Wondering.......... Metal Detecting On Public Lands

Steve you would need to gain permission for public areas such as parks. Most can be detected. There are a few that no longer allow detecting due to people not retrieving finds properly. If you take a look at some of the major detector makers webpages such as White's, and Garrett they should have some info to show you how to properly dig. I see your from Florida, so if your close to the beach that is usually good also. I would suggest if you try the beach that you stay in the dry sand with an older detector. Salt water can give false signals on many detectors. Some beaches only allow detecting in certian parts of the beach due to protecting sand dunes, and some people have salvage rights near shipwrecks so you have to stay away from the water at some beaches in Florida. Some old Spanish coins have been found along the beaches of Florida, but they are usually found after bad storms and hurricanes. Most finds in parks and beaches now are newer clad coins and sometimes jewelry, and alot of trash. I am not saying this to discourage you but some of the adds for metal detectors now make people think they will go right out and find good stuff. There are a few good magazines out there to read, and there are also many websites and forums that can give you some help. Good luck, BenVA

As a former US National Park Service biologist with law enforcement authority and plenty of experiences with persons attempting to use metal detectors, I can assure everyone that possession and use of metal detectors in National Park units is specifically prohibited by 36CFR2.1(7).

That said, there MAY be some exceptions in certain National Seashores and National Recreation Areas. Before taking a metal detector out of a vehicle's trunk, check with the nearest Ranger station or park Headquarters. Merely carrying a metal detector in a National Park is grounds for a citation. Last I knew, fines were starting at $250.

Again, speaking from experience, just because a sign prohibiting a particular activity isn't posted in a specific location does not mean that an activity is legal nor is it grounds to dispute a citation. It is the individual's responsibility to ensure his/her activity is legal before commencing such activity be it pothunting, rock collection, plant excavation, hunting, drinking, building a fire, target shooting, camping, or metal detecting.

As a further note, many/most states have adopted the general provisions of the Antiquities Act of 1906 (as amended since then) and added provisions of their own applicable to natural and cultural resources within their states. Before you start metal detecting on public land, you better do your homework to determine who administers that land and if it's legal to use a metal detector. A little background information will save a lot of time and money in court.

I checked with several state parks and state recreation areas here in Indiana and they require you to obtain a permit to use your detector on these lands. Last I checked the permit was free and was available at the park offices.

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Michigan must also allow it because I have seen many people using them on public beaches especially in the sring after ice-out and after storms.

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Be careful making this presumption. It's sorta like the long line of cars pulled over on the shoulder, each waiting for the traffic cop to work his way down the line writing speeding tickets. They all saw the others speeding, so they figured it was OK. I used to write multiple citations (mostly for illegal hunting and off-road vehicles in a Natl Park) at one time. Most violators in such situations stated, "I saw the others doing it, so figured it was OK". I disabused them of this notion.

Snowman: beaches, back shores, shorelines, "navigable waters", riparian systems, intertidal zones, and offshore resources (to name just a few subsets) have gotta be the most complex, misunderstood, and misinterpreted sets of regulations ever written or not written. That's why I heavily qualified National Seashores (and any other Natl Park unit bordering on water): even the Federal government contradicts itself along with conflicting State and local jurisdictions. I have only surficial experience with such regulations, would prefer not to get into a long discussion since there's categorical exceptions, exemptions, and legal precedents which are diametrically opposed to each other.

I also failed to mention the Archeological and Historic Preservation Act of 1974 which many/most/all states have also adopted and adapted for their jurisdictions. After I left the National Park Service and went into private land use and environmental consulting, the very first thing I did when I undertook a new project was to obtain a map of known archeological and historic sites along shorelines (or uplands for that matter). These sites were inviolate and there was no way I would or could recommend to any land user anything except strict preservation of such a site. I kept a professional archeologist on retainer to look over a proposal's site for potential unmapped or unknown cultural resources just to avoid any conflicts and to assess the qualities of such known resources. Then, once the sites were identified, worked with the developer and state office of archeology/historic preservation (or whatever) to preserve such sites.

The rule was: When in doubt, don't.