In force: 2018-04-01
76. During the construction, improvement, repair or maintenance of a road, the water flowing at the foot of the embankments of a road, other than a felling or hauling trail, other than a trail not intended for motorized all-terrain vehicles or other than a winter road, must be regularly diverted outside the right-of-way of the road towards vegetation areas located more than 20 m from an open peat bog with a pond, a marsh, a riparian swamp, a lake or a watercourse.
The maximum distance in meters to be respected between the diversions is calculated by dividing the number 500 by the percentage, in whole number rounded to the closest unit, of the road slope, or is calculated by any other technique ensuring that the diversions are in a sufficient number and laid out so as to prevent the erosion of the road.
Where the slope of the road to be built or improved is greater than 9% and the foot of the slope is less than 60 m from an open peat bog with a pond, a marsh, a riparian shrub swamp, a lake or a watercourse, the slope of the embankment and the clearing of the road must be reduced to a ratio of at least 1 (V): 1.5 (H) and the embankment must be stabilized using the techniques mentioned in section 73. This paragraph does not apply to a person who, in accordance with section 41 of the Sustainable Forest Development Act (chapter A-18.1), was authorized by the Minister to build or improve a road meeting other conditions, or to a person who has obtained such an authorization by a forestry permit or a contract or agreement entered into under that Act.
In the case of the repair of a road whose slope is greater than 9% and whose foot of the slope is less than 60 m from an open peat bog with a pond, a marsh, a riparian shrub swamp, a lake or a watercourse, the slope of the embankment and the clearing of the road must be stable and not allow the carrying of sediments into the environment to be protected.