Major good news! Three departments issue important policies to support the photovoltaic industry to standardize land use

On March 28, the General Office of the Ministry of Natural Resources, the Office of the State Forestry and Grassland Administration, and the General Department of the National Energy Administration shall support itPhotovoltaicNotice on the standardized land use management of the power generation industry development.

The notice requires that the photovoltaic power generation industry development plan and the national land space plan be connected. All localities should earnestly connect special plans such as green energy development plans and land space planning, and optimize the spatial layout of large-scale photovoltaic bases and photovoltaic power generation projects. Include it in the overall land space plan of cities, counties and townships on the list of key construction projects and make reasonable arrangementsPhotovoltaic projectThe scale, layout and development and construction timing of new land use are added. On the premise of complying with the "three zones and three lines" control rules, relevant projects can be included in the "one map" of land space planning after feasibility analysis, as the planning basis for approving the new land use of forests and grass for photovoltaic projects.

It is encouraged to use unused land and existing construction land to develop the photovoltaic power generation industry. Under the premise of strict ecological protection, it is encouraged to select sites to build large-scale photovoltaic bases in deserts, Gobi, deserts and other areas; for oil fields, gas fields, and coal mining subsidence areas that are difficult to reclamate or restore, the planning and construction of photovoltaic bases will be promoted in non-cultivated land areas. The site selection of a project should avoid arable land, ecological protection red lines, historical and cultural protection lines, special natural landscape value and cultural identification areas, natural forest land, national desertified land blocked protection areas (photovoltaic power generation project output lines allow crossing the national desertified land blocked protection areas), etc.; if it involves nature reserves, it should also comply with relevant laws and policies for nature reserves. New or expanded photovoltaic power generation projects shall not occupy permanent basic farmland, basic grassland, Class I protected forest land and key state-owned forest areas in Inner Mongolia, Northeast China.

Establish a joint review mechanism for land use, forest use and grassland use. Local natural resources and forestry and grassland authorities should establish a coordination and linkage mechanism for review, coordination and linkage for project land use and forestry and grassland use. For national large-scale photovoltaic base construction projects that meet the requirements of national land space planning and use control and are included in the "one map" of national land space planning, during project establishment and demonstration, opinions and requirements should be put forward for project land use and forestry and grassland use, and strictly implement the "Photovoltaic Power Station Project Land Control Index" and relevant regulations on the use of forestry and grassland for photovoltaic power stations to ensure the reasonable needs of project land use and forestry and grassland.

See the original text below:

General Office of the Ministry of Natural Resources, Office of the State Forestry and Grassland Administration, Notice of the Comprehensive Department of the National Energy Administration on Supporting the Development of the Photovoltaic Power Generation Industry, Standardized Land Management

The natural resources, forestry and grassland and energy departments of all provinces, autonomous regions, and municipalities directly under the Central Government, the Natural Resources Bureau, Forestry and Grassland Bureau, and Energy Bureau of the Xinjiang Production and Construction Corps:

In order to implement the requirements of the "Notice of the State Council on Issuing a Pack of Policies and Measures for Solid and Stabilizing the Economy" (Guofa [2022] No. 12), further support the development of green energy, accelerate the construction of large-scale photovoltaic bases, and standardize project land management, the notice is hereby notified as follows.

1. Guide the rational layout of projects

(1) Make good connection between the development plan of the photovoltaic power generation industry and the national land space planning. All localities should earnestly connect special plans such as green energy development plans and land space planning, and optimize the spatial layout of large-scale photovoltaic bases and photovoltaic power generation projects. It is included in the list of key construction projects in the overall land space planning of cities, counties and townships, and reasonably arrange the scale, layout and development and construction time of new land use for photovoltaic projects. On the premise of complying with the "three zones and three lines" control rules, relevant projects can be included in the "one map" of land space planning after feasibility analysis, as the planning basis for approving the new land use of forests and grass for photovoltaic projects.

(2) Encourage the use of unused land and existing construction land to develop the photovoltaic power generation industry. Under the premise of strict ecological protection, it is encouraged to select sites to build large-scale photovoltaic bases in deserts, Gobi, deserts and other areas; for oil fields, gas fields, and coal mining subsidence areas that are difficult to reclamate or restore, the planning and construction of photovoltaic bases will be promoted in non-cultivated land areas. The site selection of a project should avoid arable land, ecological protection red lines, historical and cultural protection lines, special natural landscape value and cultural identification areas, natural forest land, national desertified land blocked protection areas (photovoltaic power generation project output lines allow crossing the national desertified land blocked protection areas), etc.; if it involves nature reserves, it should also comply with relevant laws and policies for nature reserves. New or expanded photovoltaic power generation projects shall not occupy permanent basic farmland, basic grassland, Class I protected forest land and key state-owned forest areas in Inner Mongolia, Northeast China.

2. Classified management of land for photovoltaic power generation projects

The land for photovoltaic power generation projects includes photovoltaic square land (including photovoltaic panels, collecting lines that adopt direct buried cable laying method, etc.) and supporting facilities land (including substations and operation management centers, collecting lines, roads inside and outside the site, etc., and is classified and managed according to the nature of the land.

(1) Photovoltaic square matrix land. Photovoltaic quadratic land shall not occupy arable land. If other agricultural land is occupied, it shall be reasonably controlled according to actual conditions, save intensive land use, and try to avoid affecting ecological and agricultural production. If the photovoltaic array land involves the use of forest land, the forest light complementary mode must be adopted. Shrubs and forest land in areas with annual precipitation below 400 mm and other shrubs with a coverage of less than 50% in other areas shall not be harvested, shrubs or damaged original vegetation, and no tree forest land, bamboo forest land, etc. shall be logged into shrub forest land and then photovoltaic panels shall be erected after the logging and transformation into shrub forest land; the lowest point of the photovoltaic bracket shall be more than 1 meter higher than the height of the shrub. The net spacing shall be reasonably set in the north and south direction of each column of photovoltaic panels, and the specific determination shall be made by each local area in combination with the site, and effective soil and water conservation measures shall be taken to ensure that the growth state of shrub coverage and other growth conditions shall not be lower than the level before forest light complementary. If the photovoltaic array uses shrub and forest land as required, the temporary forest land use procedures should be handled during the construction period, and the relevant parties sign an agreement during the operation period, and the forest land should be restored to its original state after the project service period expires. If the photovoltaic array land involves occupying grasslands outside the basic grassland, the local forestry and grassland competent department should scientifically evaluate the grassland resources and ecological conditions of the region and reasonably determine the appropriate construction area, construction model and construction requirements of the project. It is encouraged to adopt the "grass-light complementary" model.

The land use of photovoltaic array shall not change the surface form, and shall be based on the results of the third national land survey and subsequent annual land change surveys, and shall be managed in accordance with the law. Land use filing is implemented, and approval is not required for non-agricultural construction land.

(2) Land management for supporting facilities. The land for supporting facilities of photovoltaic power generation projects shall be managed according to construction land, and the construction land approval procedures shall be handled in accordance with the law and regulations. Among them, if it involves occupying arable land, the balance of occupation and compensation shall be implemented in accordance with regulations. conform toPhotovoltaic landStandard, roads located inside and around the square matrix and directly equipped with photovoltaic square matrix can be managed according to rural road land. If they involve occupying arable land, the balance of entry and exit will be implemented in accordance with regulations. Other roads are managed according to construction land.

3. Accelerate the processing of project land use procedures

(1) Establish a joint review mechanism for land use, forest use and grassland use. Local natural resources and forestry and grassland authorities should establish a coordination and linkage mechanism for review, coordination and linkage for project land use and forestry and grassland use. For national large-scale photovoltaic base construction projects that meet the requirements of national land space planning and use control and are included in the "one map" of national land space planning, during project establishment and demonstration, opinions and requirements should be put forward for project land use and forestry and grassland use, and strictly implement the "Photovoltaic Power Station Project Land Control Index" and relevant regulations on the use of forestry and grassland for photovoltaic power stations to ensure the reasonable needs of project land use and forestry and grassland.

(2) Timely handle land acquisition or leasing and other land use procedures. If the land for photovoltaic power generation projects involves the use of construction land, the land expropriation procedures can be handled in accordance with the land expropriation regulations. The land use of photovoltaic matrix is allowed to be obtained through leasing, etc., and the land use unit will sign a land use and compensation agreement with rural collective economic organizations or state-owned land rights entities and local township governments, and report it to the local county-level natural resources and forestry and grassland competent department for filing.

4. Strengthen land use supervision

(I) Departmental coordination. Provincial natural resources, forestry and grassland, and energy authorities should work with relevant departments at the same level to formulate implementation measures and management measures for land use for photovoltaic power generation projects in light of local realities, strengthen guidance and supervision of photovoltaic power generation projects construction, and promote high-quality industrial development.

(2) Strengthen daily supervision and law enforcement of land use. When conducting annual land change investigations, the natural resources and forestry and grassland authorities mark the land area of the photovoltaic array as a separate layer as the basic basis for land use supervision. Provincial natural resources and forestry and grassland authorities should strengthen daily supervision of land for photovoltaic power generation projects, especially photovoltaic matrix land, and shall not change the purpose of land. It is strictly forbidden to build supporting facilities that are not necessary for power generation without authorization. All localities should include the land for photovoltaic power generation projects in daily inspection and law enforcement, and promptly discover and seriously investigate and punish illegal land use.

5. Safely handle historical problems

This notice shall come into force on the date of its publication. Before implementation, photovoltaic power generation projects approved and approved in accordance with the provisions of the "Opinions on Supporting Photovoltaic Poverty Alleviation and Standardizing Land for Photovoltaic Power Generation Industry" (Land and Resources Regulations [2017] No. 8) may be implemented according to the land pre-examination and relevant land use opinions when the project is approved. The land area and the area of arable forest land and grassland shall not be expanded; if the land use opinion has been approved or the land use opinion has been cleared, but the project has not been approved, it shall be implemented in accordance with the requirements of this "Notice". Existing photovoltaic facilities sporadically distributed within the ecological protection red line shall be managed in accordance with relevant laws and regulations. It is strictly forbidden to expand the existing scale and scope. After the project expires, the construction unit shall be responsible for ecological restoration.

If the "Notice of the General Office of the Ministry of Natural Resources on the Effective Connection between Supporting the Consolidation and Expanding the Results of Poverty Alleviation and Rural Revitalization during the Transition Period" (Natural Resources Office [2022] No. 45) is inconsistent with this "Notice", this "Notice" shall prevail.

Department of the Ministry of Natural Resources

Office of the National Forestry and Grassland Administration

National Energy Administration Comprehensive Department

March 20, 2023