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

Section 38.4 Disposition versions

2022-03-01

38.4. The following activities are prohibited in a flood zone:

(1)  work on a flood protection work, except

(a)  maintenance work on an existing flood protection work;

(b)  the construction of a flood protection work carried out by a government department, a municipality or a public body, on the following conditions:

i.  there is no other suitable way to provide adequate protection for persons and property;

ii.  it is in the public interest, in particular because of the number of persons, infrastructures, buildings or works protected;

iii.  in the case of the siting of a flood protection work, the work must protect an area in which 75% of the lots are already occupied by a building or work;

(2)  when it concerns a public institution or public security establishment,

(a)  the construction of a main building;

(b)  work to change the intended use of a building to house a public security establishment or public institution;

(3)  work for the construction of an underground parking garage.

Subparagraphs a and b of subparagraph 2 of the first paragraph do not apply when the urbanization perimeter of a municipality lies entirely within a flood zone.

For the purposes of the first paragraph, “construction” does not include dismantling.

O.C. 1596-2021, s. 49.