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These acts indirectly make metal detecting illegal in any of these places. If caught metal detecting or have a detector in your possession while on any of these protected places it can be a felony with tough penalties. A typical statement on a National Monument websites is: Metal detectors are strictly prohibited on park grounds.
Relic hunting by the use of metal detectors or other means is prohibited and violators will be prosecuted. Within 36 CFR, park superintendents are granted the right to make park-specific regulations.
Section 1c defines the National Park System as" Once a site is added to the National Register three acts above , acts can be applied to protect the properties.
The act also provides for the setup of historical sites at the state level.
Once historical sites are placed on the national or state historical register; them the sites are no longer available for metal detecting of any kind.
The act covers just about everything that has anything to do with, native American remains, burial sites, and associated culture items.
The Forest Service does permits the use of recreational metal detecting and the collection of rocks and mineral samples. Generally, most of the National Forests are open to recreational mineral and rock collecting, gold panning and metal detecting.
This activity usually does not require any authorization. It is always wise to check with the local district ranger to ensure that the land you are going to detect does not contain archaeological or historical resource.
Most areas of BLM lands are open for use of metal detecting with the exception of historical sites. You should contact the local BLM district office for information to find out the areas that are off limits. Metal detecting is prohibited. The use of metal detectors is permitted on designated beaches or other previously disturbed lands unless prohibited by the district commander to protect archaeological, historical and paleontological resources.
Each state has laws that are modeled after the national acts making state lands regulated similarly to national lands. Generally, all state historical sites, state Native American burial grounds, and other state archaeological sites are off limits to metal detecting.
However, most states have regulations that determine the legality of metal detecting in their state park system.
These regulations usually either allow or disallow metal detects or provide specific information as to where metal detecting can take place. Check this web-link for specific state regulations.
Some states require permits, while eight or more states simply make it unlawful to detect state parks and some states allow only specific areas like beaches or disturbed lands.
If there are no metal detecting regulations in a state the state usually defaults to their archaeology laws that forbid diggings for targets or the state may use regulations dealing with the disturbance of vegetation or the removal of rocks, etc.
In the latter case you may detect but not recover or remove any targets. Generally salt water state beaches are ok to metal detect. There may be restrictions, such as, you can detect only from the low tide mark to the high tide mark. Never metal detect in sand dunes that are roped off, have vegetation growing on them, or any beach park grassy area.
State fresh water beaches are sometimes locally ranger controlled. Even if the state has tough regulations against metal detecting it may still be ok in some instants to detect certain state fresh water beaches.
Of all the public entities, counties may have the least restrictions placed on their county parks system when it comes to metal detecting.
Usually fresh water beaches are open to metal detecting although in some county park systems it may be forbidden to metal detect in the water.
Other county public lands may have similar restrictions on archaeology, historical and Native American burial sites. Some counties require a permit to metal detect in county parks, others do not. Many cities have municipal ordinances that cover park usage.
Frequently there are short statements in an ordinance that may made it unlawful to metal detect, or a permit may be required, or metal detecting is allowed but no digging. In many cities there may be no metal detecting ordinance but other aspects of the park ordinance and regulation may indirectly make detecting unlawful.
Citiy properties usually fall under the states archaeology, historical and Native American burial laws. School districts are starting to make school properties off-limits after school hours except by special use permission.
In many cases school properties are secured by putting up chain link fences and posted with no trespassing signs. In some cases school districts are establishing property rules and often metal detecting is on the do not list.
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