Q-2, r. 35 - Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains

Section 4.2.1 Disposition versions

2020-12-31

4.2.1. Permitted structures, undertakings and works

Despite the principle set forth above, the following structures, undertakings and works may be allowed in those zones, provided they are consistent with the protection measures applicable to lakeshores, riverbanks and littoral zones:

(a)  works to maintain land in good condition, to maintain, repair, modernize or demolish existing structures and undertakings, provided the flood-prone area of the land does not increase as a result of the works; however, when work is carried out to modernize or reconstruct infrastructures associated with a public thoroughfare, the flood-prone area of the undertaking may be increased by 25% for public safety reasons or to bring the infrastructure into conformity with applicable standards; in all cases, major work on a structure or undertaking should entail flood-proofing the entire structure or undertaking;

(b)  works, structures or undertakings for public access purposes or for municipal, industrial, commercial or public purposes that are essential to port activities, navigation or shipbuilding, in particular, wharves, breakwaters, canals, locks and fixed navigation aids and their equipment and accessories; appropriate flood-proofing measures should be applied to any part of an undertaking situated below the flood level of the 100-year flood elevation;

(c)  linear, underground public utility facilities such as pipelines, power lines, telephone lines, water mains and sewers that have no service entrance for structures and undertakings situated in the high-velocity zone;

(d)  construction of underground waterworks or sewer systems in built-up areas not supplied by services with a view to supplying the structures and undertakings existing on the date of coming into force of the first municipal by-law prohibiting new constructions;

(e)  septic installations for existing structures or undertakings; the planned installation must be in conformity with the regulation concerning waste water disposal systems for isolated dwellings made under the Environment Quality Act (chapter Q-2);

(f)  alteration or replacement, for the same use, of an existing water withdrawal facility, as well as the installation of a surface water withdrawal facility below ground level, in accordance with the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1) and the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1);

(g)  an open-air undertaking, other than a golf course, intended for recreation purposes and that does not require filling or the removal of fill;

(h)  reconstruction of an undertaking or structure destroyed by a disaster other than a flood; all reconstructed undertakings and structures should be flood-proofed in conformity with the requirements of the Policy;

(i)  development of wildlife habitats that does not require filling and development of wildlife habitats that requires filling, but in the latter case, only if an authorization must be obtained under the Environment Quality Act or, as applicable, that is eligible for a declaration of compliance or that is exempted under the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact;

(j)  agricultural land drainage works;

(k)  forest management activities that do not require filling or the removal of fill, and that are subject to the Sustainable Forest Development Act (chapter A-18.1) and its regulations; and

(l)  agricultural activities that do not require filling or the removal of fill.

O.C. 468-2005, s. 4.2.1; O.C. 709-2008; O.C. 702-2014; O.C. 869-2020, s. 4.

2014-08-14

4.2.1. Permitted structures, undertakings and works

Despite the principle set forth above, the following structures, undertakings and works may be allowed in those zones, provided they are consistent with the protection measures applicable to lakeshores, riverbanks and littoral zones:

(a)  works to maintain land in good condition, to maintain, repair, modernize or demolish existing structures and undertakings, provided the flood-prone area of the land does not increase as a result of the works; however, when work is carried out to modernize or reconstruct infrastructures associated with a public thoroughfare, the flood-prone area of the undertaking may be increased by 25% for public safety reasons or to bring the infrastructure into conformity with applicable standards; in all cases, major work on a structure or undertaking should entail flood-proofing the entire structure or undertaking;

(b)  works, structures or undertakings for public access purposes or for municipal, industrial, commercial or public purposes that are essential to port activities, navigation or shipbuilding, in particular, wharves, breakwaters, canals, locks and fixed navigation aids and their equipment and accessories; appropriate flood-proofing measures should be applied to any part of an undertaking situated below the flood level of the 100-year flood elevation;

(c)  linear, underground public utility facilities such as pipelines, power lines, telephone lines, water mains and sewers that have no service entrance for structures and undertakings situated in the high-velocity zone;

(d)  construction of underground waterworks or sewer systems in built-up areas not supplied by services with a view to supplying the structures and undertakings existing on the date of coming into force of the first municipal by-law prohibiting new constructions;

(e)  septic installations for existing structures or undertakings; the planned installation must be in conformity with the regulation concerning waste water disposal systems for isolated dwellings made under the Environment Quality Act (chapter Q-2);

(f)  alteration or replacement, for the same use, of an existing water withdrawal facility, as well as the installation of a surface water withdrawal facility below ground level, in accordance with the Water Withdrawal and Protection Regulation (chapter Q-2, r. 35.2);

(g)  an open-air undertaking, other than a golf course, intended for recreation purposes and that does not require filling or the removal of fill;

(h)  reconstruction of an undertaking or structure destroyed by a disaster other than a flood; all reconstructed undertakings and structures should be flood-proofed in conformity with the requirements of the Policy;

(i)  development of wildlife habitats that does not require filling and development of wildlife habitats that requires filling, but in the latter case, only if an authorization must be obtained under the Environment Quality Act;

(j)  agricultural land drainage works;

(k)  forest management activities that do not require filling or the removal of fill, and that are subject to the Sustainable Forest Development Act (chapter A-18.1) and its regulations; and

(l)  agricultural activities that do not require filling or the removal of fill.

O.C. 468-2005, s. 4.2.1; O.C. 709-2008; O.C. 702-2014.

2012-09-01

4.2.1. Permitted structures, undertakings and works

Despite the principle set forth above, the following structures, undertakings and works may be allowed in those zones, provided they are consistent with the protection measures applicable to lakeshores, riverbanks and littoral zones:

(a)  works to maintain land in good condition, to maintain, repair, modernize or demolish existing structures and undertakings, provided the flood-prone area of the land does not increase as a result of the works; however, when work is carried out to modernize or reconstruct infrastructures associated with a public thoroughfare, the flood-prone area of the undertaking may be increased by 25% for public safety reasons or to bring the infrastructure into conformity with applicable standards; in all cases, major work on a structure or undertaking should entail flood-proofing the entire structure or undertaking;

(b)  works, structures or undertakings for public access purposes or for municipal, industrial, commercial or public purposes that are essential to port activities, navigation or shipbuilding, in particular, wharves, breakwaters, canals, locks and fixed navigation aids and their equipment and accessories; appropriate flood-proofing measures should be applied to any part of an undertaking situated below the flood level of the 100-year flood elevation;

(c)  linear, underground public utility facilities such as pipelines, power lines, telephone lines, water mains and sewers that have no service entrance for structures and undertakings situated in the high-velocity zone;

(d)  construction of underground waterworks or sewer systems in built-up areas not supplied by services with a view to supplying the structures and undertakings existing on the date of coming into force of the first municipal by-law prohibiting new constructions;

(e)  septic installations for existing structures or undertakings; the planned installation must be in conformity with the regulation concerning waste water disposal systems for isolated dwellings made under the Environment Quality Act (chapter Q-2);

(f)  improvement or replacement of an existing domestic well or an existing well serving a business establishment by a tubular (artesian) well; the well must be built so that the permanent sealing of the annular space eliminates all risk of contamination, and so that it is durable enough to prevent submersion;

(g)  an open-air undertaking, other than a golf course, intended for recreation purposes and that does not require filling or the removal of fill;

(h)  reconstruction of an undertaking or structure destroyed by a disaster other than a flood; all reconstructed undertakings and structures should be flood-proofed in conformity with the requirements of the Policy;

(i)  development of wildlife habitats that does not require filling and development of wildlife habitats that requires filling, but in the latter case, only if an authorization must be obtained under the Environment Quality Act;

(j)  agricultural land drainage works;

(k)  forest management activities that do not require filling or the removal of fill, and that are subject to the Sustainable Forest Development Act (chapter A-18.1) and its regulations; and

(l)  agricultural activities that do not require filling or the removal of fill.

O.C. 468-2005, s. 4.2.1; O.C. 709-2008.