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

Section 3.2 Disposition versions

2020-12-31

3.2. Measures relating to lakeshores and riverbanks

All structures, undertakings and works are in principle prohibited on lakeshores and riverbanks. The following structures, undertakings and works may be permitted provided they are consistent with other protection measures recommended for floodplains:

(a)  the maintenance, repair and demolition of existing structures and undertakings used for purposes other than municipal, commercial, industrial, public or public access purposes;

(b)  structures, undertakings and works for municipal, commercial, industrial, public or public access purposes, including their maintenance, repair and demolition, if an authorization must be obtained under the Environment Quality Act (chapter Q-2) or, as applicable, they are eligible for a declaration of compliance or are exempted under the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1);

(c)  the construction or enlargement of a main building for purposes other than municipal, commercial, industrial, public or public access purposes, provided that

— the size of the lot does not allow for the construction or enlargement of the main building once the buffer strip has been established, and the construction or enlargement cannot reasonably take place elsewhere on the land;

— the lot was subdivided before the coming into force of the first applicable municipal by-law that prohibits construction on the lakeshore or riverbank;

— the lot is not located in a high-risk erosion or landslide area identified in the land use planning and development plan; and

— a buffer strip of a minimum of 5 m is maintained in its current state, or preferably returned to its former natural state;

(d)  the construction or erection of a subordinate structure or an appurtenance such as a garage, shed or pool is possible on the part of a lakeshore or riverbank that is no longer in its natural state, provided that

— the size of the lot does not allow for the construction or erection of the subordinate structure or appurtenance once the buffer strip has been established;

— the lot was subdivided before the coming into force of the first applicable municipal by-law that prohibits construction on the lakeshore or riverbank;

— a buffer strip of a minimum of 5 m is maintained in its current state, or preferably returned to its former natural state; and

— the subordinate structure or appurtenance is sited without excavation or fill;

(e)  the following vegetation-related undertakings and works:

— forest management activities subject to the Sustainable Forest Development Act (chapter A-18.1) and its regulations;

— removal or pruning of dead vegetation or vegetation affected by a pest or disease, or carried out for public safety purposes;

— unless carried out as a result of a natural disturbance, such as a windfall, epidemic, fire or freezing rain, in which case it may be greater, harvesting for forest development purposes of not more than 50% of the trees 10 cm or more in diameter, provided at least 50% of the forest cover is maintained;

— felling required for an authorized structure or undertaking;

— felling required to create a 5-metre wide access to a body of water;

— pruning and trimming required to create 5-metre wide view windows up to 10% of the riparian portion of a lot, and to create access to the body of water;

— for the purpose of restoring permanent and sustainable vegetation cover, the seeding or planting of plants, trees or shrubs, and the related work involved;

— to cultivate non-aquatic plants and mushrooms, all methods used to harvest herbaceous vegetation if the slope of the lakeshore or riverbank is less than 30%, and only on the top of the bank if the slope is greater than 30%.

(f)  cultivation of non-aquatic plants and mushrooms for agricultural purposes provided that a strip of vegetation at least 3 m wide, measured from the high-water mark, is preserved and, where there is a bank and the top of the bank is less than 3 m from the high-water mark, provided that the width of the strip of vegetation to be preserved is a minimum of 1 m wide at the top of the bank; and

(g)  the following undertakings and works:

— installation of fencing;

— installation or creation of outlets for sub-surface and surface drainage systems and pumping stations;

— creation of water crossings for fording, culverts and bridges and the related access roads;

— aquaculture facilities;

— septic installations that conform to the regulation concerning waste water disposal systems for isolated dwellings made under the Environment Quality Act;

— where the slope, soil type and site conditions prevent the restoration of vegetation cover and the return of a lakeshore or riverbank to its natural state, undertakings or works to stabilize the soil using phytotechnologies or inert materials such as riprap, gabions or retaining walls. Preference should be given to the technique most likely to promote the eventual establishment of natural plant growth;

— groundwater withdrawal facilities used for purposes other than municipal, commercial, industrial, public purposes or used for purposes of public access, and installed in accordance with the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1), the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) and the Water Withdrawal and Protection Regulation (chapter Q-2, r. 35.2);

— reconstruction or widening of an existing road, including farm and forest roads;

— undertakings and works required for the structures, undertakings and works authorized in littoral zones under Subsection 3.3;

— forest management activities subject to the Sustainable Forest Development Act and its regulation pertaining to standards for the sustainable development of forests in the domain of the State.

O.C. 468-2005, s. 3.2; O.C. 702-2014; O.C. 476-2017; O.C. 869-2020, s. 2.

2018-04-01

3.2. Measures relating to lakeshores and riverbanks

All structures, undertakings and works are in principle prohibited on lakeshores and riverbanks. The following structures, undertakings and works may be permitted provided they are consistent with other protection measures recommended for floodplains:

(a)  the maintenance, repair and demolition of existing structures and undertakings used for purposes other than municipal, commercial, industrial, public or public access purposes;

(b)  structures, undertakings and works for municipal, commercial, industrial, public or public access purposes, including their maintenance, repair and demolition, if an authorization must be obtained under the Environment Quality Act (chapter Q-2);

(c)  the construction or enlargement of a main building for purposes other than municipal, commercial, industrial, public or public access purposes, provided that

— the size of the lot does not allow for the construction or enlargement of the main building once the buffer strip has been established, and the construction or enlargement cannot reasonably take place elsewhere on the land;

— the lot was subdivided before the coming into force of the first applicable municipal by-law that prohibits construction on the lakeshore or riverbank;

— the lot is not located in a high-risk erosion or landslide area identified in the land use planning and development plan; and

— a buffer strip of a minimum of 5 m is maintained in its current state, or preferably returned to its former natural state;

(d)  the construction or erection of a subordinate structure or an appurtenance such as a garage, shed or pool is possible on the part of a lakeshore or riverbank that is no longer in its natural state, provided that

— the size of the lot does not allow for the construction or erection of the subordinate structure or appurtenance once the buffer strip has been established;

— the lot was subdivided before the coming into force of the first applicable municipal by-law that prohibits construction on the lakeshore or riverbank;

— a buffer strip of a minimum of 5 m is maintained in its current state, or preferably returned to its former natural state; and

— the subordinate structure or appurtenance is sited without excavation or fill;

(e)  the following vegetation-related undertakings and works:

— forest management activities subject to the Sustainable Forest Development Act (chapter A-18.1) and its regulations;

— sanitation cutting;

— harvesting of 50% of stems 10 cm or more in diameter, provided that at least 50% of the forest cover is maintained in private woodlots used for forestry or agricultural purposes;

— felling required for an authorized structure or undertaking;

— felling required to create a 5-metre wide access to a body of water whose shore or bank has a slope of less than 30%;

— pruning and trimming required to create a 5-metre wide view window if the slope of the lakeshore or riverbank is greater than 30%, or to create a trail or stairs giving access to the body of water;

— for the purpose of restoring permanent and sustainable vegetation cover, the seeding or planting of plants, trees or shrubs, and the related work involved;

— all methods used to harvest herbaceous vegetation if the slope of the lakeshore or riverbank is less than 30%, and only on the top of the bank if the slope is greater than 30%.

(f)  cultivation of soil for agricultural purposes provided that a strip of vegetation at least 3 m wide, measured from the high-water mark, is preserved and, where there is a bank and the top of the bank is less than 3 m from the high-water mark, provided that the width of the strip of vegetation to be preserved is a minimum of 1 m wide at the top of the bank; and

(g)  the following undertakings and works:

— installation of fencing;

— installation or creation of outlets for sub-surface and surface drainage systems and pumping stations;

— creation of water crossings for fording, culverts and bridges and the related access roads;

— aquaculture facilities;

— septic installations that conform to the regulation concerning waste water disposal systems for isolated dwellings made under the Environment Quality Act;

— where the slope, soil type and site conditions prevent the restoration of vegetation cover and the return of a lakeshore or riverbank to its natural state, undertakings or works to stabilize the soil using vegetation or mechanical means such as riprap, gabions or retaining walls. Preference should be given to the technique most likely to promote the eventual establishment of natural plant growth;

— groundwater withdrawal facilities used for purposes other than municipal, commercial, industrial, public purposes or used for purposes of public access, and installed in accordance with the Water Withdrawal and Protection Regulation (chapter Q-2, r. 35.2);

— reconstruction or widening of an existing road, including farm and forest roads;

— undertakings and works required for the structures, undertakings and works authorized in littoral zones under Subsection 3.3;

— forest management activities subject to the Sustainable Forest Development Act and its regulation pertaining to standards for the sustainable development of forests in the domain of the State.

O.C. 468-2005, s. 3.2; O.C. 702-2014; O.C. 476-2017.

2014-08-14

3.2. Measures relating to lakeshores and riverbanks

All structures, undertakings and works are in principle prohibited on lakeshores and riverbanks. The following structures, undertakings and works may be permitted provided they are consistent with other protection measures recommended for floodplains:

(a)  the maintenance, repair and demolition of existing structures and undertakings used for purposes other than municipal, commercial, industrial, public or public access purposes;

(b)  structures, undertakings and works for municipal, commercial, industrial, public or public access purposes, including their maintenance, repair and demolition, if an authorization must be obtained under the Environment Quality Act (chapter Q-2);

(c)  the construction or enlargement of a main building for purposes other than municipal, commercial, industrial, public or public access purposes, provided that

— the size of the lot does not allow for the construction or enlargement of the main building once the buffer strip has been established, and the construction or enlargement cannot reasonably take place elsewhere on the land;

— the lot was subdivided before the coming into force of the first applicable municipal by-law that prohibits construction on the lakeshore or riverbank;

— the lot is not located in a high-risk erosion or landslide area identified in the land use planning and development plan; and

— a buffer strip of a minimum of 5 m is maintained in its current state, or preferably returned to its former natural state;

(d)  the construction or erection of a subordinate structure or an appurtenance such as a garage, shed or pool is possible on the part of a lakeshore or riverbank that is no longer in its natural state, provided that

— the size of the lot does not allow for the construction or erection of the subordinate structure or appurtenance once the buffer strip has been established;

— the lot was subdivided before the coming into force of the first applicable municipal by-law that prohibits construction on the lakeshore or riverbank;

— a buffer strip of a minimum of 5 m is maintained in its current state, or preferably returned to its former natural state; and

— the subordinate structure or appurtenance is sited without excavation or fill;

(e)  the following vegetation-related undertakings and works:

— forest management activities subject to the Sustainable Forest Development Act (chapter A-18.1) and its regulations;

— sanitation cutting;

— harvesting of 50% of stems 10 cm or more in diameter, provided that at least 50% of the forest cover is maintained in private woodlots used for forestry or agricultural purposes;

— felling required for an authorized structure or undertaking;

— felling required to create a 5-metre wide access to a body of water whose shore or bank has a slope of less than 30%;

— pruning and trimming required to create a 5-metre wide view window if the slope of the lakeshore or riverbank is greater than 30%, or to create a trail or stairs giving access to the body of water;

— for the purpose of restoring permanent and sustainable vegetation cover, the seeding or planting of plants, trees or shrubs, and the related work involved;

— all methods used to harvest herbaceous vegetation if the slope of the lakeshore or riverbank is less than 30%, and only on the top of the bank if the slope is greater than 30%.

(f)  cultivation of soil for agricultural purposes provided that a strip of vegetation at least 3 m wide, measured from the high-water mark, is preserved and, where there is a bank and the top of the bank is less than 3 m from the high-water mark, provided that the width of the strip of vegetation to be preserved is a minimum of 1 m wide at the top of the bank; and

(g)  the following undertakings and works:

— installation of fencing;

— installation or creation of outlets for sub-surface and surface drainage systems and pumping stations;

— creation of water crossings for fording, culverts and bridges and the related access roads;

— aquaculture facilities;

— septic installations that conform to the regulation concerning waste water disposal systems for isolated dwellings made under the Environment Quality Act;

— where the slope, soil type and site conditions prevent the restoration of vegetation cover and the return of a lakeshore or riverbank to its natural state, undertakings or works to stabilize the soil using vegetation or mechanical means such as riprap, gabions or retaining walls. Preference should be given to the technique most likely to promote the eventual establishment of natural plant growth;

— groundwater withdrawal facilities used for purposes other than municipal, commercial, industrial, public purposes or used for purposes of public access, and installed in accordance with the Water Withdrawal and Protection Regulation (chapter Q-2, r. 35.2);

— reconstruction or widening of an existing road, including farm and forest roads;

— undertakings and works required for the structures, undertakings and works authorized in littoral zones under Subsection 3.3;

— forest management activities subject to the Sustainable Forest Development Act and its regulation pertaining to standards of forest management for forests in the domain of the State.

O.C. 468-2005, s. 3.2; O.C. 702-2014.

2012-09-01

3.2. Measures relating to lakeshores and riverbanks

All structures, undertakings and works are in principle prohibited on lakeshores and riverbanks. The following structures, undertakings and works may be permitted provided they are consistent with other protection measures recommended for floodplains:

(a)  the maintenance, repair and demolition of existing structures and undertakings used for purposes other than municipal, commercial, industrial, public or public access purposes;

(b)  structures, undertakings and works for municipal, commercial, industrial, public or public access purposes, including their maintenance, repair and demolition, if an authorization must be obtained under the Environment Quality Act (chapter Q-2);

(c)  the construction or enlargement of a main building for purposes other than municipal, commercial, industrial, public or public access purposes, provided that

— the size of the lot does not allow for the construction or enlargement of the main building once the buffer strip has been established, and the construction or enlargement cannot reasonably take place elsewhere on the land;

— the lot was subdivided before the coming into force of the first applicable municipal by-law that prohibits construction on the lakeshore or riverbank;

— the lot is not located in a high-risk erosion or landslide area identified in the land use planning and development plan; and

— a buffer strip of a minimum of 5 m is maintained in its current state, or preferably returned to its former natural state;

(d)  the construction or erection of a subordinate structure or an appurtenance such as a garage, shed or pool is possible on the part of a lakeshore or riverbank that is no longer in its natural state, provided that

— the size of the lot does not allow for the construction or erection of the subordinate structure or appurtenance once the buffer strip has been established;

— the lot was subdivided before the coming into force of the first applicable municipal by-law that prohibits construction on the lakeshore or riverbank;

— a buffer strip of a minimum of 5 m is maintained in its current state, or preferably returned to its former natural state; and

— the subordinate structure or appurtenance is sited without excavation or fill;

(e)  the following vegetation-related undertakings and works:

— forest management activities subject to the Sustainable Forest Development Act (chapter A-18.1) and its regulations;

— sanitation cutting;

— harvesting of 50% of stems 10 cm or more in diameter, provided that at least 50% of the forest cover is maintained in private woodlots used for forestry or agricultural purposes;

— felling required for an authorized structure or undertaking;

— felling required to create a 5-metre wide access to a body of water whose shore or bank has a slope of less than 30%;

— pruning and trimming required to create a 5-metre wide view window if the slope of the lakeshore or riverbank is greater than 30%, or to create a trail or stairs giving access to the body of water;

— for the purpose of restoring permanent and sustainable vegetation cover, the seeding or planting of plants, trees or shrubs, and the related work involved;

— all methods used to harvest herbaceous vegetation if the slope of the lakeshore or riverbank is less than 30%, and only on the top of the bank if the slope is greater than 30%.

(f)  cultivation of soil for agricultural purposes provided that a strip of vegetation at least 3 m wide, measured from the high-water mark, is preserved and, where there is a bank and the top of the bank is less than 3 m from the high-water mark, provided that the width of the strip of vegetation to be preserved is a minimum of 1 m wide at the top of the bank; and

(g)  the following undertakings and works:

— installation of fencing;

— installation or creation of outlets for sub-surface and surface drainage systems and pumping stations;

— creation of water crossings for fording, culverts and bridges and the related access roads;

— aquaculture facilities;

— septic installations that conform to the regulation concerning waste water disposal systems for isolated dwellings made under the Environment Quality Act;

— where the slope, soil type and site conditions prevent the restoration of vegetation cover and the return of a lakeshore or riverbank to its natural state, undertakings or works to stabilize the soil using vegetation or mechanical means such as riprap, gabions or retaining walls. Preference should be given to the technique most likely to promote the eventual establishment of natural plant growth;

— private wells;

— reconstruction or widening of an existing road, including farm and forest roads;

— undertakings and works required for the structures, undertakings and works authorized in littoral zones under Subsection 3.3;

— forest management activities subject to the Sustainable Forest Development Act and its regulation pertaining to standards of forest management for forests in the domain of the State.

O.C. 468-2005, s. 3.2.