Alabama Metal detecting laws, rules, and regulations.

Boomer-1

Jr. Member
Jun 27, 2009
42
18
Gadsden, Al
Detector(s) used
White's M6
Primary Interest:
Relic Hunting
If it is a historical park in any sense of the word then consider it off limits.


Code of Alabama Title 41 - State Government Chapter 3 - Aboriginal Mounds, Earthworks and other Antiquities Section 41-3-1

Reservation of exclusive right and privilege of state to explore, excavate or survey aboriginal mounds, earthworks, burial sites, etc.; state ownership of objects found or located therein declared.

The State of Alabama reserves to itself the exclusive right and privilege of exploring, excavating or surveying, through its authorized officers, agents or employees, all aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites within the State of Alabama, subject to the rights of the owner of the land upon which such antiquities are situated, for agricultural, domestic or industrial purposes, and the ownership of the state is hereby expressly declared in any and all objects whatsoever which may be found or located therein.

Section 41-3-2 Nonresidents not to explore or excavate remains or carry away, etc., from state objects discovered therein, etc. No person not a resident of the State of Alabama, either by himself personally or through any agent or employee or anyone else acting for such person, shall explore or excavate any of the remains described in Section 41-3-1 or carry or send away from the state any objects which may be discovered therein or which may be taken therefrom or found in the vicinity thereof.

Section 41-3-3 Explorations or excavations of remains not to be done without consent of owner of land and not to injure crops, houses, etc., thereon.

No explorations or excavations shall be made in any of such remains without the consent of the owner of the land first had and obtained and unless such work is done in such way as not to injure any crops, houses or improvements on the land adjacent to or forming a part of such remains.

Section 41-3-4 Explorations or excavations not to destroy, deface, etc., remains; restoration of remains after explorations or excavations.

No explorations or excavations shall be made which will destroy, deface or permanently injure such remains; and, after any such explorations or excavations, they shall be restored to the same or like condition as before such explorations or excavations were made.

Section 41-3-5 Disposition of objects taken from remains. No objects taken from such remains shall be sold or disposed of out of the state, but when removed therefrom the objects so gathered shall be retained in state custody and either placed in the collection of the Department of Archives and History or in the museums or in the libraries of the educational or other institutions of the state or they may be exchanged for similar or other objects from other states, museums, libraries or individuals.

Section 41-3-6 Exploration or excavation of aboriginal mounds, earthworks, etc., contrary to law. Any person who shall explore or excavate any of the aboriginal mounds, earthworks or other antiquities of this state contrary to the laws of this state shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000.00 for each offense.

Translation - Don't dig up indian mounds or go grave robbing.

Alabama state parks...

(4) It shall be unlawful for any person to use any metal detection device in any State Park for the purpose of finding and removing, from said park, any items that are not his/her personal possessions without permission from the Park Manager.

Many state parks do allow metal detecting on the swimming beach, but ask first. Some parks like De Soto, are not friendly to our kind.
 

DurkaDigger

Jr. Member
Apr 15, 2013
93
59
AL
Detector(s) used
Minelab CTX3030 & XP Deus with a Whites TRX and Garrett Pro Pointer
Primary Interest:
All Treasure Hunting
If it is a historical park in any sense of the word then consider it off limits.

Alabama state parks...

(4) It shall be unlawful for any person to use any metal detection device in any State Park for the purpose of finding and removing, from said park, any items that are not his/her personal possessions without permission from the Park Manager.

Many state parks do allow metal detecting on the swimming beach, but ask first. Some parks like De Soto, are not friendly to our kind.

I didn't see this part in title 41. Is it in another title? I am very familiar with title 13a and have seen it there. I know this is an old post but I am interested.

Update: I found it... It's in their promulgated rules and regs.

8. ProhibitedDevices(220-5-.08)
(1) It shall be unlawful for any person other than a duly authorized law enforcement
officer to possess or carry into any State Park any form of firearm without written permission of the manager or custodian in charge of the State Park visited; provided, however, nothing in this regulation prohibits the possession of handguns by lawfully licensed persons for personal protection, provided the handguns are not used for any unlawful purpose. No person shall possess, discharge or set off on or within a State park any firecrackers, torpedoes, rockets, cap pistols, or other fireworks.
(2) No person shall operate or use any audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times so as to disturb other persons.
(3) No person shall operate or use any public address system whether fixed, portable, or vehicle mounted except when such use or operation has been approved by the Park Manager.
(4) It shall be unlawful for any person to use any metal detection device in any State Park without permission from the Park manager.




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