Jilin City People's Government Office

Notice on Further Strengthening and standardizing the management of soil stripping and utilization in the cultivated land occupied by construction in Jilin City

Jishi City Government Office (2022) No. 35

The county (city) district people's Government, the development zone management Committee, the municipal government commissions and bureaus, directly under the government:

　　In order to implement the "Black Land Protection Law of the People's Republic of China", the Regulations of Jilin Province on the Protection of Black Land "and the" Jilin Province Management Measures for Soil Stripping and Utilization of Cultivated Land Occupied by Construction "(Ji Administration Office (2022) No. 17)，Effectively protect and make good use of precious black soil cultivated land resources，Further strengthen and standardize the management of soil stripping and utilization in the cultivated land occupied by construction in our city，It was discussed and adopted at the 13th Executive meeting of the Municipal Government in 2022，The relevant matters are hereby notified as follows:

　　First, the scope of implementation and responsibility of soil stripping utilization in the ploughing layer

　　(1) Soil stripping and utilization of the arable layer of cultivated land occupied by construction refers to the stripping of the arable layer soil of the cultivated land intended to be occupied by non-agricultural construction projects through engineering measures for the improvement of newly reclaimed cultivated land and inferior cultivated land, the construction of high-standard farmland, the treatment of polluted cultivated land, and land reclamation。If the cultivated land occupied by the construction project meets the soil quality evaluation standards stipulated in the Technical Specification for Topsoil Stripping of Cultivated Land Occupied by Construction (DB22/T2278-2015) and belongs to black soil cultivated land and permanent basic farmland, the soil of the tilled layer shall be stripped and utilized。If the cultivated land occupied by the newly added construction land and the cultivated land occupied by the temporary land in the agricultural land conversion project involves the destruction of the tilled layer, the soil of the tilled layer shall be stripped and utilized before the project is occupied in accordance with the principle of stripping and acceptance before leveling the land, so as to prevent the loss of cultivated land resources。

　　(2) The county (city) district government and the administrative committee of the development zone shall be responsible for the administration and supervision of soil stripping and utilization of the cultivated land occupied under construction within their respective administrative areas according to law。The competent departments of natural resources in counties (cities) districts and development zones shall take the lead in carrying out the management and supervision of soil stripping and utilization in the cultivated layer of cultivated land occupied by construction。The county (city) district and development zone agricultural and rural departments are responsible for assisting in the investigation of soil quality, guiding the use of soil stripping, and participating in the formulation of annual plans for soil stripping, the review and acceptance of programs。The county (city) district and development zone ecological environment departments are responsible for assisting in soil quality investigations and participating in the work of soil stripping and acceptance of the tilled layer。The financial departments of county (city) district and development zone are responsible for the funding guarantee of soil stripping utilization of the cultivated land occupied by the government, and participate in the acceptance of soil stripping of the cultivated layer。Other relevant functional departments of counties (cities) districts and development zones shall participate in the work related to soil stripping in the tilling layer according to the division of responsibilities。

　　2. Preparation of soil stripping and utilization plan for arable layer

　　(3) Each county (city) district and development zone shall prepare an annual plan for soil stripping and utilization of the cultivated land occupied by construction in its own administrative region, which shall be prepared by the competent department of natural resources of the county (city) district and development zone together with the departments of agriculture and rural affairs at the same level, and shall be submitted to the people's government at the same level and the administrative committee of the development zone for approval。The annual plan of soil stripping utilization of tilled layer should comprehensively consider the layout, scale and construction time series of occupied farmland projects and soil stripping projects of tilled layer，The work of stripping, transportation, storage, management, protection and utilization of the soil in the cultivated land occupied by construction shall be made overall arrangements，It shall conform to the territorial and spatial planning，And with black land protection, high-standard farmland construction, land improvement and other special plans fully connected。

　　Iii. Preparation and review of soil stripping programs for the topsoil layer

　　(4) The construction of occupied land needs to carry out soil stripping, should apply for agricultural conversion and land expropriation and requisition procedures at the same time, preparation of soil stripping implementation plan。If temporary land occupation requires soil stripping in the tilled layer and the content of soil stripping in the tilled layer is included in the land reclamation plan, the implementation plan of soil stripping in the tilled layer may not be prepared separately, and the relevant work requirements of soil stripping in the tilled layer shall be implemented in accordance with this notice。

　　(5) The cultivated land occupied by urban batch construction land needs to be peeled off the soil of the tilled layer，The competent department of natural resources of the county (city) district or development zone where it is located shall organize the compilation together with the departments of agriculture and rural areas at the same level;Separate site selection project, temporary land use project occupied farmland need to carry out soil stripping，The construction unit shall organize the preparation。

　　(6) The implementation plan of soil stripping in the ploughing layer shall comply with the provisions of the Technical Specification for topsoil Stripping of Cultivated Land Occupied for Construction (DB22/T2278-2015)，It shall include project overview, preparation basis, soil survey, stripping, transportation, acceptance, storage, management and protection, utilization, investment estimation, implementation plan, safeguard measures, etc。

　　(7) After the preparation of the implementation plan for soil stripping in the ploughing layer，Report to the county (city) district government and the administrative committee of the development zone to organize experts in natural resources, agriculture and rural areas, ecological environment, finance and other fields for review and demonstration;After examining the argument，The expert group shall issue review opinions;After the preparation of the implementation plan for soil stripping of the topsoil layer of the city's separate site selection project across the administrative region，Report to the municipal government to organize experts in natural resources, agriculture and rural areas, ecological environment, finance and other fields to review and demonstrate;The implementation plan of soil stripping in the topsoil layer is incorporated into the land reclamation plan，Conduct expert review and argumentation according to land reclamation program review procedure。

　　(8) If there are any of the following conditions in the soil of the cultivated land occupied by construction, it may not be stripped if the competent department of natural resources of the county (city) or development zone and the relevant departments of agriculture, rural areas and ecological environment at the same level are identified and reported to the people's government at the same level and the administrative committee of the development zone is approved:

　　1.It does not meet the soil quality evaluation standards stipulated in the Technical Specification for topsoil Stripping of Cultivated Land under Construction (DB22/T2278-2015);

　　2.Being seriously polluted and unfit for cultivation;

　　3.The slope is greater than 25 degrees or the area is less than 1 mu, and the stripping operation cannot be carried out;

　　4.Illegal occupation of cultivated land without approval, and the cultivated land layer has been damaged and can not be reused, and has been investigated and punished according to law;

　　5.Construction of cultivated land for natural use on the premise of not destroying the cultivated land layer and not constructing permanent buildings;

　　6.Temporary land is urgently needed for national security, military, rescue and disaster relief, epidemic prevention and control。

　　4. Implementation of soil stripping in the ploughing layer

　　(9) If the cultivated land occupied by the urban batch construction land needs to be peeled off the soil of the tilled layer, the local county (city) district government and the administrative committee of the development zone shall organize and implement the land before the land supply。If the cultivated land occupied by a separate site selection project needs to be peeled off the soil of the tilled layer, the construction unit shall be responsible for organizing the implementation before the construction of the land starts。The temporary land use project needs to carry out soil stripping, the construction unit before the use of land implementation。

　　(10) Soil stripping in the cultivated layer shall be carried out in accordance with the implementation plan of soil stripping in the cultivated layer or the relevant content of the land reclamation plan that has passed the expert review and demonstration。

　　(11) The cultivated land occupied by urban batch construction land needs to be peeled off the soil of the tilled layer，The county (city) district government and the administrative committee of the development zone may determine the implementation unit to be responsible for the specific work，But we must strengthen the quality supervision of construction units，Prevent deep digging and disorderly digging from destroying the soil in the ploughing layer，The construction quality problems should be stopped in time，Timely rectification。

　　5. Acceptance of the soil stripping project on the ploughing layer

　　(12) After the soil stripping of the cultivated layer of the cultivated land occupied for construction is completed，Urban batch construction land soil stripping implementation units, separate site selection projects and temporary land project construction units should be timely to the project location of the county (city) district government, the development zone management committee to submit acceptance applications，The county (city) district government and the administrative Committee of the development zone shall organize experts in the fields of natural resources, agriculture and rural areas, ecological environment and finance to carry out acceptance checks in accordance with the implementation plan that has passed the expert review and demonstration，The expert group shall issue an acceptance opinion。

　　(13) Separate site selection projects across administrative districts in urban areas，After the soil stripping of the cultivated layer of cultivated land occupied by construction is completed，The construction unit shall promptly submit an application for acceptance to the municipal government，The municipal government will organize experts in the fields of natural resources, agriculture and rural areas, ecological environment, and finance to carry out acceptance checks in accordance with the implementation plan that has passed the expert review and demonstration，The expert group shall issue an acceptance opinion。

　　(14) To apply for the acceptance of soil stripping of the tilling layer, the applicant shall submit the acceptance application, project completion report, construction records, project measurement and settlement data, related images and other materials。

　　(15) The acceptance of soil stripping of the ploughing layer can be applied for zoning, subdivision and staging according to the needs of the work。

　　6. Soil stripping and utilization in the ploughing layer

　　(16) The utilization of the soil in the peeled tilled layer should consider storage, management, transportation and other factors，Do stripping and use close connection，Encourage "immediate use" and "nearby use"，Priority is given to the transformation of newly reclaimed farmland and inferior farmland, high-standard farmland construction, polluted farmland control, land reclamation, greening, etc，It can also be used for ecological protection and restoration, facility agriculture planting, crop seedling rearing, organic fertilizer composting and so on。

　　(17) The cultivated layer soil stripped from the urban batch construction land shall be arranged and utilized by the local county (city) district government and the administrative committee of the development zone。Separate site selection project stripping of topsoil，The county (city) district government and the administrative committee of the development zone where the project is located shall be responsible for urging the construction unit to use the soil on its own in accordance with the annual plan for soil stripping and utilization of the tilled layer;The construction unit cannot use it by itself，The peeled soil should be handed over to the local county (city) district government and the development zone management committee for unified arrangement and utilization。In case of cross-jurisdictional use, the soil stripping unit of the tiller layer and the utilization unit should be docking according to relevant regulations。

　　(18) For farmers, family farms, farmers' cooperatives and other cultivated land management subjects to use the peeled soil to improve and fertilize cultivated land, the county (city) district government, the development zone management committee shall encourage and guide, take a free way to provide cultivated soil。For the projects invested by non-social capital, such as the reconstruction of newly reclaimed farmland and inferior farmland, the construction of high-standard farmland, the control of polluted farmland, land reclamation, ecological protection and restoration, greening, etc., the peeled tilled layer soil can be used free of charge or at the cost price。Other projects require the use of stripped soil, can be implemented paid use。All counties (cities) districts and development zones should make use of the province's unified trade information platform for stripped tilled soil to timely release stripped tilled soil information to the society and promote the effective use of stripped tilled soil。

　　(19) If the stripped soil of the tilled layer cannot be used in a short period of time, the unit implementing the soil stripping of the tilled layer shall transport it to a temporary stacking point for centralized storage。The temporary stacking points shall be uniformly set up by the local county (city) district government and the administrative committee of the development zone。When setting up temporary storage sites, factors such as transportation distance, utilization cost and impact on the surrounding environment should be comprehensively considered, abandoned land, unused land or stock construction land should be selected as far as possible, and permanent basic farmland, ecological protection red line, water source and geological disaster prone areas must be avoided。It is necessary to standardize the construction and management of temporary storage points, rationally equip management rooms, billboards, cameras and other supporting facilities, and implement preventive measures such as peripheral reinforcement and soil and water conservation。Relevant personnel should be arranged for daily management, and the quality and quantity of stored earthwork should be registered。Strengthen the management of soil sources, and prohibit unidentified soil, construction waste, and contaminated soil sources from being transported into storage points。

　　Vii. Funding Guarantee

　　(20) The annual planning expenses for soil stripping and utilization of the cultivated land occupied by construction shall be guaranteed by the county (city) district government and the administrative committee of the development zone, and shall be included in the annual financial budget management。

　　(21) Soil survey costs, implementation plan preparation and evaluation costs, engineering construction costs, storage and management costs of soil stripping, transport of soil to storage sites or direct transport to project sites that use soil free of charge, acceptance costs, etc., involved in soil stripping of cultivated land，Urban lot construction land should be included in the construction land acquisition cost，Individual site selection projects and temporary land use projects should be included in the project investment budget。

　　Viii. Supervision of soil stripping in the ploughing layer

　　(22) If the soil stripping of the cultivated layer of the cultivated land occupied for construction fails to pass the acceptance inspection, the urban governments and the administrative committees of the development zones shall not apply for the approval procedures for the construction land supply, and the competent departments of natural resources at all levels shall not organize the implementation of the land auction and sale and land supply work。

　　(23) If the soil stripping of the cultivated layer is not implemented or is not implemented in accordance with the standards and technical specifications, it shall be dealt with in accordance with the relevant laws and regulations。

　　(24) The municipal government will build occupied land soil stripping and utilization into the county government cultivated land protection target responsibility system and black land protection target responsibility system assessment, there are outstanding problems, do not evaluate。

　　9. Other matters

　　(25) The city level to establish the construction of the cultivated land soil stripping work evaluation and acceptance of the expert database, counties (cities) districts, development zones of soil stripping implementation plan evaluation, demonstration and acceptance, can choose from the database of relevant experts。

　　(26) Each county (city) district and development zone may formulate specific measures and supporting measures in accordance with this notice and in light of local realities。

　　(27) This notice shall take effect as of the date of promulgation and be valid for five years。Where there are other provisions of the state or province, such provisions shall prevail。

Jilin City People's Government Office

December 5th, 2022

    Policy interpretation:Policy interpretation of the Notice on Further Strengthening and standardizing the Management of Soil stripping and Utilization in the Cultivated land Occupied by Construction in Jilin City

    Source: Jilin City People's Government website