What Is Land Use Planning?

Land use planning is the overall strategic layout and overall planning of land development, utilization, governance, and protection in space and time in accordance with the national socioeconomic sustainable development requirements and local natural, economic, and social conditions in a certain area arrangement. It is based on the overall and long-term interests, and takes all the land in the region as the object to rationally adjust the land use structure and layout; with the use as the center, it makes overall arrangements and long-term planning for land development, utilization, regulation, and protection. The purpose is to strengthen macro-control and planning management of land use, rational use of land resources, and promote the coordinated development of the national economy. It is the basis for implementing land use control. The preparation procedures are: preparation of preparation of plans; investigation and research, putting forward problem reports and land use strategy research reports, preparation of land use planning schemes; coordination and demonstration of plans; review and approval of plans. ^[1]

The plans and arrangements for future land use advancement in a certain area are comprehensive technical and economic measures for the allocation of land resources between sectors and the organization of space and time in accordance with regional socioeconomic development and the natural and historical characteristics of land.

China's land use planning system is divided into overall land use planning, detailed land use planning, and special land use planning according to levels.

In a certain area, according to the national socio-economic sustainable development requirements and local natural, economic and social conditions,

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Specifically, there are four main types:

I. Land use planning is a national measure to regulate land use

Land use planning is the basis of land use control and the embodiment of national will.

The "Land Management Law" stipulates that "the state implements a land use control system" and stipulates that "the state compiles general plans for land use, stipulates land uses, and divides land into agricultural land, construction land and unused land. Strict restrictions are placed on the conversion of agricultural land into Construction land, control the total amount of construction land, and implement special protection for cultivated land. "

As can be seen from the above regulations, land use is not an ordinary local measure, but a national measure for regulating land use stipulated by law.

However, although land use planning is not a local measure, it is an important work of people's governments at all levels. Article 17 of the "Land Management Law" stipulates that "People's governments at all levels shall organize the compilation of land use in accordance with national economic and social development planning, land remediation and resource environmental protection requirements, land supply capacity, and land requirements for various constructions. overall plan". Organization of land use planning The preparation and implementation of land use planning is a government action.

2. Land use planning is a legally effective management tool

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Regulations on General Land Use Planning

Because each province has its own regulations, the following is the Guangdong Province General Land Use Planning Regulations.

(On November 28, 2008, the seventh meeting of the Standing Committee of the Eleventh People's Congress of Guangdong Province passed the announcement on November 28, 2008, and it will take effect on March 1, 2009)

Chapter I General Provisions

Article 1 In order to strengthen the overall planning and management of land use, strictly implement land use control, effectively protect cultivated land, and promote the scientific and rational use of land, in accordance with the Land Management Law of the People's Republic of China and relevant laws and administrative regulations, in accordance with the actual conditions of the province, formulate This Ordinance.

Article 2 These Regulations apply to the activities of preparing, examining, approving, implementing and modifying general plans for land use within the administrative region of the province.

Article 3 The preparation, approval, implementation and modification of the overall land use plan shall follow the following principles:

(1) Strictly protect the cultivated land, control the occupation of agricultural land by non-agricultural construction, and ensure that the occupation of cultivated land is balanced with the development and reclamation of cultivated land;

(2) Saving intensive land and improving comprehensive land use efficiency;

(3) Making overall plans for the use of land in various industries, types and regions, and optimizing the layout of land use structure;

(4) Strengthening ecological construction of land and ensuring sustainable land use;

(5) Strengthen macro-control of land and strengthen safeguard measures for planning and implementation.

Article 4 The overall land use planning is the basic basis for guiding land management, implementing macro-control of land and land-use control, and planning for urban and rural construction.

Article 5 People's governments at all levels are responsible for the overall planning and management of land use in their respective administrative areas.

The land administrative department of the people's government at or above the county level shall, in conjunction with other relevant departments, be responsible for the specific work of the preparation and implementation of the overall land use planning in the administrative region.

Article 6 The people's governments at all levels shall include the funds for the overall planning of land use in the fiscal budget, and shall be used exclusively for the preparation and revision of the overall plan for land use.

Chapter II Planning

Article 7 The people's governments at or above the county level shall organize such departments as land management, development and reform, construction, urban and rural planning, economy and trade, agriculture, forestry, water conservancy, transportation, environmental protection, and marine fishery to carry out the compilation of the overall land use planning in the administrative region. .

The township (town) people's government is responsible for preparing the overall land use plan of the administrative area.

Article 8 People's governments at all levels shall compile overall land use plans in accordance with national economic and social development plans, main functional area plans, land remediation and resource environmental protection requirements, land supply capacity, and land requirements for various constructions.

The compilation of overall land use planning and urban-rural planning should use unified population data and land use status data.

The planning period of the overall land use plan shall be implemented in accordance with national regulations.

Article 9 The overall land use plan of the province shall focus on the goals and tasks in terms of protecting cultivated land, optimizing the structure of land use, adjusting the layout of land use, saving intensive land, strengthening ecological construction, and promoting land consolidation and reclamation; Relevant indicators are determined in terms of protected area, scale of urban and rural construction land, per capita urban industrial and mining land, cultivated land occupied by new construction land, as well as garden area, forest area, pasture grassland area, etc .; and various types of land use control indicators are decomposed into the city.

The overall land use planning for cities and counties (districts) shall reasonably adjust the structure and layout of land use, organize the division of land use areas, focus on the scope of the central urban area and urban construction areas, and according to the requirements of superior planning and the characteristics of land resources in the administrative area, Decompose and implement various land use control indicators.

The overall planning of township (town) land use shall be in accordance with the requirements of the superior planning, focusing on the implementation of various types of land use control indicators, scale and layout to the land.

Article 10 The preparation of a general plan for land use shall stipulate the land use, and divide the permitted construction areas, restricted construction areas and prohibited construction areas.

Cities and villages and market towns for construction use shall be classified as permitted construction areas; core nature reserves, drinking water source first-level protection areas, geological disaster danger areas and other areas prohibited by law and regulations shall be classified as prohibited construction areas; others Should be assigned to restricted construction areas.

Article 11 The overall land use planning at or above the county level shall include the following:

(1) Evaluation of the previous round of planning implementation;

(2) Status of land use;

(3) long-term goals and near-term goals for land use;

(4) Land use structure and layout;

(5) Decomposition of planning indicators;

(6) Environmental impact assessment;

(7) Safeguard measures for the implementation of the overall land use plan;

(8) The current land use map and the overall land use plan map;

(9) Other contents stipulated by the state and the province.

Article 12 The overall planning of township (town) land use shall include the following:

(1) planning goals;

(2) Map of the overall land use planning of the township (town);

(3) The scope of permitted construction areas, restricted construction areas, prohibited construction areas, determination of land use rules and the use of each piece of land;

(4) Environmental impact assessment;

(5) Other contents stipulated by the state and the province.

Article 13 Before the people's government at or above the county level organizes the preparation of an overall land use plan, it shall compile a planning outline in accordance with relevant state regulations. Among them, the planning outline of the overall land use plan that needs to be reviewed and approved by the State Council is evaluated in accordance with relevant state regulations. If the review of the planning outline fails, the overall land use plan may not be prepared.

Article 14 The general plan for land use at the next lower level shall be prepared in accordance with the general plan for land use at the next higher level and be connected to the overall layout of the general plan for land use at the next higher level. Layout and scale.

Restrictive indicators such as the total land for construction and the scale of new construction land in the overall plan for land use at the next level must not exceed the control indicators determined in the overall plan for land use at the next level; Control indicators determined in the first-level land use overall plan.

Article 15 All kinds of land-use-related planning, such as urban and rural, transportation, energy, water conservancy, mineral resources, and environmental protection, shall be linked to the overall land use plan; the scale of land use that does not comply with the land use plan shall be adjusted in a timely manner. And modified.

For the planning related to land use in the preceding paragraph, the land administration department of the people's government at the same level should be consulted on the scale of land use during the compilation stage.

Article 16 Before submitting the general plan for land use for approval, the people's government who compiles the plan shall announce the draft general plan for land use to the public according to law. Among them, the draft of the township (town) general plan for land use shall also be announced by the villagers' committees within the administrative area. The announcement time shall not be less than 30 days.

The draft general plan for land use shall be solicited by experts and the public through hearings, demonstrations, or other means. Among them, the county, township (town) general plan for land use must be heard. The hearing procedure shall be implemented in accordance with the relevant national regulations.

The people's government that compiles the plan shall give full consideration to the opinions of experts and the public, and attach the status of acceptance of the opinions in the submission of approval materials, and shall explain the reasons for the unaccepted opinions.

Chapter III Planning Approval

Article 17 The overall planning for land use shall be examined and approved at different levels.

The provincial general plan for land use shall be submitted to the State Council for approval by the provincial people's government.

The overall land use planning of the city where the Provincial People's Government is located, cities with a population of more than one million, and cities designated by the State Council shall be submitted to the State Council for approval after review and approval by the Provincial People's Government.

The overall land use planning other than those specified in paragraphs 1 and 2 of this article shall be reported to the higher level people's government for review and approval, and then submitted to the provincial people's government for approval. Among them, for the township (town) land use overall plan, the provincial people's government may authorize With the approval of the listed people's government.

Before the relevant people's government reviews or approves the overall land use plan, it shall organize relevant departments to review the overall land use plan.

Article 18 The following documents and materials shall be submitted for approval of the overall land use plan:

(1) Plan text and plan description;

(2) planning drawings;

(3) planning special reports;

(4) Other documents and materials stipulated by the state and the province.

Article 19 After the general plan for land use is approved, the people's government who compiles the plan shall make it public to the public within 30 days from the date of approval. Among them, the overall planning of township (town) land use should also be announced by the villagers' committees in this administrative area.

Announcing the overall plan for land use shall include the following: planning objectives, planning deadlines, planning scope, planning zoning, and approval authorities and approval dates. Among them, the township (town) land use overall plan should also announce the general land use plan and plot use. However, except those that are not allowed to be disclosed in laws and administrative regulations.

Article 20 After the overall land use planning is approved in accordance with the law, the land administration department of the people's government at or above the county level or the township (town) people's government shall report to the land administration department of the superior people's government for the record in accordance with the relevant state regulations.

Article 21 Once the overall land use plan is approved, any organ, unit and individual must strictly implement it. Without the approval of legal procedures, no agency, unit or individual may modify without authorization.

Chapter IV Planning and Implementation

Article 22 People's governments at all levels shall implement land use control in accordance with the approved overall land use plan, establish and improve the assessment system for arable land protection and conservation of intensive land use responsibilities, strictly limit the conversion of agricultural land to construction land, and control construction land Total, special protection of cultivated land.

Article 23 People's governments at all levels shall organize the preparation of annual plans for land use in accordance with the approved overall plan for land use, and implement the plan after submitting it for approval in accordance with regulations.

People's governments at all levels should strictly implement annual land use plans. In the planned year, the total amount of new construction land, land development and replenishment, and the amount of cultivated land shall be implemented in accordance with the planned targets issued by the people's government at a higher level.

Article 24 Construction projects that need to use land shall arrange construction land in the permitted construction areas.

Arrange construction land strictly in restricted construction areas. Transportation, energy, water conservancy, military, national security, mining, and other areas that require separate site selection due to ecological and environmental protection requirements and fall within the scope of the list of land use projects in restricted construction areas may be used to arrange construction land in restricted construction areas. The catalog of land use projects in restricted construction areas shall be separately stipulated by the provincial people's government.

No construction land shall be arranged in the prohibited construction area.

Article 25 A pre-examination system shall be implemented for land used in construction projects.

Construction projects that need to be approved are in the feasibility study stage. Construction projects that need to be approved need to be pre-reviewed by the land administration unit of the county-level people's government where the construction project is located after the construction projects need to be filed. Application. The land pre-examination procedure shall be implemented in accordance with the relevant national regulations.

When applying for approval of a construction land unit or submitting a construction project for approval, the pre-examination opinion of the land administration department of the people's government at or above the county level shall be attached; without pre-examination of the land or passing the pre-examination of land, the people's government at the county level or above and the relevant departments shall not approve Or approve the construction project.

Article 26 The land administrative department of the people's government at or above the county level shall strengthen land survey statistics, monitoring and evaluation, establish an overall land use planning information system, and use modern scientific and technological means to dynamically monitor the implementation of the overall land use planning.

Chapter V Planning Modifications

Article 27 Every five years after the implementation of the overall land use plan, the people's government that compiles the plan shall organize relevant departments and experts to conduct a comprehensive assessment of the implementation of the plan and solicit public opinions through hearings, demonstrations, or other means. The people's government that compiles the plan shall submit an evaluation report to the organ with the right to approve and attach the situation for soliciting opinions.

Article 28. In any of the following circumstances, the people's government that compiles the plan may modify the overall land use plan in accordance with the prescribed powers and procedures:

(1) It is really necessary to modify the plan after comprehensive evaluation;

(2) It is really necessary to modify the plan for the adjustment of administrative divisions;

(3) The land for energy, transportation, water conservancy and other infrastructure construction approved by the State Council or the Provincial People's Government really needs to modify the plan;

(4) Other circumstances that require modification of the plan as stipulated by the state or approved by the provincial people's government.

If the plan is modified due to the circumstances specified in items (1), (2), and (4) of the preceding paragraph, the people's government that compiles the plan shall submit an application for modification to the authority that has the authority to approve it. The compilation procedures provided for in the regulations are revised and reported to the authority with the approval authority for approval. Among them, if the amendment of the township (town) overall land use plan involves changing or occupying basic farmland, it must be reported to the provincial people's government for approval in accordance with relevant state regulations. Where the plan is modified due to the circumstances specified in item (3) of the preceding paragraph, the people's government who compiles the plan shall make the modification in accordance with the relevant approval documents according to law.

The revised plan shall be announced to the society according to law.

Article 29 The revision of the overall land use plan must ensure that the various types of land use control indicators determined by the higher-level land use overall plan remain unchanged; that the total basic farmland in the administrative area is not reduced and the quality is not reduced.

If it is really necessary to reduce the amount of cultivated land and basic farmland when revising the overall land use plan, it shall be balanced and resolved within the counties, cities, and provinces after applying for approval step by step in accordance with relevant state regulations. Specific measures shall be formulated separately by the provincial people's government.

Chapter VI Supervision and Inspection

Article 30 People's governments at all levels shall establish and improve a system of supervision and inspection, timely discover and stop violations of the overall land use planning, and regularly announce the implementation of the overall land use planning.

Article 31 The people's governments at or above the county level shall accept the supervision of the standing committee of the people's congress at the same level over the overall planning and management of land use.

The people's governments at or above the county level shall list the implementation of the annual land use plan as the content of the implementation of the national economic and social development plan, and report to the people's congress at the same level.

Article 32 The people's government at a higher level shall strengthen supervision over the implementation of the overall land use planning of the people's government at a lower level.

The land administrative department of the people's government at or above the county level shall strengthen the inspection of the land use situation in its own administrative area.

Article 33 Any unit or individual has the right to report or complain to the land administration department of the people's government at or above the county level or other relevant departments for violations of the overall land use plan.

The land administrative department or other relevant department of the people's government at or above the county level shall promptly accept the report or complaint, organize verification and processing, and reply the report or complainant to the report or complainant. The investigation results of illegal cases shall be made public to the society in a timely manner.

Chapter VII Legal Liability

Article 34 For those who should not compile the overall land use plan according to law, or fail to compile, approve and modify the overall land use plan according to legal procedures, or fail to publish the approved overall land use plan in accordance with the law, the higher level people's government Order corrections, report criticisms, and punish people in charge of relevant people's governments and other responsible personnel in accordance with law.

Article 35 If the relevant people's government does not approve land use in accordance with the overall land use plan, its approval document is invalid. The person in charge directly responsible for illegally approving the land and other persons directly responsible shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law. Land illegally approved and used shall be recovered. If the parties concerned refuse to return it, the land shall be illegally occupied.

Article 36 If the lower-level people's government breaks through the annual land-use plan without authorization, the higher-level people's government shall order it to make corrections within a time limit, deduct the indicators for the next year's land-use plan, and directly punish the responsible person in charge and other directly responsible persons according to law .

Article 37 If the relevant departments of the people's government at or above the county level perform any of the following acts, the people's government at the same level, the relevant competent department of the people's government at a higher level, or the supervisory authority shall order corrections and report criticisms; Those who are directly responsible shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Failure to verify and issue pre-examination documents for land use in accordance with regulations;

(2) Approving or approving construction projects that have not undergone pre-examination or have not passed pre-examination of land use.

Article 38 If the land administrative department or other department of the people's government at or above the county level fails to accept and organize verification and handling of reports or complaints against violations of the overall land use planning in a timely manner, the person in charge directly responsible and other directly Responsible personnel shall be punished according to law.

Chapter VIII Supplementary Provisions

Article 39 These Regulations shall become effective on March 1, 2009.

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1. Ground rent and ground price Theoretical ground rent is divided into contract rent and economic rent (pure rent, that is, net income exceeding cost). Economic rent is divided into differential rent, absolute rent, and monopoly rent. There is a difference between differential rent and .

   Differential rent : It is caused by the fertility of the land and the location of the land.

   Differential rent : formed by the difference in productivity caused by the continuous investment of the same amount of capital on the same land.

   Note: The premise of land rent is the separation of the right to use and ownership of land rent.

   As far as a certain piece of land is concerned, the prescribed use will reduce the land price, and on the whole, it has the effect of increasing the land price because it is beneficial to the coordinated use of the land.

2. Soil location theory

   Content system of location factors: degree of prosperity, transportation, infrastructure, population status, environmental conditions

3. Theory of sustainable land use

4. Land eco-economic theory

5. Man-land coordination theory

6. Systems engineering theory

1. Principle of public ownership of land

2. Adapt to local conditions

3. Comprehensive Benefit Principle

4. Stepwise control principle

5. Dynamic balance principle

6. Intensive use principle

7. Public participation principle