Soil, which hosts millions of organisms, is the source of life and the primary reservoir of nutrients for vegetation. Agriculture, on the other hand, is the science concerned with producing plant and animal products, storing them under suitable conditions, processing and marketing them. Given its significance, soil is an indispensable production factor for the agricultural sector.

Soil, along with ecological elements such as climate, flora, and fauna, is among the most crucial natural resources. For balanced and sustainable societal growth and economic development, these resources must be identified and classified according to national needs.

The preservation of soil is directly linked to the classification and use of agricultural lands. In Turkey, factors determining land use include natural structure (topography, climate, geomorphology, soil composition, water resources, vegetation, and animal life), legal and institutional regulations, population demographics, and economic conditions.

Balancing agricultural lands with spatial uses is essential for the sustainability of these resources, while opening lands for development is significant for meeting needs and promoting growth. One of the major drivers of converting agricultural lands to urban use is the population and urbanization challenges faced by both Turkey and the world. If agricultural lands are urbanized without proper planning, risks may increase; however, when managed systematically, these risks can be minimized while addressing emerging needs.

Article 3 of the Soil Preservation and Land Use Law No. 5403 defines agricultural lands as:
“Land suitable for agricultural production due to its soil, topographical, and climatic characteristics, currently used or suitable for agricultural activities, or land that can be rehabilitated for agricultural production through improvement, restoration, or reclamation efforts.”

The evaluation of agricultural lands must consider not only the benefits of agricultural production but also environmental and social dimensions. To ensure the protection, development, and economic utilization of soils, their natural characteristics must be considered, mandating controlled and planned usage.

The key to controlled and planned use is categorizing lands based on their natural characteristics and usage needs, determining appropriate utilization for each category in advance. Using lands in alignment with their potential is a fundamental principle for sustainable natural resource use. Efforts to protect and develop soil and water resources should control factors disrupting soil balance and ensure that non-agricultural uses are located in suitable areas.

The appropriate use of agricultural lands is necessary, as converting fertile agricultural lands for urban development depletes these limited resources. While agricultural lands can occasionally be used for non-agricultural purposes, it is often impossible to restore these lands to their agricultural function once urbanized.

Article 8(c) of the Zoning Law No. 3194 states:
“Agricultural lands cannot be used, planned, or designated for purposes other than agriculture without obtaining the necessary permits specified in the Soil Preservation and Land Use Law No. 5403.”

When seeking permits to use agricultural lands for non-agricultural purposes, the type of agricultural land must be considered.

According to Article 13 of the Soil Preservation and Land Use Law:
“Absolute agricultural lands, special crop lands, planted agricultural lands, and irrigated agricultural lands cannot be used for non-agricultural purposes.” However, exceptions such as:

• Strategic defense needs,
• Temporary settlements following natural disasters,
• Oil and natural gas exploration,
• Mining activities deemed in the public interest,
• Public interest investments in infrastructure,
• Renewable energy projects as requested by the Energy Market Regulatory Authority,
• Geothermal-based technological greenhouse investments,
  may be permitted under the condition that soil preservation projects are adhered to and the Soil Preservation Board approves.

How Can Agricultural Lands Be Opened to Urban Development?

To effectively utilize and protect agricultural lands, it is necessary to identify lands that can be used for non-agricultural purposes and to determine absolutely protected agricultural areas nationwide. Following this classification, agricultural lands may be opened to urban development in a way that minimizes risks and meets needs.

Agricultural lands are classified into categories such as absolute agricultural lands, special crop lands, planted agricultural lands, and irrigated agricultural lands. Except for exceptional circumstances, these lands cannot be urbanized. However, other types of agricultural lands may be allocated for non-agricultural use by provincial authorities, provided soil preservation projects are followed.

A plot classified as farmland in the land registry can only be opened for urbanization if its classification is changed to “land.” For this, the plot must be within a 1/1000 scale zoning plan and designated for development. Upon implementation of the zoning plan, the plot’s classification will change from “farmland” to “land” in the registry.

Conclusion

The preservation, development, and utilization of soil resources require clear and well-defined approaches that emphasize the appropriate use of agricultural lands. Recognizing soil as humanity’s greatest assurance and source of life is essential. Identifying soil capabilities and characteristics, conducting land use planning, and ensuring the functionality of existing legal regulations aimed at protecting and efficiently using agricultural lands are critical steps. Opening agricultural lands to urban development through additional zoning plans may jeopardize the food security of future generations.

Av. Şefik ZIROĞLU, Av. İlayda YILMAZ