Q-2, r. 35 - Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains

Section 2.1 Disposition versions

2012-09-01

2.1. High-water mark

For the purposes of this Policy, high-water mark refers to the line which marks the limit of the littoral zone and the shoreline or riverbank.

The high-water mark corresponds to the natural high-water mark, namely:

(a)  the point where predominantly terrestrial plants succeed predominantly aquatic plants, or

where there are no aquatic plants, the point closest to the water where terrestrial plants no longer grow.

Plants considered to be aquatic plants are all hydrophytes, including submergents, floating plants, emergents and emerged herbaceous and woody plants characteristic of open marshes and swamps.

(b)  where a water retaining structure exists, the maximum operating water level of the hydraulic structure for the upstream portion of the body of water;

(c)  where there is a legally erected retaining wall, the top of the structure;

If the high-water mark cannot be determined using the above criteria, it may be sited as follows:

(d)  where the information is available, the 2-year flood limit, considered to correspond to the mark established according to the botanical criteria defined in paragraph a.

O.C. 468-2005, s. 2.1.