The Yunnan Provincial Department of Natural Resources stated that differentiated land use policies will be adopted to support the development of new business formats. Photovoltaic, wind power and other projects that use unused land such as Gobi, desert, grassland, etc., the part of the land that does not occupy the land and does not change the surface form can be identified as the original land type, and the land use is not changed. In the annual land When changing the survey , a mark should be made. The land is allowed to be acquired through leasing and other methods. Both parties will sign a compensation agreement and the land will be reported to the local county-level natural resources department for filing. For the permanent construction land part of the project, the procedures should be handled as construction land in accordance with the law. For construction that occupies agricultural land, all land portions shall be managed as construction land.
Among them, the land use policy for photovoltaic projects is focused on three aspects: ensuring land supply, strengthening land use management, and strict land use supervision.
The first is: ensuring the supply of land elements for photovoltaic projects. The allocation of photovoltaic projects included in the list of provincial major projects will use the national new construction land plan indicators, and should be fully protected.
Strictly implement the regulations and requirements for the protection of cultivated land and the conservation and intensive use of land, strengthen the preliminary site selection survey and demonstration, the land used for photovoltaic composite projects shall not occupy permanent basic farmland, and try to avoid the long-term stable use of cultivated land, especially concentrated contiguous high-quality cultivated land in dam areas.
opens up a fast approval channel, conducts preliminary research and judgment, and organizes documents in a timely manner, so as to do all aspects of land use approval in a solid and efficient manner.
encourages the use of unused land such as mining subsidence areas, tailings ponds and "four wastelands" to build photovoltaic projects.
If the land used for photovoltaic projects is managed as construction land and complies with the " allocated land catalog ", the land can be supplied through allocation; long-term lease, lease before transfer, combination of lease and transfer, etc. are encouraged to supply land for a fee; bidding is required For supply by auction and listing, on the premise of being fair and impartial and not excluding competition among multiple market entities, the production technology, design standards, efficiency requirements, etc. proposed by the investment and industry authorities can be used as preconditions for land supply.
The second is: strengthening land management for photovoltaic power generation projects. For land used for other photovoltaic projects other than qualified photovoltaic composite projects, the provisions of Land Resources Regulations [2015] No. 5 should be strictly implemented. If unused land is used, land used for photovoltaic arrays that does not occupy land or change the surface shape of the land should be strictly followed. Some parts can be recognized according to the in situ category , the land use will not be changed, and the land is allowed to be obtained by leasing, etc., the two parties shall sign a compensation agreement and report it to the local county (city, district) natural resources department for filing; for other land uses, construction land approval procedures shall be completed in accordance with the law; for agricultural use occupied by construction All land use areas shall be managed as construction land.
For projects that meet the construction requirements and certification standards of photovoltaic composite projects in Yunnan Province, photovoltaic arrays erected on cultivated land (except paddy fields) or other agricultural land above 25 degrees must meet the requirements that the lowest edge of the photovoltaic module is 2.5 meters above the ground and the highest Water level 0.6 meters, the distance between columns of pile foundations is greater than 4 meters, and the distance between rows is greater than 6.5 meters. Under the conditions of not damaging the cultivated land and the production conditions of agricultural land and not changing the nature of the original land, it is allowed to be used in the form of leasing; removal of piles Outside the base land, it is strictly prohibited to harden the ground, damage the cultivated layer, and abandon or roll up wasteland. The land for collector lines laid by directly buried cables shall be managed in the same way as the land for the project's photovoltaic array. The road land within the site can be managed as rural road land. The land used for substation , operation management center, power collection line pole tower foundation and other facilities is managed as construction land.
New, renovated and expanded ground photovoltaic power generation projects, which are managed according to construction land and unused land, should strictly implement the requirements of Land and Resources Regulations [2015] No. 11 and make rational use of land.
The third is: strict supervision of land use for photovoltaic power generation projects.The land used for photovoltaic power generation projects is managed as agricultural land and unused land. In addition to the pile foundation land, the functional zoning land such as on-site roads must not harden the ground or damage the cultivated layer. Otherwise, the construction land approval procedures must be completed in accordance with the law. If the approval procedures are not completed, If the land is used illegally, it will be investigated and dealt with in accordance with the law. Photovoltaic arrays that fail to be connected to the grid for power generation after deployment shall be cleared by the energy authority where the project is located. When a project in which photovoltaic array land is managed as agricultural land or unused land exits, if it is not restored to its original state as required, the energy authority where the project is located will order rectification to be in place.
In addition, for industrial supporting facilities such as distributed photovoltaic power generation facilities that are dispersed, small in size, and closely dependent on other building structures, their construction requirements are allowed to be included in the new land supply for other construction projects. Land supply conditions.
The notice is as follows:
Notice of the Yunnan Provincial Department of Natural Resources on the issuance of the "Yunnan Province Industrial Land Policy Implementation Guidelines (2022 Edition)"
State and Municipal Natural Resources and Planning Bureaus:
In order to conscientiously implement the industrial land policy and further enhance the industry For projects The level of land service guarantee is based on the "Guidelines for the Implementation of Industrial Land Policy (2019 Edition)" of the General Office of the Ministry of Natural Resources (Natural Resources Banfa [2019] No. 31) and relevant national and provincial laws, regulations, rules, and currently valid normative documents. regulations, provincial natural resources The Yuan Department has sorted out the key points of policy implementation and compiled the "Yunnan Province Industrial Land Policy Implementation Guidelines (2022 Edition)" (hereinafter referred to as the "Guidelines"). After review and approval at the 11th Department Affairs Meeting in 2022, it is now issued to you. Please Conscientiously implement it based on reality.
The natural resources authorities at all levels in the province must fully realize the importance of the implementation of industrial land use policies, implement all industrial land use policies to the letter, effectively increase policy publicity to all types of land users, and ensure that all land use entities are protected in accordance with the law. Economic entities of all types of ownership have equal access to land, continue to optimize the business environment, create a good land use atmosphere, and provide greater support for promoting high-quality economic and social development in Yunnan.
After the issuance of this "Guidelines", if new policies and regulations issued by the country and Yunnan Province are inconsistent with the provisions of this "Guidelines" and the documents it references, the new policies and regulations shall prevail. The Provincial Department of Natural Resources will update and revise the Guidelines in a timely manner based on the actual situation.
Yunnan Provincial Department of Natural Resources
August 23, 2022
