Property right requirements of photovoltaic power generation land

Legal analysis: For the construction of photovoltaic composite projects using agricultural land other than permanent basic farmland, the provincial department in charge of energy, land and resources, in consultation with relevant departments at the same level, will study and put forward the construction requirements (including the erection height of photovoltaic arrays) and identification standards of photovoltaic composite projects in this area on the premise of ensuring the sustainable utilization of agricultural land, and clearly define the regulatory measures to avoid affecting agricultural production. For projects that meet the construction requirements and identification standards of photovoltaic composite projects in the region, the basic land such as substations, operation management centers and hub towers shall be managed according to the construction land, and the approval procedures for construction land shall be handled according to law; Field road land can be managed according to rural road land; The photovoltaic phalanx of agricultural land layout cannot change the nature of the original land; The land for collecting lines laid by directly buried cables is managed in the same way as the land for photovoltaic array in this project.

Legal basis: Opinions of National Energy Administration on Supporting Photovoltaic Poverty Alleviation and Standardizing the Land Use of Photovoltaic Power Generation Industry.

Article 3 Standardize the land management of photovoltaic composite projects: For the construction of photovoltaic composite projects using agricultural land other than permanent basic farmland, the provincial department in charge of energy, land and resources should consult the relevant departments at the same level, study and put forward the construction requirements (including the erection height of photovoltaic arrays) and identification standards of photovoltaic composite projects in this region on the premise of ensuring the sustainable utilization of agricultural land, and clearly avoid the regulatory measures that affect agricultural production. Among them, in the case of using farmland other than permanent basic farmland to arrange photovoltaic phalanx, strict requirements should be put forward In addition to the land for pile foundation, it is forbidden to harden the ground and destroy the cultivated layer, and it is forbidden to abandon the soil. For projects that meet the construction requirements and identification standards of photovoltaic composite projects in the region, the basic land such as substations, operation management centers and hub towers shall be managed according to the construction land, and the approval procedures for construction land shall be handled according to law; Field road land can be managed according to rural road land; The photovoltaic phalanx of agricultural land layout cannot change the nature of the original land; The land for collecting lines laid by directly buried cables is managed in the same way as the land for photovoltaic array in this project.

Article 4 Strengthen the supervision of land for photovoltaic power generation projects: If the land for photovoltaic power generation projects is managed according to agricultural land and unused land, the ground shall not be hardened or the cultivated layer shall not be destroyed except for the land for pile foundation; Otherwise, the examination and approval procedures for construction land shall be handled according to law; Did not go through the formalities of examination and approval, according to the illegal land investigation. For the photovoltaic phalanx that failed to connect to the grid after layout, the local energy authorities shall clean it up. When the photovoltaic square land is withdrawn from the agricultural land and unused land management project, the land use unit shall restore the original state. Failing to restore the original state as required, the competent energy department where the project is located shall order it to make rectification.