5.3. Specific eligibility criteria for plans relating to floodplains
In addition to the undertakings, structures and works permitted under Chapter 4 of this Policy concerning floodplains, certain undertakings, structures and works may be allowed under a management plan, either because they are specifically permitted or are eligible for an exemption (Subsections 4.2 and 4.3). The undertakings, structures and works that may be allowed are those incidental to
— the development of a high-velocity zone bounded by a low-velocity zone, if those areas are not considered to have environmental value;
— additional development in built-up urban areas (net density greater than 5.0 structures per hectare or 35 structures per linear kilometre, per street side) served by a waterworks or sewer system, or both, before 18 May 2005 or before the date on which the extent of the floodplain was identified, whichever date is more recent; a sector is considered built-up if 75% of the lots are occupied by a main structure; new structures must be limited to additions to an existing built-up site, the expansion areas being excluded.
Analysis of the acceptability of the management plan shall take into account the following criteria:
— the management plan must set out the definitive development conditions for all the floodplains in one or more municipalities;
— the safety of residents must be ensured in the event of an evacuation, for example, by flood-proofing thoroughfares without blocking the free flow of water; an annual inspection program must be developed and implemented in cases where the management plan includes protection works;
— the hydraulic impact of works and structures permitted under the management plan must be minor; the free flow of water and natural streamflow must be ensured;
— if the management plan cannot be implemented without the loss of plant and wildlife habitat or the loss of flood routing capacity (capacity to store a volume of water as a way of limiting the impact of flooding elsewhere in the territory), compensatory measures must be implemented in the territory of the municipality or elsewhere on the same watercourse; the management plan must therefore include an assessment of the ecological value of the site (prior inventory of plants and wildlife), an estimate of the volume of fill required and the projected area that the fill will cover, and an estimate of the anticipated loss of habitat;
— the management plan must take into account the Government’s orientations and policies; it must provide for access by the population to the watercourses and bodies of water through the maintenance of adequate existing access points or the creation of new access points if existing ones are insufficient;
— the management plan must include final subdivision of the areas concerned;
— the management plan must provide for the flood-proofing of undertakings and structures to be erected; the plan must also provide an assessment of the status of existing structures and undertakings with respect to flood-proofing and contain possible solutions to remedy difficulties encountered;
— the management plan must provide for the provision of waterworks and sewer services in sectors to be consolidated;
— the management plan must establish an implementation schedule;
— the management plan must take into account the titles of ownership of the State and in particular of water property in the domain of the State.