Decree No. 307 / 2014 Coll.
Government regulation on the determination of details of land use records according to user relations
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Regulation
Effective from 01.01.2015
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307
GOVERNMENT REGULATION
of 8 December 2014
establishing details of land use records according to user relations
The Government mandates pursuant to § 3a (14) (i), § 3aa (5) (f), § 3i, 3l and 3m of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 62 / 2000 Coll., Act No. 307 / 2000 Coll., Act No. 128 / 2003 Coll., Act No. 85 / 2004 Coll., Act No. 317 / 2004 Coll., Act No. 94 / 2005 Coll., Act No. 167 / 2012 Coll., Act No. 441 / 2005 Coll., Act No. 35 / 2008 Coll., Act No. 95 / 2009 Coll., Act No. 109 / 2009 Coll., Act No. 261 / 2006 Coll., Act No. 409 / 2006 Coll.
Additional data registered for the soil block part in the soil register
For the soil block part, additional data on
(a) classification in the water source protection zone under the Water Act and classification in the spa source protection zone under the Spa Act;
(b) classification in a specially protected territory under the Nature and Landscape Conservation Act;
(c) the existence of a drainage system;
(d) inclusion in the cadastral territory under the Real Estate Register Act;
(e) inclusion in the mountain region, areas with other handicaps and Natura 2000 areas under the Government Decree on the Implementation of Measures of the Rural Development Programme of the Czech Republic (1) and the Strategic Plan of the Common Agricultural Policy of the European Union in the Czech Republic (hereinafter referred to as the Strategic Plan),
(f) inclusion in a vulnerable area or other restrictions under a government regulation on the establishment of vulnerable areas and on an action programme;
(g) inclusion in an area meeting the relevant objective of European Union structural assistance in accordance with the directly applicable European Union regulation governing the general provisions on the Structural Funds (2);
(h) the presence of a bird region or a European site under the Nature and Landscape Conservation Act;
(i) the occurrence of a nest site of field and mud puffs on permanent grassland or arable chevel under government regulations for implementing measures of the Rural Development programme1) and the Strategic Plan;
(j) the occurrence of soiled or peat meadows under the Government Regulation on the implementation of measures under the Rural Development Programme of the Czech Republic (1) and the Strategic Plan;
(k) cultivation of a genetically modified variety under the GMO;
(l) the results of agrochemical testing of agricultural soils under the fertiliser law;
(m) the occurrence of valuable habitats of the grassland communities under the Nature and Landscape Conservation Act, under the Government Decree on the Implementation of Measures of the Rural Development Programme of the Czech Republic (1) and under the Strategic Plan;
(n) the level of the operating level for the type of agricultural culture of the pond;
(o) inclusion in the territory designated for controlled floods under the Water Act;
(p) the area of the planted area of the vineyard for the type of agricultural vineyard culture in accordance with the directly applicable European Union provisions governing implementing rules of the common organisation of the market in wines3),
(q) the level of erosion risk of agricultural land, up to the area level of one crop, under the Government regulation governing the rules on cross-compliance of payments to farmers;
(r) the number of viable individuals per hectare for the type of agricultural culture fruit orchards according to the Act on the Central Audit and Examination Institute of the Agricultural,
(s) the occurrence of the Blue Sea habitats under the Government Regulation on the implementation of measures under the Rural Development programme1) and the Strategic Plan;
(t) suitability for afforestation under the Government's regulation for implementing measures of the Rural Development programme1) and the Strategic Plan;
(u) the suitability for grubbing arable land, the suitability for grubbing-up of infiltration areas or the existence of routes of concentrated water outflow according to the Government's Decree on the implementation of measures under the Rural Development programme1) and the Strategic Plan;
(v) classification in environmentally sensitive permanent grassland which are excluded from the possibility of conversion into a type of agricultural culture referred to in Article 3 (1) (a), (c) or (d);
w) restoration of permanent grassland under § 3j of the Act,
(x) the suitability of growing intercrop against hardening;
(y) the landscape element, its species and its area per soil block part;
(z) an area adjacent to a permanent body of surface water to protect water;
(za) the existence of an agrovoltaic electricity plant under the Land Fund Protection Act;
(zb) the appropriateness of growing crops with a restriction on the use of pesticides in the basins of selected arable water tanks under the Government Decree on the implementation of measures of the Strategic Plan; and
(zc) the occurrence of carbon-rich land under a government regulation governing cross-compliance rules for payments to farmers.
Other data registered with an eco-relevant element
(1) In the case of an organically important element or part thereof, data on the possibility of it being reserved as non-production areas shall also be recorded.
(2) In the case of an ecologically important element established after 1 January 2025, the year of its establishment shall be registered at the request of the user, if known.
Basic breakdown of agricultural culture types in land records
For the purposes of land use records according to user relations (hereinafter referred to as "for registration purposes'), the type of agricultural culture shall be:
(a) arable land (4), which is:
1. standard arable land,
2. grassland; and
3. Eels,
(b) permanent grassland 5),
(c) permanent culturs6) which is:
1. vineyards,
2. hops,
3. fruit orchard,
4th kindergarten,
5. rapidly growing timber grown in nurseries,
6. area with multiannual production crops,
7. area with truffles; and
8. other permanent culture; and
(d) other culture which is:
1. wooded land;
2. pond,
3. container area,
4. out-of-production area; and
5. another culture.
Standard arable land
(1) The standard arable land is for registration purposes
(a) agricultural arable land on which crops are grown in a regular sequence of agricultural crops,
(b) agricultural land under a greenhouse or under a fixed or portable cover; and
(c) area sown with grass, if grown for the production of grass seed.
(2) The standard arable land referred to in paragraph 1 shall also be land comprising trees, provided that their density does not exceed 100 pieces per hectare; that number does not include trees registered as environmentally important elements and scattered fruit trees which are repeatedly harvested.
Grass
(1) For the purposes of the record, grassland used for growing grasses or other herbaceous forage on natural areas or artificially planted areas shall be kept mechanically or grazed and included in crop rotation for less than 5 years.
(2) clover, lucerne and other botanical species naturally occurring in natural grasslands only in combination with other species or grown for the production of crops are grassland as referred to in paragraph 1 if they are less than 50% present in the crop.
(3) The grassland referred to in paragraphs 1 and 2 shall also be grassland comprising trees, provided that their density does not exceed 100 head per hectare; that number does not include trees registered as environmentally important elements and scattered fruit trees which are repeatedly harvested.
(4) The soil or area referred to in paragraphs 3a (a) to (c) is not a grassland referred to in paragraphs 1 to 3.
Eels
(1) For the purposes of record-keeping, the agricultural arable land lying fallow and the area set aside in accordance with the requirements laid down in the directly applicable European Union4), which are:
(a) without crop;
(b) naturally sown,
(c) with crops sown, or
(d) with grassland and other herbaceous forage.
(2) The soil and area referred to in paragraph 1 shall be the eel where they fulfil the following additional conditions:
(a) standard arable land, grassland, hops, vineyards, fruit orchards, rapidly growing timber grown in breeding plantations, area with multiannual production crops, other permanent crops or nurseries have been kept in the register of land in the immediately preceding period;
(b) they are cut, mulched or grazed at least once a year, including the trimming of the underpassports; and
(c) if they are without crop, they are maintained by mechanical cultivation or chemical means.
(3) The eel referred to in paragraph 1 shall also be land or area comprising trees, provided that their density does not exceed 100 head per hectare; that number does not include trees registered as environmentally important elements and scattered fruit trees which are repeatedly harvested.
Permanent grassland
(1) The permanent grassland shall, for the purposes of registration, be the agricultural land used for the cultivation of grasses or other herbaceous forage on natural or artificially sown areas maintained by mechanical or grazing.
(2) Grass under § 3b or eels under § 3c with cover for grasses and other herbaceous forage established between 1 November and 31 December shall become permanent grassland no later than 5 years in which they have not been included in crop rotation, unless they are non-production areas under a government regulation governing cross-compliance rules for farmers.
(3) Grass under § 3b or eels under § 3c with cover of grasses and other herbaceous forage established in the period from 1 January to 31 October shall become permanent grassland on 1 November of the calendar year in which the period of 5 years of their duration ended, unless there are non-production areas under a government regulation governing cross-compliance rules for farmers.
(4) clover, lucerne and other botanical species naturally occurring in natural grasslands only in combination with other species or grown for the production of crops are permanent grassland if they are less than 50% present in the crop.
(5) The permanent grassland is i
(a) an area on which more than 50% of other botanical species than grass and other herbaceous forage are present, the agricultural management of which is carried out in a similar manner to the cultivation of grass and other herbaceous forage as regards the part of the soil block on which the indication of the presence of sown and peat meadows referred to in § 1 (j) is recorded;
(b) permanent grassland which includes trees, provided that their density does not exceed 100 head per hectare, the number of which does not include trees registered as organically important elements and scattered fruit trees which are repeatedly harvested and the agricultural activity may be carried out on that area in a similar manner to that of an area without trees.
Vineyards
(1) For the purposes of the register, the vineyard is agricultural land which is evenly and continuously planted with a vine bush for at least 5 years or is expected to be planted for at least 5 years and which is fitted with a support device which must be installed no later than 2 years after planting; only in the event of a change in the way the vine bushes are kept, the support plant shall be installed back within 1 year of its removal.
(2) For the purposes of the register, an associated handling area shall be included in the area of such agricultural land, which shall not exceed the width of a single intermediate line along the lines along each side of the vineyard at the highest deductible width of 3 metres and 8 metres at the beginning and end of the rows; The handling area shall not be part of the journey. The planted area of the vineyard is laid down in a directly applicable European Union regulation laying down implementing rules for the common organisation of the market in wine (3). The management of the vineyard involves the care of the intermediate.
Hop cones
(1) hop is agricultural land for registration purposes,
(a) on which hops are grown for at least 5 years or are intended for at least 5 years; and
(b) which is fitted with a hop support plant.
(2) For the purposes of registration, the area enclosed by the external anchor wires of the supporting columns is the area so agricultural-managed; where hop plants are located on this external border, an additional strip of land equal to the average width of the intermediate on that parcel shall be added to each side of the parcel. This strip of land shall not be part of the journey.
(3) This area of agricultural land shall include, for the purposes of registration, an associated handling area which shall not exceed 8 metres at the beginning and end of the lines and shall not be part of the journey.
(4) The management of hops involves the maintenance of intermediate lines.
Fruit orchard
(1) Fruit set is, for the purposes of registration, agricultural land planted in a regular buckle
(a) fruit trees for at least 5 years or for at least 5 years such planting is envisaged and the planting density is at least 100 viable individuals per hectare of the part of the soil block; or
(b) fruit bushes with a stocking density of at least 800 viable individuals per hectare of part of the soil block.
(2) Fruit trees and fruit shrubs referred to in paragraph 1 are not rootstocks or crops.
(3) The area of such agricultural land shall be included for the purposes of registration in an associated handling area which shall not exceed the width of one intermediate line along the lines along each side of the fruit set at the highest possible width of 8 metres and a space of 12 metres at the beginning and end of the lines; The handling area shall not be part of the journey.
(4) The width of the interlining shall be at most 12 metres for fruit trees and 5 metres for fruit shrubs. The management of the fruit orchard includes the care of the intermediate.
(5) The fruit set referred to in paragraph 1 shall not be the part of the soil block which is included in the fulfilment of the multiannual condition under the Decree of the Government governing the agroforestry measure.
School
(1) For the purposes of registration, the nurseries are agricultural land and land under a greenhouse or under a fixed or portable cover to which they are grown for the purpose of subsequent restocking.
(a) young individuals of agricultural crops referred to in Articles 3e to 3g, 3i or 3l;
(b) ornamental trees and plants; and
(c) forest trees.
(2) The area of such agricultural land shall include a associated handling area which shall not exceed a width of 8 metres around the beds and shall not be part of the journey. Management of the kindergarten involves the care of the intermediate.
(3) The type of agricultural culture for the purposes of registration is not an area with planting trees for the purpose of selling them as Christmas trees.
Fast growing timber grown in nurseries
(1) For the purposes of record-keeping, rapidly growing timber grown in breeding plantations is agricultural land which is sown evenly and continuously for at least 5 years or which is expected to be grown for at least 5 years by rapidly growing timber, in a minimum of 1 000 viable individuals per hectare of part of the soil block, provided that the rootstocks and nurseries remain after the harvest in the country and fresh shoots grow in the new season.
(2) The area of such agricultural land shall be included in the associated handling area, which shall not exceed 12 metres at the beginning and end of the lines and the width of the line and the width of the cut-off line, at the highest possible width of 8 metres, along the lines on both sides of the fast-growing trees grown in breeding plantations and shall not be part of the journey.
Area with multiannual production crops
The area with multiannual production crops shall be agricultural land on which crops are grown for the purpose of crop production for the purposes of registration, which is not normally included in crop rotation and which have been grown for at least 5 years on that land or is intended for at least 5 years.
Area with truffles
The Truffle Area shall be the agricultural land planted with mycorhizee tree or shrub planted with truffle, with a density of at least 800 viable individuals per hectare of soil block and a maximum of 2000 viable individuals per hectare of soil block.
Other permanent culture
Other permanent crops are agricultural land with a permanent crop other than those referred to in Sections 3e to 3k for the purposes of registration. The management of another permanent culture involves the care of intersections. Another permanent culture according to the first sentence is not the part of the soil block that is classified in the framework of the fulfilment of the multiannual condition under the government regulation governing the agroforestry measure.
Forested land
(1) Forested land is forestry land for registration purposes,
(a) on which wood is grown to fulfil the functions of the forest; and
(b) which, prior to its afforestation, has been kept in the land register as agricultural land managed by the type of agricultural culture referred to in Sections 3a to 3l.
(2) Non-planted areas up to and including 4 metres shall be included in the area of such forestry-managed land, mainly serving as partitioning points or forest passages (7).
(3) As forested land, only areas on which the relevant multiannual condition of the farmer under Articles 70 and 73 of Regulation (EU) 2021 / 2115 of the European Parliament and of the Council, as amended, or the conditions of which are in accordance with Articles 70 and 73 of Regulation (EU) 2021 / 2115 of the European Parliament and of the Council, as amended, or in accordance with the Government Regulation governing the granting of subsidies for afforestation of agricultural soils (8) may be subject to land use under user relations.
Pond
(1) For the purposes of the register, the pond is a waterworks used for fish farming, water birds, aquatic animals and for the cultivation of aquatic plants, intended for the operation of pond farming under the Water Act and the Fisheries Act.
(2) For the purposes of accounting, the circumference of the water surface set at its operating level shall be considered to be the boundary of the pond.
Container area
(1) The container area is, for the purposes of registration, the area under the greenhouse, under a fixed or portable cover or an area without cover which is used agricultural for growing plants.
(2) For the purposes of recording plants grown on the container area are not directly linked to the root system with soil.
Extra-production area
For the purposes of registration, the extra-production area shall be the area of an organically significant element or part thereof, which is not part of the soil block with agricultural culture referred to in Sections 3 (a) to (c) and 3 (d) (5).
Other culture
Another culture is agricultural land not mentioned in Sections 3a to 3p.
Common provisions on agricultural culture in land records
For registration purposes they are in
(a) Sections 3b to 3d of grass and other herbaceous forage of botanical grasses and other herbaceous forage occurring in the Czech Republic in pastures and grasses of natural habitats or in grass seed mixtures and are mainly used as feed for livestock;
(b) Sections 3a to 3j and in Sections 3l and 3m of each type of agricultural culture, land or area, provided that the plants grown or growing on them are directly linked by the root system to that soil or area.
Object types in object records
(1) The object type in the object register is
(a) a permanent object;
(b) a water object,
(c) colony habitats; and
(d) another object.
(2) A permanent object means a construction or other device with building elements firmly connected to the land used for animal husbandry.
(3) Water object means a water surface or other stable facility on a water surface used for animal husbandry.
(4) The place of the colony is the establishment used for bee breeding.
(5) Another object means an object which does not meet the conditions laid down in paragraphs 2 to 4 for the purpose of animal husbandry.
Types of ecologically significant elements in the register of ecologically significant elements
(1) The type of ecologically significant element or part thereof in the register of ecologically significant elements which cannot be reserved as a non-production area is a landscape product set.
(2) The type of ecologically significant element or part thereof in the register of ecologically significant elements which can be reserved as a non-production area is a landscape element which is:
(a) the limit;
(b) the terrace,
(c) grasses,
(d) a group of timber;
(e) trees;
(f) solid wood;
(g) moat,
(h) wetlands; and
(i) rock.
(3) Landscaped orchard means an area evenly planted with fruit trees in the form of half-tree or high-tree with a minimum density of 50 viable individuals per hectare, the primary purpose of which is not the production of fruit, but the preservation of landscape varietal diversity, cultural heritage, agricultural nature of the landscape or elements of rural landscape urbanism, and in the intermediate order there is an herbal cover. Landscaped orchards are recorded in the soil register as part of a soil block with a type of agricultural culture other permanent culture.
(4) For the purposes of recording, the limit is a continuous unit of predominantly line type, mainly used to reduce the risk of water or wind erosion, usually defining the boundary of the soil block part. The limit may include wood vegetation, stoneware, stone wall, small sacral structure or grassy area. The limit may also be a separate stonework or stone wall. A department which, out of more than 50% of its area, constitutes land intended to perform forest functions under Section 3 of the Forest Act shall not be considered a limit.
(5) The terrace is defined as a continuous slope of a line type formed by a terraced stage to reduce the risk of water or wind erosion, and to reduce the slope of the slope of the soil block part, usually defining the boundary of the soil block part. The terrace can include woodland vegetation, stoneware, stone wall or small sacral structure.
(6) Grass grooves are arable arable land with arable agricultural culture. The grassy valley can include wood vegetation, a stoneware, a stone wall or a small sacral structure.
(7) A group of trees means a separate non-linear body comprising at least 2 pieces of wood vegetation with a maximum surface area of 5 000 m2. Wood vegetation, which is part of the limit, terrace or grassy valleys, and wood vegetation, is not considered to be a group of timber, which is a function of forest under § 3 of the Forest Act. Part of the group of trees can be a stonework, stone wall or small sacral structure.
(8) The machinery is a line-type unit comprising at least 5 pieces of wood vegetation and generally with regularly repeated elements. Part of the tree line can be a stone nose, stone wall or small sacral structure. Wood vegetation, which is part of the boundary, terrace or grassy valleys, and wood vegetation, is not considered to be a tree line, which functions as forest under § 3 of the Forest Act.
(9) Solid wood means isolated growing wood with a crown projection of 8 m2 or more occurring in an agricultural-managed landscape outside the forest. Wooden vegetation, which is part of the boundary, terrace or grassy valleys, is not considered to be a solitary tree. Part of the solitary wood can be a stoneware, stone wall or small sacral structure. In the case of solitary timber set up after 1 January 2025 with registered indication of the year of establishment, the projection of the crown may be less than 8 m2, the area of which is registered with an area of 8 m2. The degrading solitary wood may be supplemented by planting a new seedling under Section 24d (2) (e) of the Government Regulation governing the conditions for granting direct payments.
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Regulation Information
| Citation | Government Decree No. 307 / 2014 Coll., on the determination of the details of land use records according to user relations |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.12.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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