A-18.1, r. 7 - Regulation respecting standards of forest management for forests in the domain of the State

Section 17 Disposition versions

2012-09-01

17. In a waterfowl gathering area, no person may construct a road within 60 m of a lake or a permanent watercourse or within 30 m of an intermittent watercourse, as measured between the natural high-water mark and the ditch on the side of the road closer to the watercourse or lake.

In places where the soil is impervious hardpan, the distance referred to in the first paragraph shall be at least 4 times the number of metres corresponding to the height of the slope of the lakeshore or the bank of the watercourse, with a minimum of 60 m.

Where the topography or hydrography of the site makes it impossible to respect those distances, those situations shall be specifically approved by the Minister and, in the case an integrated forest development plan is required, shall be indicated in that plan.

In the situations described in the third paragraph, a written application shall be filed justifying an exemption from the first or second paragraph and indicating the protection measures for the aquatic environment.

The Minister of Natural Resources and Wildlife shall consult the Minister of Sustainable Development, Environment and Parks where the situations described in the third paragraph require the construction of a road within 20 m of the lake or watercourse. Construction of a road within 5 m of a permanent watercourse or a lake requires authorization by the Minister of Sustainable Development, Environment and Parks.

Where a road is constructed or improved within 60 m of a lake or a permanent watercourse or within 30 m of an intermittent watercourse or at a lesser distance than that referred to in the second paragraph in such a way that the road runs alongside the lake or watercourse in accordance with the third paragraph, the slope of the road’s embankment on the side closer to the lake or watercourse shall be reduced to a ratio of at least 1.5(H): 1(V) and, where the erosion of that embankment entails a risk of carrying sediments into a watercourse, a lake or a fish habitat, the slope of that embankment shall be stabilized using the usual techniques, such as those referred to in section 25.

The sixth paragraph of this section does not apply to anyone who stabilizes the embankment referred to in that paragraph with a geotextile membrane and riprap.

Every person shall preserve the ground cover and the stumps within the distances prescribed in the first paragraph, except in a sand pit and on the site of the road to be constructed (including the roadway, the shoulders and the slopes of the road’s embankments) and where clearing is required for the road.

In places where the soil is impervious hardpan, every person shall leave the hardpan intact and preserve the humus, except for the place occupied by a road constructed in accordance with the provisions of the second paragraph or when constructing a road crossing a watercourse.

O.C. 498-96, s. 17.