26. Every person constructing or improving a road that crosses a watercourse or a fish habitat shall construct a bridge or install 1 or more culverts, ensuring the free passage of water and fish.
The construction of bridges or the installation of culverts shall not reduce the width of the watercourse by more than 20%, as measured from the natural high-water mark. In the case of culverts, the width ensuring the free flow of water shall correspond to their diameter or their span.
The second paragraph does not apply to a person who makes the calculations referred to in Schedules 3, 4 and 5 to determine which installations are appropriate for crossing the watercourse. In those cases, the installations shall allow the passage of the 10-year instantaneous maximum flow for drainage basins less than 60 km2 in area and of the 20-year daily peak flow for drainage basins more than 60 km2 in area without reducing the width of the watercourse by more than 50%.
The 10-year instantaneous maximum flow for basins less than 60 km2 in area shall be calculated using the method described in Schedule 3. The 20-year daily peak flow for basins more than 60 km2 in area shall be calculated using the method described in Schedule 4.
The required size of culverts shall be determined using the table in Schedule 5, which takes into account the fact that the depth of flow for which the culvert was designed must be equal to or less than 85% of the vertical clearance available after the culverts are buried. Any shape of culvert other than circular shall have a cross-sectional flow area at least equal to that of the size required according to that Schedule. The roadway shall be at an elevation higher than the depth of flow for which the culvert was designed and the embankment of such road shall be stabilized, during the construction of the road, between its base and that depth of flow as provided for that purpose in section 18.
The construction of bridges or the installation of culverts shall not be allowed to cause erosion in the watercourse. In addition, those works shall be stabilized against any potential risk of erosion.
Every culvert referred to in this section shall have a diameter or span of at least 45cm. The span of a wood culvert shall be less than 1 m and its top and sides shall be covered with a geotextile membrane. The height of a wood culvert shall be greater than 80% of its span.