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

Section 38.9 Disposition versions

2023-07-06

38.9. The following activities are prohibited when carried out in a high-velocity flood zone:

(1)  the laying out of a public road, except if used to cross a lake or watercourse;

(2)  work to install, modify or extend a pipe in a waterworks system, sewer system or storm water management system and all work for the establishment of a linear public utility infrastructure, except

(a)  when the system is intended to serve an infrastructure or a building

i.  constructed in a high-velocity flood zone before 23 June 2021;

ii.  whose construction is not prohibited in a high-velocity flood zone;

(b)  when the system is intended to serve an infrastructure, a building, or a sector outside the high-velocity zone;

(c)  when the work relates to a public road;

(3)  the construction of any residential building and the necessary access, except

(a)  access to an existing main building;

(b)  an accessory building or work;

(4)  the reconstruction of a main residential building except

(a)  when it has sustained flood damage, provided that the value of the damage sustained is less than one half of the new-build cost for the building, excluding accessory buildings and works, and improvements to the site, established in accordance with Part 3E of the Manuel d’évaluation foncière du Québec and adjusted on 1 July of the year preceding the year in which the building was affected by the flood;

(b)  when it has sustained damage other than damage connected with flooding, provided that the building has the same dimensions and is on the same site as the original building, except in the cases where it is relocated in accordance with section 38.5;

(5)  the enlargement of a main residential building, including above or below ground, except work for relocating rooms used by one person for living or facilities essential for the building.

The first paragraph does not apply to accessory buildings or works erected temporarily or seasonally.

For the purposes of subparagraph 5 of the first paragraph, the enlargement of a main residential building that involves the relocation of rooms used by a person for living or of facilities essential for the building must, in addition to the other applicable conditions provided for in this Chapter, be carried out at least 30 cm above the 100 year flood recurrence level and must not result in additional encroachment into the flood zone.

O.C. 1596-2021, s. 49; I.N. 2022-03-01; O.C. 984-2023, s. 4.

2022-03-01

38.9. The following activities are prohibited when carried out in a high-velocity flood zone:

(1)  the laying out of a public road, except if used to cross a lake or watercourse;

(2)  work to install, modify or extend a pipe in a waterworks system, sewer system or storm water management system and all work for the establishment of a linear public utility infrastructure, except

(a)  when the system is intended to serve an infrastructure or a building

i.  constructed in a high-velocity flood zone before 23 June 2021;

ii.  whose construction is not prohibited in a high-velocity flood zone;

(b)  when the system is intended to serve an infrastructure, a building, or a sector outside the high-velocity zone;

(c)  when the work relates to a public road;

(3)  the construction of any residential building and the necessary access, except

(a)  access to an existing main building;

(b)  an accessory building or work;

(4)  the reconstruction of a main residential building except

(a)  when it has sustained flood damage, provided that the value of the damage sustained is less than one half of the new-build cost for the building, excluding accessory buildings and works, and improvements to the site, established in accordance with Part 3E of the Manuel d’évaluation foncière du Québec and adjusted on 1 July of the year preceding the year in which the building was affected by the flood;

(b)  when it has sustained damage other than damage connected with flooding, provided that the building has the same dimensions and is on the same site as the original building, except in the cases where it is relocated in accordance with section 38.5;

(5)  the enlargement of a main building, including above or below ground, except

(a)  work for relocating rooms used by one person for living or facilities essential for the building;

(b)  work on a building related to power transmission and distribution infrastructures, a waterworks system, a sewer system or a rainwater management system.

The first paragraph does not apply to accessory buildings or works erected temporarily or seasonally.

For the purposes of subparagraph 5 of the first paragraph, the enlargement of a main building that involves the relocation of rooms used by a person for living or of facilities essential for the building must, in addition to the other applicable conditions provided for in this Chapter, be carried out at least 30 cm above the 100 year flood recurrence level and must not result in additional encroachment into the flood zone.

O.C. 1596-2021, s. 49; I.N. 2022-03-01.