on Strengthening Land Support and Guarantee for Photovoltaic Power Generation Projects Municipal Planning and Natural Resources Bureaus (Forestry Bureaus), Agriculture and Rural Bureau, Energy Bureau, Planning and Natural Resources Bureau of Shanxi Transition Comprehensive Reform Demonstration Zone, and Forestry Bureaus directly under the provincial government: In order to support the development of green energy, in April 2022, The Provincial Department of Natural Resources, the Provincial Department of Agriculture and Rural Areas, the Provincial Energy Bureau and the Provincial Forestry and Grass Bureau jointly issued the Notice on Strengthening the Support and Guarantee of Land Use for Photovoltaic Power Generation Projects (Jin Natural Resources Letter [2022] 323, hereinafter referred to as the Notice), which has played a positive role in promoting the energy revolution, leading the economic transformation and helping the market players to multiply. In March 2023, the General Office of the Ministry of Natural Resources, the General Office of the State Forestry and Grass Administration and the General Department of the State Energy Administration issued the Notice on Supporting the Development of Photovoltaic Power Generation Industry and Regulating the Management of Land Use (Natural Resources Office No.2023), which further regulated the land use of photovoltaic industry . Some policies of the Notice are no longer applicable, and the relevant policies are further supplemented and revised as follows.
1. Revise the relevant contents of " (I) Basic Land Use Policy for Photovoltaic Power Generation Projects" as: " (I) Land Use Management Method for Photovoltaic Power Generation Projects" The land for photovoltaic power generation projects includes the land for photovoltaic arrays (including photovoltaic panels, collector lines laid by directly buried cables, etc.) And the land for supporting facilities (including substations and operation management centers, The land for power collection lines and roads inside and outside the site shall be classified and managed according to the nature of the land according to the classification of the Control Index for Land Use of Photovoltaic Power Station Project. New and expanded photovoltaic power generation projects shall not occupy permanent basic farmland, basic grassland or Class I protected forest land.
2. Revise the relevant contents of " (II) Land Use Policy for Photovoltaic Composite Projects" as: " (II) Land Use Policy for Photovoltaic Array and Supporting Facilities" 1. Land Use Policy for Photovoltaic Array. Photovoltaic array land shall not occupy cultivated land, and other agricultural land shall be reasonably controlled according to the actual situation, saving intensive land, and avoiding the impact on ecological and agricultural production as far as possible. If the photovoltaic array land involves the use of forest land, the complementary mode of forest and light shall be adopted. The shrub land in the area with an annual precipitation of less than 400 mm and the shrub land with a coverage of less than 50% in other areas can be used. It is not allowed to cut trees, cut shrubs and destroy the original vegetation. It is not allowed to cut and transform the arbor forest land and bamboo forest land into shrub land; The lowest point of the photovoltaic support shall be more than 1m higher than height of the shrub, and the net spacing shall be reasonably set in the north-south direction of each row of photovoltaic panels, which shall be determined by the local authorities in combination with the field, and effective water and soil conservation measures shall be taken to ensure that the growth status such as shrub coverage is not lower than level before the complementary of forest and light. If the photovoltaic array uses the shrub forest land according to the regulations, the temporary use of forest land formalities shall be handled during the construction period, the relevant parties shall sign an agreement during the operation period, and the forest land shall be restored to its original state after the expiration of the project service period. If the photovoltaic array land involves the occupation of grassland outside the basic grassland, the local forestry and grass authorities should scientifically assess the grassland resources and ecological conditions in the region, and reasonably determine the suitable construction area, construction mode and construction requirements of the project. Encourage the adoption of the "grass and light complementary" model. Photovoltaic array land shall not change the surface form, and shall be managed in accordance with the law and regulations on the basis of the results of the third national land survey and the subsequent annual land change survey. The implementation of land use filing does not need to be examined and approved according to non-agricultural construction land.
2. Land use policy for supporting facilities. The land for supporting facilities of photovoltaic power generation projects shall be managed according to the construction land, and the examination and approval procedures for construction land shall be handled in accordance with the law and regulations. Among them, if the occupation of cultivated land is involved, the balance of occupation and compensation shall be implemented according to the regulations. Roads that meet the standards of photovoltaic land use, are located inside and around the array, and directly support the photovoltaic array, can be managed as rural road land, involving the occupation of arable land, and the balance of access shall be implemented according to regulations. Other roads shall be managed as construction land.
3. Revise the relevant contents of " (III) Standards for Identification of Photovoltaic Composite Projects" as follows: On the premise of meeting the requirements of relevant laws and regulations, industry standards and regulations, each city may, under the leadership of the competent department, refine the construction requirements, identification standards and supervision measures of "complementary garden and light", "complementary forest and light" and "complementary grass and light" projects in accordance with the actual situation of the region. To avoid the impact on agricultural production and ecological security. If the agricultural and rural departments are responsible for guiding the construction of photovoltaic composite projects on agricultural land other than cultivated land by adopting the "garden-light complementary" mode, the county-level agricultural and rural departments shall issue technical audit opinions; Photovoltaic composite projects that meet the requirements of forest-light complementarity and grass-light complementarity and occupy the permitted forest land and grassland for construction shall be implemented after the ecological impact is assessed and filed by the county-level forestry and grass departments.
Four、 Office of the National Forestry and Grassland Administration, Office of the Ministry of Natural Resources Before the implementation of the Notice of the General Department of the State Energy Administration on Supporting the Development of Photovoltaic Power Generation Industry and Regulating Land Use Management (Natural Resources Office No.2023), the photovoltaic power generation project (including the start of construction and the start of construction) has been approved in accordance with the Opinions on Supporting Photovoltaic poverty alleviation and Regulating the Land Use of Photovoltaic Power Generation Industry (Land and Resources Regulation No.2017). The preliminary review of land use and the relevant opinions on land use at the time of approval of project establishment may be implemented. The area of project land and the area of occupied cultivated land, forest land and grassland shall not be expanded, and the abandonment of cultivated land shall be strictly prohibited. If the preliminary review of land use has been passed or the local land use opinions have been clarified, but the project has not been established, the requirements of Natural Resources Office [2023] No.12 shall be implemented. The existing photovoltaic facilities scattered within the red line of ecological protection shall be managed in accordance with relevant laws and regulations, and it is strictly forbidden to expand the existing scale and scope. After the expiration of the project, the construction unit shall be responsible for the ecological restoration. If the
relevant policies are inconsistent with the requirements of the Natural Resources Office [2023] No.12 policy, the Natural Resources Office [2023] No.12 document shall prevail.
Shanxi Provincial Department of Natural Resources Shanxi Provincial Department
of Agriculture and Rural Areas Shanxi Provincial Energy Bureau Shanxi Provincial Forestry and Grassland Administration
August 25
, 2023
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