Heritage Designation: Sample Bylaw Contents

Following is sample information that a local government can use to create a designation bylaw.

• Title
• Interpretation: referring to meanings of terms such as heritage value, heritage character, and alter.
• Designation: providing specific location information for the property to be designated. This may also include:
  • Specific interior or exterior features and fixtures; or features of the cultural landscape;
  • References from the Statement of Significance and/or conservation report, which can be appended to the bylaw.
• Prohibition: describing limitations of “actions to be undertaken in the relation of the Property”. This can include limitations such as:
  • To alter the exterior façade of a building or structure;
  • To alter the roof structure or roofing
  • To make a structural change to a building or structure;
  • To move a building or structure;
  • To alter, excavate or build on land anywhere on the property;
• Exemptions: describing actions that may be undertaken without a heritage alteration permit. This may include exemptions, such as:
  • Non-structural renovations or alteration to the interior of a building or structure that do not alter the exterior appearance of the building or structure;
  • Non-structural renovations or alterations to the interior of a building or structure that do not affect any identified feature.
  • Normal repairs and maintenance that do not alter the exterior appearance of a building or structure.
• Maintenance: describing the standards to which the property is to be maintained. This may include references such as:
  • Protected heritage properties shall be maintained in good repair. Original exterior features shall be retained, as long as the feature is capable of performing its structural or weather protection function. When replacement is necessary, new materials including roofing, cladding and trim elements shall replicate the original in terms of design, colour and texture.
  • Protected heritage properties shall be maintained so as to reasonably prevent, or effectively retard, damage from the elements. This includes, but is not limited to, preventing water penetration and excessive damage to materials from the wind, sun and insect infestations.
  • Protected heritage properties shall be painted as necessary to protect exterior finish materials. Changes to the exterior finish of buildings or structures, including colour changes, require a Heritage Alteration Permit. New exterior colours and colour placements shall be in keeping with the period and style of the building. In considering the issuance of a permit, the District may consider the appropriateness of the colours to the general period and style of the building.
• Heritage Alteration Permits: outlining a process and authorities for actions that are not included under exemptions.
• Schedules
  • Statement of Significance, conservation plan, etc.
  • Photographs
  • Maps, surveys
  • Information from the Standards and Guidelines

(source: bylaws prepared by District of West Kelowna, District of West Vancouver, City of New Westminster)

The preceding is offered as information only. Legal advice should be sought as needed.

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This guide provides an overview of Heritage Designation through research and commentary. Application of this heritage conservation tool is not prescriptive, as it can be adapted to each situation. Local governments and regional districts wanting to implement the heritage conservation tools should seek legal counsel as required.

SPECIAL NOTE: It is intended this guide will develop through community input. If you have best practices and case studies that would benefit this guide, please contact Heritage BC.