Detecting Cape Henlopen Delaware

mattyshore

Jr. Member
Jul 16, 2013
28
4
Westbury, NY
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Fisher F2
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Hi everyone,

I am heading down to Cape Henlopen tomorrow. I have studied the rules of Delaware when it comes to metal detecting and I carry a copy with me when ever I am out alone with emailed and written premissions when I hunt. My question is, That I have heard and read that they wont allow you to metal detect the beach at this area until after the lifeguards are done for the day which is 5pm. Yet NO WHERE in the rules by the Delaware State parks and what was sent to me state that at all. I have written to ALL the beach communities in Delaware and not a single one ever mentioned that to me. I was told specifically that I was allowed to detect during open hours of the beach and east of the dune line. Does anyone think its really going to be a problem on a Wednesday morning? I have been in Delaware two years now and detecting for about 6 months and I find Delaware to be somewhat difficult to deal with. In New York where I am from, they prety much love metal detectors and have soooo many places to detect for free. Any help would be greatly appreciated, Thanks
 

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Tom_in_CA

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Mar 23, 2007
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.... I have heard and read that they wont allow you to metal detect the beach at this area until after the lifeguards are done for the day which is 5pm. Yet NO WHERE in the rules by the Delaware State parks and what was sent to me state that at all. ....


Re.: your quote above: that only begs the question then: Where did you "read and hear" this? What was THOSE PERSON'S source of information, if ... as you say .... it's not truly in any printed rules?

If you ask me, if the printed actual rules didn't say such a thing, then, that seems to be your answer. Because a lot of what you read and hear other hobbyists say ("you can't hunt there" or "that place is off-limits" or "only after 5pm", etc...) has its roots in the silliest of origins. Someone asks a lone isolated lifeguard who says "no", or "only after 5pm" or "yes but you can't dig" and so forth. So the sincere md'rs "puts that out in the pipeline" for others to read. Then sure enough, others do a key-word search on a md'ing forum, and reads a supposed "rule", as if it's gospel clad law. And then a bunch of md'rs scurry to "seek clarification" from desk-bound bureaucrats (afterall, you "can't be too safe", right?). Thus causing the bureaucrats to institute and dream up rules (or "no's") to address this "pressing issue" that keep crossing their desks.

And one day, all the old-timers who never had a problem, are left scratching their heads saying "since when?". See how that works?

So if it were me, and I found no actual rule saying such a thing (that i looked up myself, not asked ill-informed clerks "can I?"), I would just go. I mean, sheesk, how much MORE law abiding can a person be, to have looked it up and found no prohibitions?
 

MBbeachrat

Sr. Member
Apr 1, 2011
361
79
Melbourne Beach and Bethany Beach-- Snow Bird
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That is just up the road from me. Never heard you could not hunt during guarded hours. I hunted during the day no problems. It is very sanded in now and probably a bad place to hunt. Go where there are more tourist. Everything up there is 5' under now from Sandy.
 

Tom_in_CA

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Mar 23, 2007
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....... Never heard you could not hunt during guarded hours. I hunted during the day no problems.........

Well, some people might interpret that this means it's no problem. Afterall, *certainly* someone would have said something to you by now, right? But on the contrary, you need to go back and ask enough people "can I?". Don't stop working your way up the ladder of bureaucracy higher and higher, and then sure enough, you'll find someone to restrict you, or tell you you must turn in everything, or can't go before 5pm, or can't dig holes, or something to address your question. Now hurry, go do the right thing :)
 

MBbeachrat

Sr. Member
Apr 1, 2011
361
79
Melbourne Beach and Bethany Beach-- Snow Bird
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Well, some people might interpret that this means it's no problem. Afterall, *certainly* someone would have said something to you by now, right? But on the contrary, you need to go back and ask enough people "can I?". Don't stop working your way up the ladder of bureaucracy higher and higher, and then sure enough, you'll find someone to restrict you, or tell you you must turn in everything, or can't go before 5pm, or can't dig holes, or something to address your question. Now hurry, go do the right thing :)

Tom that is really really funny!
 

LifeNRA

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Apr 21, 2013
220
81
Pennsylvania
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PS A lot of old WW II ammunition around. I have found 2 live mortar shells which I turned over to a DNR guy on a ATV. Good luck.

My buddy lives in Dagsboro, a few years ago we found some kind of shell about 2 foot long. Not sure if it was detonated, didn't touch the damn thing other than throwing a lasso with a buoy around it! We called the Coast Guard, they came out and picked it up.

How is Fenwick Island area?
 

MBbeachrat

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Apr 1, 2011
361
79
Melbourne Beach and Bethany Beach-- Snow Bird
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Haven't been to Fenwick yet but north and south of Fenwick really sanded in. Have to really hunt to find good spots. Hit one good spot today. Can't believe they are going to pump sand. Since Sandy it must have filled in 8' for 60 yards.
 

LifeNRA

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Are they starting the beach replenishment now??? Its been a few years since they done this in the Fenwick area. We come down after labor day usually around OC bike week and Sunfest. We are anywhere from Lewis to OC for 11 days. Since getting the MD I really want to hit the beaches even if it only in the dry.
 

MBbeachrat

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Apr 1, 2011
361
79
Melbourne Beach and Bethany Beach-- Snow Bird
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Are they starting the beach replenishment now??? Its been a few years since they done this in the Fenwick area. We come down after labor day usually around OC bike week and Sunfest. We are anywhere from Lewis to OC for 11 days. Since getting the MD I really want to hit the beaches even if it only in the dry.

just hunted Fenwick tonight lots of soft sand. My worst day yet. Yes they are starting to pump sand at Fenwick now. They will go all the way to Rehobeth.
 

LifeNRA

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Roughly how long will the replenishment take? Months? We stay in Fenwick Island.

Back to the OP's question. So there are no restrictions on the beaches in Delaware? Is there anything on deldot.gov?
 

MBbeachrat

Sr. Member
Apr 1, 2011
361
79
Melbourne Beach and Bethany Beach-- Snow Bird
Detector(s) used
CZ 21, Whites DF PI, Excalibur II, CTX 3030
Roughly how long will the replenishment take? Months? We stay in Fenwick Island.

Back to the OP's question. So there are no restrictions on the beaches in Delaware? Is there anything on deldot.gov?

I believe last time they finished Fenwick in about two weeks. Could not find any laws on the deldot.gov. I will call University of Delaware and check with the archeological professors they might know something.
 

LifeNRA

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That's good, because I have not found anything either on deldot.gov. But ill just be happy once we are there! 11 days of nothing but beach!!! THANKS!!!
 

Tom_in_CA

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I believe last time they finished Fenwick in about two weeks. Could not find any laws on the deldot.gov. I will call University of Delaware and check with the archeological professors they might know something.

MB-beachrat, are you serious?? You're going to go ask an archaoeologist: "hi. Can I metal detect on the public beach please?" or "Hi, are there any laws saying detecting is a no-no on such & such public beach?". Let me save you some time most archies (the "purist" ones anyhow) will SCREECH at you the following type of answer: "Nnneeoooh! you can be arrested, your car will be confiscated, you can be jailed, blah blah blah". And no doubt, they might even be able to cite scary sounding cultural heritage stuff that seems to support such notions.

We had an incident here in CA for instance, where an md'r on one of the state beaches just happened to bump into a state archie. The archie just happened to be at that beach that day (travelled from his ivory tower office from some university or the state capitol or whatever) to do a speaking engagement at the little beach-side museum that's at that state beach. When he had gotten out of his car, to walk to the little museum to do his speach, he *just happened* to glance down on the beach and see my friend detecting. So he walked down to read my friend the riot act!

At first my friend thought this was some sort of joke. Because you see, the beaches here in CA (which are mostly state run) have .... just always ... been detected. No one's ever had a problem, so ... it's never occured to anyone that you needed to "ask", etc.. I mean, detectors are a common site, and always have been, and no one's ever cared. So at first, my friend just assumed this fellow is off his rocker. But the archie pointed to the nearby pier, which has a permanently docked cement ship and was telling my friend that he might find historical artifacts which are protected, blah blah blah. Now the funny thing is, that "ship" only dates to the 1929 intentional grounding on that beach. Thus its actually fairly modern in terms of relative age of recreational uses of various beaches up and down our coast. So the two of them sparred words for a few minutes, with neither of them winning the debate. The archie stormed off (apparently going to call someone in authority? Or because he was late for his meeting? I dunno).

The md'r posted about his experience on a local CA forum. A few of us reading this *just knew* this archie was mistaken. How did we "know" this? Because we all "just know" you can detect state of CA beaches here till you're blue in the face, and no one cares. So we figured it would be an easy matter to "set this guy straight" and "dis-prove the guy's silly notions". Right? BUT WAIT! The more we looked into the state of CA park's dept. wording, the more we realized we'd "better leave good enough alone". Because sure enough, there actually is verbage about disturbing cultural heritage, and such wording. (and let's face it, you *might* find an old coin, right?). Such verbage has always just been assumed to apply to the land parks, not the beaches. But technically speaking, there would be no reason why .... if you asked enough questions of enough archies, that they couldn't be applied to the state beaches too. Afterall, it's the same parks dept. that administers both.

Thus, we left it alone, knowing it was an isolated incident by a single purist archie. No doubt he went back to Sacramento, and odds are, will never see an md'r again That was over 10 yrs. ago. And to this day, you can detect state-of-CA beaches till you're blue in the face.

Thus no, it's NOT a good idea to go asking archies "can I metal detect?". Their profession is diametrically opposed to anyone so much as picking up a seashell. And they've been known to simply say "no", in their hate and disdain for md'rs, even when no such rules really say such things (or morphing the silliest of things they *say* applies).

Look it up for yourself. If you see nothing there saying "no metal detectors", then presto, it must no be prohibited.
 

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LifeNRA

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Seriously, you mean to tell me your going to start this in here now? Unbelievable!!!
 

bzbadger

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Jun 25, 2013
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I love nearby the beach area in question. Cape hen is open all day long for us. A couple just lost an engagement ring there and reached out to the MD public for help and we responded. Only rules around there are on assateague beach, one part is federal, that's a duh, other side is state and can't be hunted from memorial to labor day. After labor day you will see MD zombies by the dozens. By the way there are no signs saying you can't MD but you better know the law because the DNR here have and will take all your little toys. good luck, also try the hiking trails around there, ppl lose stuff there as well.

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Treasure_Hunter

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Jul 27, 2006
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I agree with Tom, I would never ask if I could detect a public beach if it wasn't part of a state or federal park and I could not find ant law against it.


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