Q-2, r. 17.1 - Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact

Section 340.2 Disposition versions

2023-07-06

340.2. The construction of a main residential building, except its initial siting, and the construction of its accessory buildings and works and necessary access are exempted from authorization pursuant to this Division when carried out on a lakeshore or riverbank, on the following conditions:

(1)  except if the initial encroachment does not allow it, a vegetation strip at least 5 m wide, measured from the boundary of the littoral zone, must be preserved in a natural or restored state in order to re-establish at least 2 strata of herbaceous, arbustive or arborescent vegetation;

(2)  the work cannot be carried out elsewhere on the lot without encroaching into the lakeshore or riverbank;

(3)  the lot was created before 18 May 2005.

Where the work involves the enlargement or any other substantial modification of a main residential building, the work must not bring the building closer to the littoral zone or create an encroachment exceeding the encroachment created by the existing building.

Where the work involves the relocation of a main residential building, the relocation must be further away from the littoral zone than the initial location and, despite subparagraph 3 of the first paragraph, the relocation may take place regardless of the date of the subdivision of the land.

Where the work involves the reconstruction of a main residential building, the area of the encroachment of the reconstructed main building into the lakeshore or riverbank is equal to or lesser than the area of the encroachment of the initial building.

Where the work involves accessory buildings and works for a main residential building, the following conditions must be met:

(1)  the area of the total encroachment of the accessory buildings and works into the lakeshore or riverbank is not more than 30 m2;

(2)  the work does not require backfilling or excavation.

Where the work involves dismantling, the conditions set out in this section do not apply.

For the purposes of this section, reconstruction covers a main residential building that has sustained damage, with the exception of damage connected with flooding or submersion, when the value of the damage sustained exceeds one half of the new-build cost for the building, excluding accessory buildings and works, 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 or submersion.

O.C. 1596-2021, s. 76; O.C. 985-2023, s. 16.

2022-03-01

340.2. The following are exempted from authorization pursuant to this Division when carried out solely on a riverbank or lakeshore:

(1)  the reconstruction of a main residential building that has sustained damage, with the exception of damage connected with flooding or submersion, when the value of the damage sustained exceeds one half of the new-build cost for the building, excluding accessory buildings and works, 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, on the following conditions:

(a)  the area of the encroachment of the reconstructed main building into the riverbank or lakeshore is equal to or lesser than the encroachment of the initial building;

(b)  the work cannot be carried out elsewhere on the lot without encroaching into a lakeshore or riverbank;

(c)  the lot was created before 18 May 2005;

(2)  the enlargement of a main residential building, above the ground and without further encroachment on the ground, when the lot was created before 18 May 2005;

(3)  the construction of accessory buildings or works for a main residential building including the necessary access, on the following conditions:

(a)  the area of the encroachment of the accessory buildings and works onto a lakeshore or riverbank does not exceed 30 m2;

(b)  the work does not require backfilling or excavation;

(c)  the conditions set out in subparagraphs b and c of subparagraph 1 are met.

For the purposes of first paragraph,

(1)  a vegetation strip at least 5 m wide, measured from the boundary of the littoral zone, must be preserved in a natural or restored state in order to re-establish at least 2 strata of herbaceous, arbustive or arborescent vegetation;

(2)  the reconstruction of a building includes the dismantling of the initial building and its reconstruction in the same location.

O.C. 1596-2021, s. 76.