Buying a Waterfront Property

Archaeology

This is a follow up article to the one that was written for the last newsletter.  When buying a waterfront property, there are important steps to take to ensure you aren’t buying a previous owner’s problems.  There are 3 main things to check; an archaeological data search, a review of CSRD ortho photos over time, and an examination of the state of title certificate.  This article is focusing on the CSRD Official Community Plan Bylaws for the various electoral areas and the introduction of Development Permits (DP’s).  It’s important to note that areas C, E, and F have different DP requirements so referring to the correct documents is essential.

This article focuses on archaeological issues.In prehistory, the Shuswap corridor from Savona to Shuswap Lake was one of the most heavily populated areas in North America.  For example, there is a village site at the confluence of Monte Creek and the South Thompson Rover where archaeological investigations determined there was a peak population of 3200 people.  As an archaeologist once told me, it’s not whether you have archaeological materials on your property in the Shuswap, it’s how dense and how significant they are.

Proximity to water also raises the potential for archaeology on your lot.  In prehistory, 1st Nations lived close to the lake for the convenience of access to water.  There are large intact village sites in Lee Creek, Waverly Park, Fraser Bay, and at other locations around the lake. 

The first check should be the title search.  If your lot was created after around 2000, archaeological investigation started to become a standard practise.  In these cases, archaeological sites were surveyed and no disturbance covenants were registered.  The first place to look is on the certificate of title. 

For older lots it’s pretty hit and miss.  In the 1980’s the province sent out archaeologists to look for surface features that would indicate the presence of archaeological sites.  Where found these were protected by covenants.

The province has created a system called RAAD (remote access to archaeological data).  Access to this system is highly regulated and the only ones able to use it are 1st nations, professional archaeologists, and local government.  When you apply for any permit with the CSRD they will produce an archaeological review that has one of three boxes to check; no conflict, direct conflict with a recorded site, or conflict with an area of high potential.  In the Shuswap, unless there is a direct conflict, pretty much every property falls into the high potential category.

Fortunately there is a way to gain information directly from the province.  An archaeological data search https://www.archdatarequest.nrs.gov.bc.ca/ can be made directly with the province.  In 2-3 weeks you will receive an answer that typically includes ortho images of your lot and any recorded sites.

If you plan on directly impacting a recorded site, you will need to retain an archaeologist to apply for a permit to disturb the site.  Costs can easily run into the hundreds of thousand dollars and take several years to resolve.  If you can avoid a site do it!

If there is no recorded site the province will allow excavation and disturbance under the “chance find” protocol.  Essentially if you encounter archaeological materials stop work and self report to the province.  This is how the majority of building permits are handled.        

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