Q-2, r. 0.1 - Regulation respecting activities in wetlands, bodies of water and sensitive areas

Section 38.5 Disposition versions

2022-03-01

38.5. Work on a main residential building and its accessory buildings and works, including the necessary access, must meet the following conditions in addition to the other conditions set out in this Chapter:

(1)  in the case of the relocation of a main building,

(a)  it is to a new site at a higher elevation;

(b)  it moves the building away from a lakeshore or riverbank;

(c)  it is to a site that does not increase the exposure to ice;

(2)  in the case of the construction of an accessory building or work for a main building,

(a)  if for a building, it involves neither foundations nor anchoring;

(b)  the encroachment into the flood zone is not more than 30 m2 or, if the encroachment is into an agricultural zone ordered by the Government or established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), not more than 40 m2;

(3)  in the case of the construction of the necessary access,

(a)  it is associated with a building or work;

(b)  it cannot be carried out above the 100 year flood recurrence level, except as necessary to ensure evacuation of occupants;

(c)  it is carried out with surfacing that allows water to infiltrate into the soil;

(d)  the necessary work respects the original topography of the site as far as possible if it includes grading or the replacement of a layer of unconsolidated deposits.

For the purposes of subparagraphs 2 and 3 of the first paragraph, “construction” does not include dismantling.

Works intended for bathing are excluded from the application of subparagraph b of subparagraph 2 of the first paragraph.

O.C. 1596-2021, s. 49.