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.” |
