Heritage Designation: The Process

The property owner is encouraged to meet with local government staff (the planner or heritage planner) to discuss the heritage significance of the property, the designation process, and any expectations for legally protecting the property. Staff will be able to advise if a heritage designation bylaw is an appropriate action for the property. A site visit will usually be arranged at this time.

The property owner submits the application form requesting legal heritage protection. Other applications may be required, depending on circumstances; this may include a rezoning application.

Staff reviews the application and prepares a report to Council, presenting a Heritage Designation Bylaw along with the property owner’s request. This report may address (see section 612(5) of the LGA):

• The heritage value or character of the property, as described in a Statement of Significance;
• The compatibility of conservation with the official community plan and other community planning objectives, and lawful uses of the property and adjoining lands;
• The condition and economic viability of the property, and the possible need for financial or other support to enable appropriate conservation.

The report must be available to the public at least 10 days before the required public meeting. See section 612(4).

This ensures the owner(s) and the public have reasonable opportunity for input prior to City Council considering the adoption of a Heritage Designation Bylaw.

Following the public hearing, Council considers 2nd and 3rd readings of the bylaw.

Following successful adoption:

• The property owner(s) sign an agreement confirming the designation is occurring with their support and confirming their understanding of the designation conditions.
• A notation is placed on the title of the property alerting prospective purchasers to the heritage designation.
• The bylaw is registered with the Heritage Branch and Land Titles.

(source)

The City of Maple Ridge has adopted the following requirements for the heritage designation process (source):

• The registered owner of real property within the District or his or her agent authorized in writing may apply for heritage designation protection pursuant to Section 967 of the Local Government Act.
• Every application for heritage designation protection, unless initiated by the District, shall be submitted in writing to the Director of Planning and shall be accompanied by the following:

1. 1. a description of the current use of the property;
   2. colour photographs of each elevation of the property;
   3. a Statement of Significance;
   4. a site plan of the property;
   5. elevation drawings showing the architectural features, characteristics and colours of
   6. the exterior of the building; and
   7. details of affixed interior building features proposed to be subject to protection.

• The Director of Planning must forward the application to Council.
• Pursuant to Section 968 of the Local Government Act, before a heritage designation bylaw is adopted, the District must hold a public hearing on the proposed bylaw for the purpose of allowing affected parties and the general public to make representations respecting matters contained in the proposed bylaw.

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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.