Uses Permissible in Agricultural Zone in UDCPR 2020

Mar 04, 2024

Any city in India is divided into various land use zones: Residential, Commercial, Agricultural, Industrial, etc. So, there is a restriction on the use of land under any zone. For example, You cannot build a Commercial building in an Agricultural Zone, or You cannot build hazardous or high-end Industries in a Residential Zone.

So here are the uses permissible in the Agricultural Zone as per UDCPR 2020 (UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE).

This is applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities / Special Planning Authorities / Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive / Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

Rule No. 4.11 Agricultural Zone

i) All agricultural uses, including stables of domestic animals, piggeries, poultry farms accessory buildings, tents, etc.;

ii) Golf Course and Links, Race tracks, and shooting ranges with necessary safety measures, Trekking Routes/nature trails/nature walks, etc.;

iii) Garden, forestry, nursery, public parks, private parks; play fields, summer camps for recreation of all types

iv) Public / semi-public sector utility establishments such as electric sub-stations, receiving stations, switch yards, over-head line corridors, radio and television stations, receiving stations, main stations for public gas distribution, sewage treatment, and disposal works, water works along with residential quarters for essential staff required for such works;

v) L.P.G. Godown, subject to the following conditions :-

a) Minimum plot size and area of the plot shall be as decided by the concerned Licensing Authority.

b) The maximum permissible FSI shall be 20% on this plot.

c) Only ground floor structure shall be permissible.

d) It is necessary to obtain a No Objection Certificate from the Controller of Explosives and competent fire authority.

vi) Vehicle Fuel filling Stations, including LPG / CNG / Ethanol / Public Charging Stations for Electric Vehicles, is subject to the following conditions :-

a) The plot shall be located on any road with a minimum width of 12.0 m. or more.

b) FSI for such facilities in this zone shall be up to 20% of gross area, underground structures along with kiosks shall not be counted towards FSI.

c) NOC from the Chief Controller of Explosives shall be necessary.

d) In case the plot is located on any Classified road, the distance from the junction of roads as may be specified by the Indian Road Congress / Ministry of Road, Transport and Highway, shall be followed. (IRC guideline 2009 and MORTH Letter No.RW/NH- 33023/19/99-DO III, Dated 25.09.2003 as amended from time to time)

e) In a plot of Fuel Station, other building or composite building for the sales office, snack bars, restaurant, public conveniences or like activities , may be permitted

vii) Pottery manufacture.

viii) Storage and drying of fertilizer.

ix) Farmhouses shall be permitted subject to the following conditions :-

a) Minimum plot area for the above use shall be 0.4 Ha. However, one farmhouse per land holding shall be permitted, irrespective of the size of the land holding.
b) The FSI shall not exceed 0.04 subject to a maximum built-up area of 400 sq.m. in any case. Only ground + 1 floor structure with height not exceeding 9.0 m. shall be permissible.

x) Swimming pools/sports and games, canteen, tennis courts, etc.

xi) Amusement park.

a) Amusement park with minimum plot area of 1.0 ha. with recreational and amusement devices like a giant wheel, roller coaster, merry-go-round or similar rides both indoor and outdoor, oceanic-park, swimming pool, magic mountain and lake, ethnic village, shops for souvenirs/citations, toys, goods, as principal uses and ancillary activities such as administrative offices, exhibition hall or auditorium, open-air theatre, essential staff quarters, store buildings, fast food shops, museum, small shops, ancillary structures to swimming pool, ancillary constructions along with staff quarters and residential hotels. Maximum permissible FSI shall be 0.70 on the gross plot area, out of which 0.20 shall be without payment of premium and remaining with payment of premium at the rate of 20% of the rate mentioned in the annul statement of rates of very said land without considering the guidelines therein.

b) The required infrastructure, like proper and adequate access to the park, water supply, sanitation, conservancy services, sewage disposal and adequate off-street parking, will have to be provided and maintained by the promoters of the project at their cost.

c) The promoters of the project shall provide adequate facilities for the collection and disposal of garbage at their cost. They will keep, at all times, the entire environment clean, neat and hygienic.

d) Area of Rides, whether covered or uncovered, shall not be computed towards FSI.

e) At least 250 trees (of indigenous species) per Hector shall be planted and grown within the area of the park.

f) Sufficient parking facilities and ancillary facilities for cars, buses, transport vehicles, etc., shall be provided on-site.

xii) IT / ITES parks/units with 0.20 FSI, subject to Regulation No.7.8.

xiii) Any building/use by the Government / Semi-Government or Government Controlled

bodies with basic FSI and village resettlement or resettlement of project-affected persons with full permissible FSI as that of a residential zone.

xiv) Biotechnology unit / B.T. Park subject to Regulation No.7.9.

xv) Development of buildings of educational, research, and medical institutions, community development, human resources development, rural upliftment, yoga ashram, mediation centers, vipassana centers, spiritual Centres, goshalas, panjarpol, Old Age homes, and Rehabilitation Centres along with allied activities, Planetarium / Astronomical / Astrophysical facilities/projects with FSI of 1.00 on the gross plot area, out of which 0.20 shall be without payment of premium and remaining with payment of premium at the rate of 20% of the rate mentioned in the annul statement of rates of very said land without considering the guidelines therein subject to following conditions :-

Conditions :-

a) The trees at the rate of 250 trees per hectare shall be planted on the plot.

b) The provisions of higher FSI mentioned in Chapter - 7 of these Regulations shall apply to the above buildings listed in the said chapter. However, higher FSI in such cases shall not exceed 100% of the above.

c) In case of educational use, 15% of the area may be used for commercial purposes subject to Regulation No.4.10(vi) provisions.

xvi) Integrated highway/Wayside amenities such as motels, way-side restaurants, fuel pumps, service stations, restrooms and canteen for employees working on-site and truck drivers, service godowns, factory outlets, highway malls, hypermarkets along with public conveniences like toilets, trauma center, medicine shop, bank ATMs and like activities with FSI of 0.2 on the gross area without payment of premium and further FSI upto 0.3 with premium at the rate of 20% land rate in Annual Statement of Rates of the said land without considering the guidelines therein, shall be allowed subject to following conditions :-

Integrated Highway / Wayside Amenities may be permitted to be developed on plots of land having a minimum area of 10,000 Sq.m. abutting to National Highways/State Highways or on any road not less than 18.0 m. width.

Provided that, No subdivision of land shall be allowed and the location of the fuel pump, if

provided, shall be separately earmarked.

Notwithstanding anything contained in this regulation, an individual use as mentioned in this

regulation may be permissible, on a road having a minimum width of 12.0 m. The minimum plot size for this regulation shall be the entire holding mentioned in the single 7/12 extract or a minimum of 4000 Sq.m. In any case, Sub-division / layout shall not be permitted.

xvii) Ancillary Service Industries

Ancillary service industries for agro-related products like flowers, fruits, vegetables, poultry products, marine products, related collection centres, auction halls, godowns, grading services and packing units, knowledge parks, cold storages, utility services (like banking, insurance, post office services) etc. on the land owned by individuals/organizations with FSI of 0.20 without payment of premium. Further, FSI up to 1.00 may be granted with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

xviii) Any industry/industries with FSI of 0.20 without payment of premium and further FSI up to 1.00 with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein. Minimum buffer open space/setback (which may include marginal distance and road width, if any) from the boundary of industrial Building/use to residential or habitable zone/use, shall not be less than 23.0 m. Such buffer open space shall be kept on the same land.

Provided that, the area under such buffer open space/setback shall not be deducted for computation of FSI.

Provided further that, if the land under the industrial zone is utilized entirely for non-polluting industries, IT / ITES or like purposes, then such buffer zone / open space shall not be necessary.

Provided further that, Industrial layout / sub-division of land shall also be permissible subject to regulations of Industrial Zone. In such case, the plot shall be entitled to 0.20 FSI and further FSI, as mentioned above, shall be subject to payment of premium. The condition to this effect shall be stamped on the layout / sub-division plan and also mentioned in the approval letter.

Provided further that, industrial godowns/godowns shall also be permissible under this regulation.

xix) Solid waste management, landfill sites, biogas plants, and power generation from waste.

xx) Power generation from non-conventional sources of energy. Area covered under solar panels shall not be counted in FSI.

xxi) Brick, tile manufacture.

xxii) Fish Farming.

xxiii) Religious buildings are subject to conditions as may be prescribed by the Authority.

xxiv) Slaughterhouse or facilities for processing and disposal of dead animals with the special permission of the Authority.

xxv) Cemeteries and crematoria and structures incidental thereto.

xxvi) Scrap Market with FSI of 0.20 without payment premium and further FSI up to 1.00 with the payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

xxvii) Mangal karyalayas / lawns.

a) Minimum area for mangal karyalaya shall be 0.4 ha. with FSI of 0.20. It may be

permitted along with essential guest rooms not exceeding 30% of the area of Mangal Karyalaya. The area for parking shall be 40% of the gross area, which shall be properly earmarked and bounded by a bifurcating wall. Further FSI up to 1.00 with payment of premium at the rate of 20% of the land rate in Annual Statement of Rates of the said land without considering the guidelines therein.

b) Lawns for the ceremony shall be 0.8 ha. with an FSI of 0.10. Area for parking shall be 40% of the gross area.

c) The plot for mangal karyalaya or lawn shall abut on road width of a minimum of 9.0 m. in the case of Nagar Panchayat, Municipal Council and Regional Plan area and 12.0 m. in case of other areas.

xxviii) Bus Terminus.

xxix) Construction of any communication route, road, railway, airstrips, ropeways, ports, electric lines, etc.

xxx) Town planning schemes under the provisions contained in the chapter - V of the Maharashtra Regional & Town Planning Act, 1966 shall be allowed for a minimum 20 hectare area, with a proper road network subject to the condition that the entire cost of the scheme shall be borne by the owners. After sanction of the preliminary scheme under section 86 of the Act, all uses as that of a residential zone, shall be permitted. FSI and other regulations shall be applicable as per the residential zone. Or

If the owners come together for development on the aforesaid concept of a town planning scheme instead of undertaking a town planning scheme under the Act, the Authority may allow and approve such development subject to the availability of an existing approach road of a minimum 12.0 m. width and earmarking 40% of the land for roads, parks, playgrounds, gardens, social infrastructure, and sale by the Authority, which shall be handed over to the Authority subject to the following -

a) A minimum of 10% of land shall be earmarked for playgrounds and parks, for which no FSI / compensation shall be allowed.

b Minimum 15% of land shall be earmarked for social infrastructure and that for sale by the authority and shall be handed over to the authority for which compensation in the form of FSI shall be allowed in-situ.

c Road area only to the extent of 15% shall be calculated in this component, for which compensation in the form of FSI shall be allowed in situ. The road area over and above 15% shall be calculated in the owner's / developer's share.

d) The regulation No.3.4 and 3.5 shall not be applicable in this case.

Development permission for uses permissible in a residential zone shall be granted phase-wise after completion of physical infrastructure works, including off-site infrastructure and handing over of land to the Authority. The land under such proposals shall be entitled for basic FSI / Premium FSI / TDR / In-situ FSI as that in the Residential Zone.

xxxi) Manufacturing of Fireworks / Explosives and Storage of magazines/Explosives beyond 2.0 km. of Gaothan Settlement / Gaothan Boundary subject to No Objection Certificate from the Chief Controller of Explosives.

xxxii) Development of Cinema and TV film production, shooting, editing, and recording studios with its ancillary and supporting users, including construction of staff quarters, restrooms, canteens, etc., subject to the following conditions :-

a) The minimum plot area (necessarily under one ownership) shall not be less than 2.0 ha.

b) The permissible FSI shall be 0.2 on gross plot area without payment of premium and up to 1.00 with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

xxxiii) Tourist homes, Resorts, Hotels, Motels, Health and Wellness spas, Golf courses, Art and Craft villages, Exhibition cum Convention Centres, Camping-Caravanning and tent facilities, Adventure Tourism Projects, Eco-Tourism Projects, Agricultural Tourism Projects, Medical Tourism Projects, Boutique wineries, Guest houses and Bed and Breakfast scheme approved by MTDC / DoT etc., with Rooms / Suites, support areas for reception, kitchen, utility services etc., along with ancillary structures like covered parking, watchman's quarter, guard cabin, landscape elements, and if required, one observation tower per tourist resort upto the height of 15.0 m. with platform area up to 10 sq.m. in permanent / semi-permanent structural components. The permissible FSI shall be 0.2 on gross plot area without payment of premium and up to 1.00 with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

xxxiv) Tourist Resort Complexes may be permitted with the following conditions :-

A) General conditions - The minimum area of such site shall not be less than 1.00 Ha. and 0.4 Ha. in the case of local residents.

B) Condition for Development -

a) Maximum permissible FSI in this zone shall be 0.25 of gross plot area without payment of premium and remaining up to 1.00 with payment of premium at the rate of 20% of land rate in Annual Statement of Rates of the said land without considering the guidelines therein.

b) The uses, like resorts, Holiday camps, recreational activities, and amusement parks, may be permitted in this zone.

c) If the site is located adjacent to forts, and archaeological and historical monuments, the development shall be governed by the rules prescribed by the archaeological department.

d) If the site is located near natural lakes, then, development shall be governed by the following :-

Distance from High Flood Line (HFL) / Full Storage Level (FSL)	Development to be allowed
Up to 100 m.	Not permissible.
Above 100 m. to 300 m.	Ground floor structure with a maximum height of 5.0 m.
Above 300 m. to 500 m.	G + 1 storey structure with a a maximum height of 9.0 m.
Above 500 m.	G + 1 storey structure with maximum height of 9.0 m. Within permissible FSI and subject to other regulations.

f) No subdivision of land shall be allowed.

g) The land should have an approach of a minimum of 9.0 m—wide road.

h) The land having a slope steeper than 1:5, shall not be eligible for development.

C) Infrastructural Facilities - All the infrastructural facilities required on site as specified by the Authority, shall be provided by the owner/developer at his own cost on the site. Proper arrangements for the treatment and disposal of sewage and solid waste shall be made. No untreated effluent shall be allowed to pass into any watercourse.

xxxv) In the areas of Local Bodies and the area of SPA where a Development Plan or planning proposal is sanctioned, "Pradhan Mantri Awas Yojana" shall be permitted subject to the provisions of Regulation No.14.4.1.

xxxvi) Individual house of size up to 150 sq.m. for entire holding mentioned in the single 7/12 extract, as of the date of coming into force of these regulations.

xxxvii) Mining and quarrying subject to provisions of Regulation No. 15.1

xxxviii) In the area of Regional Plans (excluding the area of Local Bodies and SPA where a Development Plan or planning proposal is sanctioned), "Pradhan Mantri Awas Yojana" shall be permitted subject to the provisions of Regulation No.14.4.2.

xxxix) Development of Tourism and Hospitality Services under Community Nature Conservancy around wildlife sanctuaries and national parks shall be permitted as per Regulation No.14.9.

xxxx) Integrated Township Projects as per Regulation No.14.1.1.

xxxxi) Buildings for Three star and above category hotels along National / State Highways, MDR and on other roads not less than 18.0 m. in width, may be permitted with FSI 0.2 on gross area without payment of premium and remaining up to 1.00 with payment of premium at the rate of 20% of land rate in Annual Statement of Rates of the said land without considering the guidelines therein.

xxxxii) Bulk storage and sale of Kerosene subject to NOC of Chief Controller of Explosive, Government of India.

(1) xxxxiii) Development of housing for EWS / LIG as per Regulation No.7.7.

(1) xxxxiv) Development is permissible adjacent to Gaothan as specified in Regulation No.5.1.1.

Notes :-

1) The permissible FSI for uses mentioned above shall be 0.20, if not specified.

2) The height of the building shall be permissible as per regulation No.6.10, subject to FSI permissibility under this regulation.

3) For the uses permissible in the Agricultural Zone, the minimum road width shall be 6.0 m. for non-special buildings, unless otherwise specified, and for special buildings shall be as per Regulation No.3.3.9.

4) The premium for FSI (allowed with payment of the premium) shall be levied for FSI actually proposed in the permission.

5) The payment to be recovered in the above cases shall be apportioned 50% - 50% between the Authority and the State Government, unless otherwise exempted by the Government by separate order.

6) The payment to be recovered in the above cases may be exempted by the Government by separate order in case of deserving charitable institutions.

7) No such premium shall be leviable in case of Government/Semi-Government or government-controlled bodies.

8) Trees at the rate of 100/hectare shall be planted on the land, unless otherwise specified.