Authorization exemption

Water property in the domain of the State may, under certain conditions, be occupied free of charge without authorization from the Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks.

The persons covered by this authorization exemption are:

• The owner of riparian land adjacent to water property in the domain of the State;
• A lessee holding a lease granted by the Ministre des Ressources naturelles et des Forêts for land that forms part of the domain of the State and that is adjacent to water property in the domain of the State.

The following structures are excluded from the exemption:

• A platform or a boathouse;
• A mooring anchorage;
• A fishing shack.

Nevertheless, these structures must in all cases comply with the following conditions:

• The platform must be either floating with removable anchorage, or on piles, piers or wheels;
• The boathouse must be on piles and must not be used as a dwelling;
• The area of the platform or boathouse must not exceed 30 m²;
• The platform or boathouse must not occupy more than one tenth of the width of the watercourse.

The maximum limit for exempt structures is one structure of each type per lot. If the owner has two or more structures of the same type, an occupation licence must be applied for the second structure, even if the total area does not exceed 30 m².

All culverts used for road traffic are exempt from the requirement to obtain a right.

Furthermore, if more than one structure is installed and the combined area exceeds 30 m², you must apply for the granting of rights.

Prolonged occupation of water property in the domain of the State does not exempt you from obtaining an occupation licence. The notion of “acquired rights” does not apply to the occupation of land that forms part of the domain of the State. State property, including water property, cannot be acquired through occupation, prescription or accession.

As a result, any construction on water property in the domain of the State, regardless of the year in which it was carried out, requires the granting of a right by the Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs.