger than 40 square meters."

Fourth, multi-story structures are permitted for livestock facility construction. With advancements in technology and the rise of large-scale operations, some regions have recently seen the construction of multi-story buildings for livestock farming. Guided by principles of resource conservation and intensive management, the "Notice" explicitly permits the development of multi-story facilities for agricultural production. However, local authorities must ensure that such multi-story farming structures comply with relevant planning regulations, safety standards, and biosecurity requirements during implementation.

Fifth, simplify the land acquisition process. Land used for facility agriculture does not require approval. Once the facility agriculture operator and the rural collective economic organization reach a consensus on land-use arrangements, construction can begin. The rural collective economic organization or the operator must then file a备案 (record) with the township government, which will periodically compile the information and submit it to the county-level natural resources authority. Of course, if the project involves using or re-designating permanent basic farmland, construction can only proceed after obtaining prior approval from the county-level natural resources authority—ensuring that the strict system of protecting permanent basic farmland is consistently upheld.

How can different regions implement the requirements outlined in the Notice, and what issues should they pay attention to?

△12 Month 19 On the same day, a press conference was held regarding the "Notice from the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs on Issues Related to the Management of Land for Facility Agriculture."

A reporter from Nongshi.com /Photography

First, the provincial level will formulate specific implementation measures. In accordance with the management principles and requirements outlined in the Notice, provincial departments of natural resources, in collaboration with agricultural and rural affairs authorities, should develop specific implementation measures tailored to the actual conditions of facility agriculture within their regions. These measures should further clarify the scope of facility-agriculture land use, define appropriate land-use scales, and detail the procedures for acquiring such land. When drafting these implementation plans, care should be taken to ensure smooth alignment with previous policies, while also addressing existing and ongoing facility projects effectively, thereby guaranteeing a seamless transition to the new framework.

Second, cities and counties should ensure proper implementation. The municipal and county departments of natural resources, in collaboration with the departments of agriculture and rural affairs, must treat the management of land used for facility agriculture as a critical task and ensure robust day-to-day oversight. They should carefully assess whether the construction of these facilities has damaged the arable soil layer or complies with regulations permitting the use of permanent basic farmland. It’s essential to verify that all actions align with reality. If the use of permanent basic farmland results in damage to the arable soil layer, requiring compensation through re-designation, such measures must be strictly implemented. Additionally, local governments at the township level should be guided and urged to promptly submit information on facility-agriculture land use, while ensuring that all relevant data is accurately mapped and entered into the designated database as required.

Third, the ministry and provincial levels will strengthen land-use oversight. The Ministry of Natural Resources will establish a monitoring and regulatory system for facility agriculture land, requiring all regions to input facility agriculture land information into the system for mapping and database integration. The ministry and provincial-level natural resources departments will leverage advanced tools such as satellite remote sensing imagery and cutting-edge information technologies to conduct thorough verification and oversight, track dynamic trends, carry out on-site inspections, and promptly address any illegal or non-compliant land-use activities, ensuring that agricultural land remains dedicated to its intended agricultural purpose.

The recent nationwide special cleanup and remediation campaign targeting "greenhouse housing" issues has yielded significant results. How do these efforts relate to the newly issued notice on managing land used for facility agriculture?

By launching a targeted campaign to comprehensively address the "greenhouse housing" issue, a large number of illegal and non-compliant cases involving the unauthorized use of farmland have been rigorously tackled. This has created a strong public awareness campaign promoting farmland protection and established an unwavering stance against the conversion of agricultural land for non-agricultural purposes. In fact, this focused effort has effectively closed the "backdoor"—the loophole that allowed illegal and improper land use under the guise of facility-based agriculture. Yet while sealing off these loopholes, it’s equally important to open up legitimate pathways by clearly communicating policy guidelines to local authorities and operators: specifying exactly what types of projects are permitted, how they should be implemented, and ultimately guiding the sector toward sustainable and standardized development in facility agriculture.

During the drafting of the "Notice," we carefully integrated land-use demands submitted by various regions and stakeholders regarding the development of facility agriculture, thoroughly sought input and suggestions from grassroots authorities and agricultural operators, and comprehensively considered all relevant factors. First, it maintained the continuity of the policy. It both retains the policy measures proven effective under Document No. 155 of 2010 and Document No. 127 of 2014, and continues certain policy initiatives from the special rectification campaign targeting "greenhouse housing" issues—for instance, maintaining the remediation and improvement standards established during the专项行动 regarding the size of land allocated for caretaker residences. Second, it ensures the adequate land requirements for the development of facility agriculture. The "Notice" thoroughly considers various facility-based production methods, such as crop cultivation and livestock farming, as well as different stages of agricultural production—before, during, and after harvest—and addresses the needs of diverse land types, including general farmland and permanent basic farmland. It provides comprehensive policy support to meet the reasonable land-use requirements directly tied to facility agriculture production and services that specifically cater to this sector. Third, it has helped maintain the strong momentum for the steady development of facility agriculture. The "Notice" primarily outlines the guiding principles for managing facility agriculture land from a macro-control perspective, while also leaving policy flexibility in areas such as land-use scale and construction standards. This approach enables local regions to develop tailored, detailed implementation measures based on their specific circumstances, thereby unlocking the inherent potential of facility agriculture and sustaining its robust growth momentum.

When formulating specific implementation measures, regions must not only focus on fostering the healthy and stable development of facility agriculture but also strictly adhere to policy boundaries. We must firmly prevent the resurgence of "greenhouse housing" issues and ensure that two bottom lines are never crossed. First, the facilities must be directly used for or specifically designed to support facility-based agricultural production. Second, the nature and intended use of these facilities cannot be altered—particularly, they must not be repurposed for residential construction, private estates, or villas, nor can they be used for commercial activities such as catering, entertainment, or health-and-wellness services. At the same time, it’s essential to carefully determine the appropriate land-use scale and construction standards, ensuring alignment with both existing policies and their continuity, while also maintaining consistency and coordination across neighboring areas. This approach will help guarantee that farmland remains dedicated to agriculture and farm structures continue to serve their agricultural purpose.