Information Bulletin Number 21 - November 8, 2007
Restrictive Covenant Process for Consulting Archaeologists
The Ministry of Transportation (MoT)
uses the Remote Access to Archaeological Data (RAAD) website to identify
protected archaeological sites that may lie within a proposed
subdivision. If a site is identified, MoT may require the site area to
be placed under a restrictive covenant as a condition of subdivision
approval.
These restrictive covenants are
agreements between the land owner and the Province that define
activities that may or may not be allowed in a specific portion of the
subject property. The covenants are drawn up by the subdivision
proponent and reviewed by the Province.
The Archaeology Branch, in
co-operation with MoT, has written guidelines to develop covenants for
the protection of archaeological sites. Central to these guidelines is
the requirement to engage a qualified archaeologist to ensure that the
boundaries of the restrictive covenant area and list of controlled
activities allow the archaeological site to be effectively and
efficiently protected. The following points outline the process for the
archaeologist:
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In cases where
there is an existing description of the archaeological site
boundary (e.g., the site is recorded and mapped in RAAD), the
accuracy and currency of the site boundary information must be
confirmed by the archaeologist before the boundary is surveyed
by a British Columbia Land Surveyor. For inaccurate records, it
may be necessary to determine the boundaries in the field. If
such work requires subsurface testing or any other method that
may potentially alter a protected site, the work must be carried
out under a Heritage Conservation Act permit. The permit
application should state that the work is at the inventory level
to determine site boundaries so that the site may be protected
under a restrictive covenant, consistent with the Archaeology
Branch Memorandum
“Development
of Restrictive Covenants for the Protection of Archaeological
Sites.”
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The
archaeologist may also determine the need for a buffer around
the site for adequate protection.
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The
archaeologist should confer with the British Columbia Land
Surveyor to ensure the site boundaries are appropriately marked
in the field for the surveyor.
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The
archaeologist must submit a letter to the land owner which
confirms site boundary accuracy and currency and may include
other comments pertinent to site protection, such as the
recommendation for restricted activities beyond those listed
below (which will already be included in the restrictive
covenant). The listed restricted activities will be adequate in
most situations to protect the site. Occasionally, however,
additional terms may be required (e.g., a site with preserved
organic remains will have to be protected from drying out).
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The Archaeology
Branch, upon receipt of the letter as part of the draft
restrictive covenant, will review any recommended restrictions
and conditions to determine if they will achieve the goal of
site protection. |
Controlled activities included in restrictive covenants are:
(a) depositing on
the land, or any part of it, any earth, fill or other material for the
purpose of filling in or raising the level of the land;
(b) removing,
destroying, damaging or disturbing any Heritage Conservation Act
protected archaeological object;
(c)
removing or displacing any soil (or beach material) from the
land;
(d) constructing,
erecting or placing any building, modular home, mobile home or unit,
improvement or structure on the land.
A
copy of the MoT guidelines for establishing a restrictive covenant may
be found here:
“Development
of Restrictive Covenants for the Protection of Archaeological Sites.” |
