Information Bulletin Number 15 - June 14, 2005
Permits and Archaeological Site Boundaries
The need for consistent advice on permit requirements when working within
the boundaries of an archaeological site protected under section 13(2)(d)
of the
Heritage Conservation Act (HCA) was raised at a workshop
held in March 2005 between Archaeology Branch staff and the archaeological
consulting community.
Section 13(2) of the HCA states in part that: “Except
as authorized by a permit issued under section 12 or 14, or an order
issued under section 14, a person must not…(d) damage, excavate,
dig in or alter, or remove any heritage object from, a site
(emphasis added) that contains artifacts, features, materials or other
physical evidence of human habitation or use before 1846…”
Alter is defined in the HCA as “…to change in any
manner…”
An archaeological site consists of the physical remains of past human
activity for which the scientific study of these remains, through the
methods and techniques employed in the discipline of archaeology, is
essential to the understanding of the pre- and post-contact periods
in British Columbia. Archaeological sites occupy a space on and within
the ground, and are normally delineated by a site boundary.
If work is to be conducted within the boundary of a protected archaeological
site, and if the ground or protected above ground features such as CMTs
are to be altered, then a permit is required. Should it be possible
to work within a site boundary without disturbing the ground or protected
above ground features, then a permit is not required. Examples of the
latter case include:
- conducting forestry operations in sufficient snow cover and frozen
ground conditions within the boundaries of an archaeological site containing
buried deposits and no surface features, and
- harvesting either non-culturally modified trees or culturally modified
trees post-dating 1846 with a feller buncher stationed outside a site
boundary or with a helicopter.
However, in both cases soils must be stable and protected CMTs must
be wind firm.
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