Preventive archaeology
Preventive archaeology consists in detecting and safeguarding archaeological heritage that is affected or likely to be affected and destroyed by public or private development. Indeed, archaeological remains are relatively well protected as long as they remain buried in the ground and for the vast majority of them, there is no information, whether by texts, ancient or recent iconography (maps, plans, aerial photographs, etc.). Thus, many remains covered by sediment for centuries, even millennia, remain unknown because forgotten. These elements of our memory are threatened by any type of construction work and it is therefore necessary to preserve them by safeguard measures, such as diagnosis and possibly excavation.
The law for preventive archaeology was created in 2001 and has been amended several times since. The enactment of this law was an important step in archaeological policy. The increase of public or private works, known in the last twenty years, has, in fact, deeply concerned soil and subsoil and gave rise to numerous operations of preventive excavations. It was then necessary to reconcile the constraints of a scientific research work and the imperatives of the development of the layout and construction.
The facilities concerned by preventive archaeology
These are constructions or works, the location of which is located on an area known for its «archaeological sensitivity»:
- concerted development areas (zac) and subdivisions of an area of more than 3 hectares;
- works subject to declaration or authorization under the Urban Planning Code;
- schemes and structures subject to impact assessment (roads, waste centres, quarries, etc.);
- works on buildings classified as historic monuments.
The Prefect of the Region - by delegation, the Regional Archaeological Service (SRA) within the DRAC - may issue a diagnostic prescription outside these areas if it has information indicating that a project is likely to affect elements of the archaeological heritage. But the prescription of diagnosis is not systematic.
The stages of preventive archaeology
The diagnosis aims, through studies, surveys or field work, to highlight and characterize the archaeological heritage elements that may be present on the site.
The search, carried out after diagnosis or directly without prior diagnosis if the information is sufficient, aims to collect the archaeological data present on the site.
- Diagnosis: prescription, preparation, intervention
It aims, through studies, surveys or field work, to highlight and characterize the archaeological heritage elements that may be present on the site and to present the results in a report.
Depending on the nature of the work, their location, their influence, but also the archaeological potential of the sector, the SRA can either authorize the realization of the work if they have a limited impact on the heritage, or prescribe the realization of a diagnosis.
This diagnosis will be carried out by the National Institute for Preventive Archaeological Research (Inrap, a public institution under the supervision of the Ministries of Culture and Research) or the territorial collectivity archaeological service, where it exists locally.
Nevertheless, if the work is planned on a proven site, it is possible either to directly prescribe the excavation, or to modify the consistency of the development project to make it compatible with the preservation of the remains.
The purpose of an archaeological diagnosis is to detect the possible presence of a site and to characterize the remains, both in quantitative and qualitative terms. Indeed, the vast majority of sites are not known before the diagnosis. Such an operation can therefore be prescribed according to a local archaeological potential, but especially general, on a site where no site is yet proven.
The diagnosis makes it possible to determine precisely the archaeological potential of a land intended for development. Using excavated trenches, archaeologists sample approximately 10% of the entire right-of-way involved in the work to quantify the remains present, assess the extent of the site and its state of conservation.
Depending on these elements and the impact of the project on the remains, the SFA can:
- authorize the work if the archaeological diagnosis has not revealed anything, or if it has sufficed for the general understanding of the remains present;
- request the carrying out of a preventive excavation, in order to allow a scientific study and the registration of the site before its destruction by the works. It can also change the consistency of the work or request its conservation in full.
Response time
Article R. 523-46. - I (Decree No. 2017-925 of 9 May 2017) stipulates that the regional prefect has a period of one month from the receipt of the file sent under Article R. 523-45 to issue the search authorization or to refuse it when the contractual elements mentioned in Article R. 523-44 do not allow the limitation of searches. The absence of a decision notified within the aforementioned period shall constitute authorization. The period is extended to three months if the developer has not submitted all the offers mentioned in article R. 523-43-1 or file an application for authorization of searches before receiving the reasoned opinion of the regional prefect or before the expiry of the period of one month mentioned in the last paragraph of article R. 523-43-1.
- Changing the consistency of the project
Given the archaeological sensitivity of a site, or a positive result of the diagnosis, the modification of the development project avoids, in whole or in part, the excavation. This change may concern the nature of the foundations, the methods of construction or demolition, the change of base or any other technical arrangement to reduce the impact of the project on the remains.
- The advance prescription request by a developer
In order not to waste time, before filing an application for the necessary authorizations and if his project is sufficiently advanced, a developer can interview the Prefect of region (DRAC - Regional Archaeological Service) to determine whether its project will result in archaeological prescriptions.
The latter then has a period of two months to reply and to ask him, if necessary, if he wishes to initiate an early request for limitation. In this case, the limitation period will be established without waiting for the filing of the application for authorization required for this file.
- The archaeological excavation
Deadlines for carrying out the search
The search shall be prescribed by the regional prefect within three months of receipt of the diagnostic report, or, without prior diagnosis, within one month of receipt of the developer’s file.
The specifications
Accompanying the prescription order, it defines the scientific objectives, the methodological principles, the studies to be carried out and specifies the qualifications of the scientific manager of operation.
The developer chooses an archaeological operator
It is responsible for the project management of the excavation and chooses an operator for its implementation, namely the National Research Institute for Preventive Archaeology (INRAP), an approved archaeological service of a territorial collectivity or an approved private organization.
The developer concludes an excavation contract with the archaeological operator
The contract defines the scientific project of intervention and the conditions of its implementation. It is transmitted by the developer to the prefect of region. The latter issues the excavation authorization, depending on the conformity of the intervention project with the scientific specifications. If no other operator meets the conditions to carry out the search, it is the responsibility of INRAP to carry out the search.
The progress of the search
The developer must return the land to the operator under conditions allowing the excavation to be carried out (security of the site, marking of the ground, fencing of the ground, indication of topographical and geographical points referenced and, if necessary, operations of de-pollution, demolition of buildings, felling of trees etc.).
The operator must conduct the excavation in accordance with the scientific specifications and specifications, within the deadlines and according to the costs fixed with the developer.
The excavation begins with the stripping of the upper levels until the appearance of the first remains, in order to obtain a spatial vision of the site and to guide scientific choices. The team then conducts the search and records, raises, photographs, collects all the information. In order to deepen certain questions, specialists from various backgrounds - anthropologists, geologists, pedologists, ceramologists, etc. - can be called upon to intervene from the field phase or only during the study phase.
The certificate of release of land
At the signing of the final report, the developer is released from any archaeological constraint by obtaining, from the Regional Archaeological Service, a clearance certificate.
The report of operations and scientific data
At the end of any operation, the scientific data of the operation, accompanied by an operation report, shall be submitted to the State."The scientific data of an archaeological operation consists of excavated archaeological remains and archaeological documentation of the operation."
Once the site is excavated, the work is not finished, since all the information collected is gathered and synthesized in a report, which will serve as a basis for the dissemination of data not only to archaeologists, but also to the general public (publications, presentations, exhibitions, etc.).
The mission of INRAP and its authorized operators is to preserve the national archaeological heritage by carrying out the preventive excavation operations prescribed by the Regional Archaeological Service. Their mission is also the scientific exploitation of their work and the dissemination of results.
Art. R. 546-6. - The State shall inform the owner of the land and, in the event of an accidental discovery, the inventor that the operation report is available on request from its department in charge of archaeology.
- Financing of preventive archaeology
Funding for preventive archaeology rests with developers. The method of financing differs depending on whether it is diagnosis or excavation.
A preventive archaeology fee (RAP) is payable by any public or private person planning to carry out work affecting the subsurface and who:
- are subject to prior authorisation or declaration under the Urban Planning Code;
- give rise to an impact study under the Environmental Code;
- constitute scouring work and are subject to a prior administrative declaration to the regional prefect.
Part of the proceeds of this fee finance the operators responsible for carrying out the diagnostics.
The financing of excavations is based on the payment of the price of the service, fixed by contract between the developer and the operator. In some cases, the developer can benefit from financial assistance from the National Fund for Preventive Archaeology (Fnap).
This fund, also funded by part of the proceeds of the preventive archaeology levy, allows, under certain conditions, to finance excavation operations depending on the nature and destination of the development projects.
The voluntary request for diagnosis
Carried out upstream of any procedure with the regional archaeological service and subject to an archaeological prescription, generates the recovery of the preventive archaeology fee from the date of receipt of the direct referral letter and the declared area of the project, regardless of the type of development envisaged (including those exempted in a conventional proceeding).
Partager la page