In order to deepen the implementation of the six working mechanisms for the publicity of natural resources policies and regulations, the Natural Resources Department of Anhui Province has launched a series of questions and answers on knowledge of natural resources policies and regulations in phases, proactively responding to hot issues in the field of natural resources of general concern to the society, popularizing the knowledge of laws and regulations on the management of natural resources, and conveying the concepts of respecting nature, adapting to nature, protecting nature, and "conserving and intensifying land use, and strictly abiding by the red line of farmland". It conveys the concepts of respecting nature, adapting to nature, protecting nature and "economizing and intensively using land, strictly abiding by the red line of arable land", and jointly maintaining the order of natural resources management. In this issue, we present the Q&A on policies related to photovoltaic land use.
I. What are the types of PV project sites?
A: The land for photovoltaic power generation projects includes land for photovoltaic arrays (including land for photovoltaic panels and collector lines laid with directly buried cables) and land for ancillary facilities (including land for transformer substations and operation and management centers, collector lines, and roads inside and outside the site).
Second, what are the requirements for siting PV power generation projects?
A: The location of photovoltaic power generation projects should be in line with the requirements of territorial spatial planning and use control. Encourage the use of unutilized land and stock of construction land to develop photovoltaic power generation projects, and promote the conservation and intensification of land use. Encourage the use of urban low-utility land, village land, abandoned mines and other construction of photovoltaic power generation projects, revitalize the use of stock of land resources. Support the use of coal mining subsidence areas of non-cultivated land areas, due to subsidence really can not be reclaimed arable land areas to build photovoltaic power generation projects. Actively support the use of industrial plants, public buildings, highway service areas and other industrial and commercial distributed photovoltaic construction.
Photovoltaic power generation project site selection should avoid arable land, the red line of ecological protection, historical and cultural protection line, special natural landscape value and cultural marking areas, natural forest land, etc., involving nature reserves, but also should be in line with the relevant laws and regulations and policy requirements of nature reserves; shall not occupy the permanent basic farmland and class I protection of forest land. No photovoltaic power generation projects shall be constructed in rivers, lakes and reservoirs, and the construction of photovoltaic power generation projects in breeding ponds and other breeding areas, restricted breeding areas and lakes around the reservoir branch shall be scientifically demonstrated and strictly controlled.
Third, does the PV square array land need to apply for construction land approval procedures?
A: The land for photovoltaic power generation projects is categorized and managed according to the nature of the land.
If the land for photovoltaic arrays uses unutilized land or agricultural land in compliance with the siting requirements, it can be managed according to the original land category, and the land use filing is implemented, and does not need to be approved according to the non-agricultural construction land use, but the land for photovoltaic arrays shall not change the surface morphology.
The land for supporting facilities of photovoltaic power generation projects shall be managed according to the construction land, and the approval procedures for construction land shall be carried out in accordance with the law.
IV. Can PV power generation projects occupy arable land or other agricultural land?
A: The land of PV square array shall not occupy arable land; if it occupies other agricultural land, it shall be reasonably controlled according to the actual situation, economize and intensify the land use, and try to avoid the impact on the ecology and agricultural production.
The land for supporting facilities of photovoltaic power generation projects shall be in line with the spatial planning of the national territory, and make use of the unutilized land and the stock of construction land as far as possible; if the land is occupied for agricultural use, the procedures for the diversion of agricultural land and land acquisition shall be handled in accordance with the law, and if the land is occupied for general arable land, arable land shall be implemented to occupy and compensate for the balance of land. The land for supporting facilities of photovoltaic power generation projects shall not occupy permanent basic farmland.
V. Can roads in PV projects be recognized as rural road land?
A: In line with the photovoltaic land use standards, located within and around the photovoltaic arrays, directly supporting the photovoltaic arrays of the road, can be managed according to the rural road land use; road occupies the general arable land, should be implemented in the arable land occupation and compensation balance.
Other roads are managed according to construction land use and should go through construction land use approval procedures in accordance with the law.
VI. Can land for PV arrays be acquired by way of leasing?
A: The land for PV arrays is allowed to be acquired by leasing and other means. Land use units and rural collective economic organizations or state-owned land rights subject, the local township government to sign land use and compensation agreements, reported to the local county-level departments in charge of natural resources for the record; involves the occupation of forest land or grassland, should also be reported to the local county-level forestry and grassland authorities for the record.
Seven, PV square array land filing need to submit what materials?
A: PV square land obtained by way of lease, to the county-level natural resources department for the record, should provide land filing application, land coordinates, land orientation map (vector), land use status quo classification area table, land lease or land compensation agreement, project project (filing) approval and other materials.
VIII. Can PV arrays be deployed on land used for facility-based agriculture? What are the regulations on the period of use?
A: Facility agricultural land recorded in accordance with the law, under the premise of not changing the use of facility agricultural land, it is permitted to utilize its buildings (structures) to set up photovoltaic arrays (excluding production facilities directly used for crop cultivation). The term of use shall not exceed the term of use of the facility agricultural land use project. Facility agricultural land expires no longer used or not expired is no longer engaged in facility agricultural production, the operator needs to fulfill the implementation of land reclamation responsibilities, photovoltaic arrays should be dismantled simultaneously.
IX. Before the issuance and implementation of document No. 12 of the Natural Resources Office [2023], the photovoltaic power generation project that has been approved for project establishment in accordance with the regulations, involving the occupation of arable land, is it necessary to withdraw from the occupied arable land?
A: Prior to the release and implementation of document No. 12 of the Natural Resources Office [2023] on March 20, 2023, the photovoltaic power generation projects (including both commenced and uncommenced construction) that have been approved for projects in accordance with the "Opinions on Supporting PV Poverty Alleviation and Regulating Land Use for the Photovoltaic Power Generation Industry" (No. 8 of the Land Resource Regulation [2017]) may be implemented according to the land use prequalification and land use opinions when the projects are approved for projects, and the projects shall not be expanded. The area of land use and the area of occupied cultivated land, forest land and grassland; if the project has passed the land use prequalification or the local clear land use opinions, but the project has not been established, it shall be implemented in accordance with the requirements stipulated in the document of Natural Resources Office [2023] No. 12.
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