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

Full text
4.2.2. Structures, undertakings and works eligible for an exemption
Certain structures, undertakings and works may also be permitted if they are consistent with other protection measures applicable to lakeshores, riverbanks and littoral zones, and if they have been exempted pursuant to the provisions of the Act respecting land use planning and development (chapter A-19.1). Annex 2 to this Policy lists the criteria that a metropolitan community, a regional county municipality or a city exercising the powers of a regional county municipality should use to determine the eligibility of an application for an exemption. The following structures, undertakings and works are eligible for an exemption:
(a)  any project to widen, raise, create an entrance or exit, bypass or to realign along their present axis existing thoroughfares including railroads;
(b)  thoroughfares crossing bodies of water and their access roads;
(c)  any project to construct new aboveground public utilities such as pipelines, power lines, telephone lines, and infrastructures connected with water mains and sewers, with the exception of new thoroughfares;
(d)  the installation of a groundwater withdrawal facility in accordance with the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1), the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) and the Water Withdrawal and Protection Regulation (chapter Q-2, r. 35.2);
(e)  the installation of a surface water withdrawal facility below ground level in accordance with the Regulation respecting activities in wetlands, bodies of water and sensitive areas and the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact;
(f)  waste water treatment plants;
(g)  flood protection works undertaken by governments or government departments or bodies, or by municipalities, to protect areas already built-up, and special flood prevention undertakings designed to protect existing structures and undertakings used for public, municipal, industrial, commercial, agricultural or public access purposes;
(h)  flood prevention works designed to protect zones bounded by land having an elevation higher than the 100-year flood elevation and that are flooded only by the backing up of water mains;
(i)  any undertaking:
— to expand an agricultural, industrial, commercial or public facility;
— to enlarge a structure and its dependencies without changing the zoning typology;
(j)  commercial fishing and aquaculture facilities;
(k)  development of land for recreational purposes or for agricultural or forest management activities that requires filling or the removal of fill, involving undertakings such as roads, footpaths and bicycle paths; flood protection undertakings and golf courses are not eligible for an exemption;
(l)  development of wildlife habitats that requires filling, and for which an authorization need not be obtained under the Environment Quality Act (chapter Q-2); and
(m)  dams used for municipal, industrial, commercial or public purposes, for which an authorization must be obtained under the Environment Quality Act or, as applicable, are eligible for a declaration of compliance or are exempted under the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact.
O.C. 468-2005, s. 4.2.2; O.C. 709-2008; O.C. 702-2014; 869-2020O.C. 869-2020, s. 5.
4.2.2. Structures, undertakings and works eligible for an exemption
Certain structures, undertakings and works may also be permitted if they are consistent with other protection measures applicable to lakeshores, riverbanks and littoral zones, and if they have been exempted pursuant to the provisions of the Act respecting land use planning and development (chapter A-19.1). Annex 2 to this Policy lists the criteria that a metropolitan community, a regional county municipality or a city exercising the powers of a regional county municipality should use to determine the eligibility of an application for an exemption. The following structures, undertakings and works are eligible for an exemption:
(a)  any project to widen, raise, create an entrance or exit, bypass or to realign along their present axis existing thoroughfares including railroads;
(b)  thoroughfares crossing bodies of water and their access roads;
(c)  any project to construct new aboveground public utilities such as pipelines, power lines, telephone lines, and infrastructures connected with water mains and sewers, with the exception of new thoroughfares;
(d)  the installation of a groundwater withdrawal facility in accordance with the Water Withdrawal and Protection Regulation (chapter Q-2, r. 35.2);
(e)  the installation of a surface water withdrawal facility below ground level in accordance with the Water Withdrawal and Protection Regulation;
(f)  waste water treatment plants;
(g)  flood protection works undertaken by governments or government departments or bodies, or by municipalities, to protect areas already built-up, and special flood prevention undertakings designed to protect existing structures and undertakings used for public, municipal, industrial, commercial, agricultural or public access purposes;
(h)  flood prevention works designed to protect zones bounded by land having an elevation higher than the 100-year flood elevation and that are flooded only by the backing up of water mains;
(i)  any undertaking:
— to expand an agricultural, industrial, commercial or public facility;
— to enlarge a structure and its dependencies without changing the zoning typology;
(j)  commercial fishing and aquaculture facilities;
(k)  development of land for recreational purposes or for agricultural or forest management activities that requires filling or the removal of fill, involving undertakings such as roads, footpaths and bicycle paths; flood protection undertakings and golf courses are not eligible for an exemption;
(l)  development of wildlife habitats that requires filling, and for which an authorization need not be obtained under the Environment Quality Act (chapter Q-2); and
(m)  dams used for municipal, industrial, commercial or public purposes, for which an authorization must be obtained under the Environment Quality Act.
O.C. 468-2005, s. 4.2.2; O.C. 709-2008; O.C. 702-2014.
4.2.2. Structures, undertakings and works eligible for an exemption
Certain structures, undertakings and works may also be permitted if they are consistent with other protection measures applicable to lakeshores, riverbanks and littoral zones, and if they have been exempted pursuant to the provisions of the Act respecting land use planning and development (chapter A-19.1). Annex 2 to this Policy lists the criteria that a metropolitan community, a regional county municipality or a city exercising the powers of a regional county municipality should use to determine the eligibility of an application for an exemption. The following structures, undertakings and works are eligible for an exemption:
(a)  any project to widen, raise, create an entrance or exit, bypass or to realign along their present axis existing thoroughfares including railroads;
(b)  thoroughfares crossing bodies of water and their access roads;
(c)  any project to construct new aboveground public utilities such as pipelines, power lines, telephone lines, and infrastructures connected with water mains and sewers, with the exception of new thoroughfares;
(d)  municipal wells used for the catchment of groundwater;
(e)  undertakings located aboveground and used for the catchment of surface water;
(f)  waste water treatment plants;
(g)  flood protection works undertaken by governments or government departments or bodies, or by municipalities, to protect areas already built-up, and special flood prevention undertakings designed to protect existing structures and undertakings used for public, municipal, industrial, commercial, agricultural or public access purposes;
(h)  flood prevention works designed to protect zones bounded by land having an elevation higher than the 100-year flood elevation and that are flooded only by the backing up of water mains;
(i)  any undertaking:
— to expand an agricultural, industrial, commercial or public facility;
— to enlarge a structure and its dependencies without changing the zoning typology;
(j)  commercial fishing and aquaculture facilities;
(k)  development of land for recreational purposes or for agricultural or forest management activities that requires filling or the removal of fill, involving undertakings such as roads, footpaths and bicycle paths; flood protection undertakings and golf courses are not eligible for an exemption;
(l)  development of wildlife habitats that requires filling, and for which an authorization need not be obtained under the Environment Quality Act (chapter Q-2); and
(m)  dams used for municipal, industrial, commercial or public purposes, for which an authorization must be obtained under the Environment Quality Act.
O.C. 468-2005, s. 4.2.2; O.C. 709-2008.