Illegality & Metal Detecting

[CyrusKain]

Hi guys! Still new around here, thanks for helping.

So after doing lots of research recently for local, state, and federal laws (I live in northern Virginia) I've pretty much determined that Virginia hates us (I've visited the Virginia-specific forums, too). Most of the places where I live, if they don't explicitly state it in a municipal code, adopt other language to prevent excavation or detection of anything, really, on non-private land.

So it seems that I might have to start seeking out private property land-owners to legally detect. Do you all have advice for doing this? Types of land good for detecting, how to approach them, etc...?

Any advice for detecting in these areas in general?

 

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[cudamark]

You might consider joining a local detecting club. They usually know the ins and outs of what you can do in your area. These days, private property seems to hold the most promise of good finds. Most public areas that are legal to hunt have been hit hard.

 

[Tom_in_CA]

..... if they don't explicitly state it in a municipal code, adopt other language to prevent excavation or detection of anything, ....

Can you shed light on what "other language" you think automatically precludes/forbids md'ing ? Because if you mean "alter", "deface", "take" , "remove", type verbage, I would disagree with you. I do not believe those necessarily equate to "no md'ing". MD'ing routinely occurs (historically and presently) at places with such boiler-plate text. And ALL public land has such things in some form or fashion. So don't be so quick to assume they necessarily mean "no detecting".

Unless I'm misunderstanding, and you're referring to some other "adopted language" ?

 

[Keppy]

I have never found any illegality in metal detecting but then i never look up law's and rules i just go hunt...... And after doing this for over 40 years i have never had a problem..

 

[Tom_in_CA]

I have never found any illegality in metal detecting but then i never look up law's and rules i just go hunt...... And after doing this for over 40 years i have never had a problem..

If you/we just avoid obvious historic landmarks, then 99.9% of any such worries are handled. I too use the "does anyone really care?" test of whether or not to md a place.

Your post makes me think that we md'rs sometimes just make this more difficult than it is. Running around and trying to split hairs on whether some cultural heritage thing, or "alter/deface" blah blah applies. Or whether harming earthworms will run afoul of "harming wildlife" text, hence equating to "no md'ing", etc.... And then putting the "pressing question" in front of bored pencil pushers to elicit their "safe answer", thus just perpetuating more nonsense

 

[Msbeepbeep]

Ask your neighbors, family and friends to detect their yards, then friends of friends etc. till you get comfortable asking total strangers, it does help if you know the history of their property shows them you really care about the history of their land.

A detecting club was a good idea too.

 

[Opie]

CyrusKain, there is a great deal of truth in what you have stated. State and Federal properties are difficult. It might surprise you how many never both to get proper "written" permission to get on a property.
This becomes the problem with the hobby, as so many have simply figured they have a right to it, whether they own it or not.
Private ground is the best way to go, get written permission from Cities for parks and City properties. Some States will issue you a permit for some properties and locations.
The Definition of "Theft" basically boils down to; The physical removal of any object without the permission of the owner and with the intention of depriving the owner of such object.
Some will say they have never heard of anyone getting in trouble metal detecting. I can assure you those who get in trouble do not want anyone finding out how they got into trouble.
Take the time to make a written permission binder. Make written statement papers that simply need a signature but also explain what you intent and purpose is.
This can help you later as you approach other property owner's to show that you do practice good integrity standards. Property owners know and talk to each other so them seeing Mr. Johnson lets you on his property can also help you onto theirs.
I recommend photographing any good finds too.
Good Luck Stay Gold!

 

[BadM0nkey]

My local town had park ordinances that include this language:

"or damage any grass, tree, shrub, plant, soil, rock, sand".

What constitutes "damage", especially to sand? Does this mean that the kids cannot kick the sand at the bottom of the swing arc? How can you damage sand?

 

[Tom_in_CA]

Opie: Written permission for private property ? Perhaps . (Although verbal usually suffices ). But written permission for PUBLIC property (where no laws/rules forbid ) sounds like the FASTEST way to get a "no". Putting a contract in front of them to sign ? Really ?

 

[cudamark]

A lot of what Opie says i can't agree with. Private property? Sure, get permission from whoever owns or has control over it. Public property? No way. The rules governing that land have been written down somewhere. Look it up yourself to see if there any restrictions regarding metal detecting. Some folks think that the government grants you permission to do things when it's exactly the opposite. We have the right to do things unless there has been a law passed to restrict your rights. Asking permission from bureaucrats (who may have their own biased agenda) just brings undue attention to something that might never have crossed their mind otherwise.

 

[cudamark]

Looks like Tom beat me to the punch....again!

 

[cudamark]

My local town had park ordinances that include this language:

"or damage any grass, tree, shrub, plant, soil, rock, sand".

What constitutes "damage", especially to sand? Does this mean that the kids cannot kick the sand at the bottom of the swing arc? How can you damage sand?

All parks I know of have those stipulations. If you return the area to the same condition as you found it (or better) you haven't damaged anything....have you?

 

[flgliderpilot]

What seems to work best for me is hit the public places like a ninja. The fewer peope who see you, the fewer people can complain and draw unneeded drama. Many people need something to be upset about and they will seek it every day.

Get there before sun up and finish at sun up.

I use only a long screwdriver if I'm concerned about sensitive areas (manicured parks) ... i carefully probe and then try to pop only the target to the surface. Doesn't always work and I just move on if it looks like I'm going to need to make a big ugly hole. Compromises. :|

I was searching a public park once at around 9am and had the ONLY person in the park start lecturing me about how he was going to sprain his ankle in my tiny hole because I made "soft spots" in the grass. I was only probing with a screwdriver. He went on and on in a steroid rage (without letting me get a word in) about how he was going to talk with the ground keeper and make sure no metal detecting was allowed, blah blah blah.

That was when I decided I made a mistake. Not by digging but the mistake of coming TOO LATE in the day to a public park.