In force: 2018-04-01
67. The construction or improvement of a road, other than a felling trail, a hauling trail or a trail not intended for motorized all-terrain vehicles, is prohibited within 60 m of an open peat bog with a pond, a marsh, a riparian swamp, a lake or a permanent watercourse, as well as within 30 m of an intermittent watercourse.
In places where the soil is impervious hardpan, the distance between the road and the lake or watercourse to be considered for the purposes of the first paragraph must be at least 4 times the height of the lakeshore or the bank of the watercourse, with a minimum of 60 m. In those places, the hardpan must be left intact and the vegetal cover and stumps must be preserved.
The first and second paragraphs do not apply if the topography or hydrography of the site does not make it possible to comply with the distances prescribed in those paragraphs and, in accordance with section 41 of the Sustainable Forest Development Act (chapter A-18.1), the construction or improvement of the road within a shorter distance has been authorized by the Minister, or the performance of such work is authorized under a forestry permit or a contract or agreement entered into under that Act. Those situations must be the subject of written applications justifying a departure from the first or second paragraph and indicating the alternative measures proposed to ensure the protection of the environment. The Minister consults the ministers responsible for the administration of the Act respecting the conservation and development of wildlife (chapter C-61.1) and the Environment Quality Act (chapter Q-2) where the situations described in the third paragraph require the construction or improvement of the road less than 20 m from the lake or watercourse. In addition, the construction, improvement or repair of a road running along a lake or watercourse while encroaching on its bed or riparian ecotone requires the authorizations provided for in those Acts.
473-2017O.C. 473-2017, s. 67.