California beach sand mining

[ncclaymaker]

Not having devoted any time to California and its' crazy out of control laws, I have a simple two part question.

1. Can one legally use a suction dredge at or below the low tide mark.

2. Can you dredge above the the low tide mark... in other words, anywhere on the beach.

Filling all holes, so as not to create negative reactions to your dredging activities. After all, use, but don't abuse public property.

 

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[N-Lionberger]

Not onshore. Offshore I'm not sure I have wondered about dredging off where the klamath hits the ocean.

 

[wildminer]

You will meet resistance from fish and game dept. for disturbing clam beds.

 

[ncclaymaker]

Being the unregulated sort of person, I'm not trying to pick things apart, but the former software engineer part of me does not process variables too well. What do you define as offshore? Is that where the water meets the low tide mark and out towards the ocean? Is it a water depth past the low tide mark? Californicated rules are usually meant to part you from your money for no definable reason whatsoever.

 

[et1955]

It's simple 200 miles off shore beyond US territorial waters, just to safe, LOL

 

[wildminer]

To a mariner it would technically be variable as the tide ebbs and floods. The shore is obviously land sans water. If you are offshore you are on or in the water.

 

[Capt Nemo]

It goes to the historic high water mark for boundry waters. So the beach is federal public land, as much as the state/city/county would like to make you think it's theirs. In MI, all property rights end at that mark, and they won't allow you to record a mineral claim past it.

 

[Jason in Enid]

It goes to the historic high water mark for boundry waters. So the beach is federal public land, as much as the state/city/county would like to make you think it's theirs. In MI, all property rights end at that mark, and they won't allow you to record a mineral claim past it.

But there is a world of difference between recording a claim and extracting a mineral by a non-intrusive means.

 

[Clay Diggins]

There are no mining claims possible in Michigan. It's not one of the public land states subject to the mining acts. There are no federal lands open to location in Michigan and there never have been.

If indeed the land below the high water mark is federal land there might be a possibility of arranging a federal lease or mineral sale. To my knowledge the law states that the beds of navigable rivers or lakes belong to the state in which they are found. That's part of the "equal footing" doctrine applied to all states. If you know of a different law it would be interesting to read it.

The State of Michigan however is open to potentially leasing the mineral rights they hold.

Heavy Pans

 

[wildminer]

Coastal waters are controlled by the state out to 3 miles. The waters from 3 miles to 200 miles are federally controlled.

 

[Clay Diggins]

The coastal seas are a deep subject.

Here's a graphic to help you understand what's what.



That only applies to coastal waters. Michigan and other interior states have no coastline so if there is submerged land below a navigable river or lake the state controls the bed (but not necessarily the water).

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