More than 40 residents packed the Point Roberts Community Center on May 30 for a town hall on archaeological regulations hosted by the Point Roberts Community Advisory Committee.
Attending were Lummi Nation Tribal Historic Preservation Officer Lena Tso, Assistant State Archaeologist James Macrae of the Washington Department of Archaeology and Historic Preservation (DAHP), and Whatcom County Public Works archaeologist Whitney Osiensky.
The meeting was organized to help residents better understand archaeological regulations, cultural resources and development requirements in Point Roberts amid ongoing controversy surrounding recent utility construction projects and a pending federal lawsuit, filed by Lummi Nation, involving broadband construction and alleging disturbance of burial sites.
Much of the discussion focused on Maple Beach, which Macrae described as “the largest shell midden in Washington state.”
He explained that a shell midden is a human-created archaeological deposit made up of dark soil, shells, charcoal, bone fragments and artifacts accumulated over generations of people living in the same place.
“Anytime you have a midden, that’s a village, that’s a long-term village, like thousands of years of people living there,” he said.
Macrae described Maple Beach as one of the most significant archaeological areas in Washington, noting that archaeological materials and human remains have been discovered throughout the area.
“Literally, you put a shovel in the ground, you’re finding human remains. That’s unusual,” Macrae said.
Macrae said residents should not assume they can freely excavate in Maple Beach.
While mowing and limited surface clearing may be allowed, projects that disturb the soil — including foundations, trenches, grading, septic work and fence posts — may require archaeological review and permits. Residents were encouraged to contact county staff, DAHP or a qualified archaeologist before beginning excavation work.
Speakers also emphasized the legal consequences of disturbing archaeological resources.
Macrae told attendees that disturbing burial cairns or human remains is a felony under Washington law, while disturbing archaeological resources can constitute a gross misdemeanor. Officials advised anyone who encounters human remains, artifacts or other cultural materials to stop work immediately and contact authorities.
Macrae also cautioned: “You can do a huge amount of digging and have no impacts, or you can do a tiny amount and have horrific impacts.”
Questions from residents frequently focused on archaeological review requirements and costs.
Tso addressed a common misconception that tribes receive money from archaeological investigations, saying, “The Lummi Nation doesn’t receive any funds” from archaeological permits, reviews or investigations.
Officials explained that requirements vary depending on the location and nature of a project, but said archaeologists often work with property owners to reduce impacts while allowing projects to proceed.
In addition to Maple Beach, speakers identified other archaeologically sensitive areas in Point Roberts, including portions of the west side of the peninsula, Lily Point and numerous smaller sites throughout the community.
Tso noted that Indigenous use of Point Roberts was widespread and not limited to a handful of locations.
The meeting comes as a federal lawsuit filed by the Lummi Nation remains pending in U.S. District Court.
Filed in April, the lawsuit alleges that federally funded broadband projects undertaken by Whidbey Telecom disturbed ancestral burial grounds and archaeological resources in Point Roberts and failed to comply with required tribal consultation and historic preservation review processes.
The suit names Whidbey Telecom, Whatcom County and several federal agencies as defendants. The allegations have not been proven in court.
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