103. During the construction, improvement or repair of a road that crosses a watercourse, a culvert must be installed so as to ensure the free flow of fish, except if, less than 250 m upstream or 500 m downstream of the crossing site, any of the following situations is present:
(1) there is the presence of a vertical fall more than 1 m high, measured from the surface of the water, and no spawning ground identified on the land or indicated in the numeric information layers used for forest planning is present between the fall and the crossing site;
(2) the bed of the watercourse has a section of smooth bedrock with an average slope of 5% or more over a minimum distance of 3 m and the depth of the water flowing over the entire section is less than 100 mm;
(3) a section of the watercourse has a slope equal to or greater than 20%, evaluated using the department’s topographical maps or observed on the site over a distance of more than 20 m.
A culvert need not be installed to ensure the free flow of fish where, less than 250 m upstream from the crossing site, the bed of the watercourse disappears over a distance of more than 5 m.
Subparagraphs 1 and 2 of the first paragraph do not apply to a watercourse frequented by Atlantic salmon, ouananiche, Arctic char of the oquassa subspecies and anadromous brook trout.
For the purposes of this section, beaver dams, wood debris and anthropogenic obstacles are deemed not to be obstacles to the free flow of fish.