Water case law in Québec 8: Demolition of a new encroachement in the St Lawrence River riparian zone

(BY HUGO)

In Farazli v. Neuville (Ville de) (in French), the Court of Appeal dismisses the appeal of a Superior Court order to demolish works altering the St Lawrence River riparian zone.

The appellant built a large patio, a septic tank and a boat slip on her property in the St Lawrence River riparian zone in violation of the applicable provincial and municipal regulations and while only works for the stabilisation of the river bank against erosion were authorised.

The Superior Court ordered the destruction of the works and the restoration of the site in its initial condition under section 227 of the Act respecting Land Use Planning and Development. The Court of Appeal upholds the Superior Court decision.