RECONSTRUCTION OF AGRICULTURAL LANDS
Authors: Velkovski Valeri 
Published: February 2021

The recultivation of the agricultural land has the character of a planning event, inasmuch as its nature and normative justification corresponds to the established technological standard for carrying out such.
In a specific aspect related to the peculiarities of this process on agricultural lands, the legal regulations focus mainly on some details related to potential construction on these lands, while at the same time preserving, respectively improving their productivity.
Within the meaning of Article 12, paragraph 3 of the Law on the Protection of Agricultural Land, the use of recultivated agricultural land for non-agricultural purposes is possible by changing its purpose.
According to the text of Article 14, Paragraph 1 of the Law on the Protection of Agricultural Land, the construction of agricultural land from first to sixth category is carried out only after removal of the humus layer, which, according to the provisions of Article 15, paragraph 1 of the Law on the Protection of Agricultural Land, is used for reclamation of disturbed terrains.
If the terrains do not have the characteristics of disturbed, the humus layer is used to improve the productive qualities of the low-productive lands.
The normative requirements regarding the disturbed agricultural terrains and the necessity to carry out recultivation measures on them are regulated in the text of Article 3, paragraph 1 of Ordinance No 26 on rehabilitation of damaged terrains, improvement of low-productive lands, seizure and utilization of humus layer. Reclamation is necessary and feasible:
a / where the affected terrain will be used for agricultural purposes;
b/ when the surface elevation is equal to the height of the neighboring properties;
c / when road accessibility to the land subject to recultivation is ensured.
Besides the above mentioned requirements, the requirement for ensuring the sustainability of the recultivated terrain is regulated.
This resistance is associated with ignoring the possibility and the danger of collapsing, sliding and sliding, and when creating terraces, their slope must ensure the stability of the earth masses.
The text of Article 4 of Ordinance No 26 regulates the two-stage process of recultivation, which differentiates two groups of reclamation: technical and biological.
Technical recultivation covers a set of events that start with cleaning and preparation of disturbed terrain, seizure and transport of earth masses, alignment and landscaping.
When the terrain has acquired a final appearance, the norm requires the actual, subject of the recultivation activity - transportation and spreading of the humus layer.
According to the regulation of art. 2, para 3, item 2 and item 3 of Ordinance № 26, suitable materials for the creation of an upper layer for reclamation of damaged terrains, which must have a humus layer thickness of 30/35 cm, are also, the appropriate horizon of the soil profile, which is inhabited by small microorganisms and the deeper layers to be treated.
The use of such materials is the subject of the second stage of the reclamation process - the stage of biological recultivation, which is classified in the text of Article 4, item 2 of Ordinance No 26 as a complex of agro-technical, agrochemical, technological and meliorative activities for restoration of the productivity of reclaimed areas for a 5-year period after the technical reclamation.