fish1on
Silver Member
- Aug 28, 2012
- 3,053
- 1,403
- Detector(s) used
- Fisher F70 with 6.5", 10" Elliptical, & 11" Search Coil. Garret pro pointer AT, Minelab excaliber II (New machine)
- Primary Interest:
- Metal Detecting
Last year I was confronted at a State park about detecting on the beach and decided that it was time to maybe elevate my on going problem with the managers not knowing the rules. Yes, I know the rules but have a hard time abiding by them when the ones that enforce them have no idea how to ensure you are in compliance. I have contacted three different park mangers about obtaining a permit and they all gave me a dear in the headlight look. So, I go detect per their instruction verbally (yes I know bad deal) but for the most part have had no issues. I hate the idea of losing out on hunting grounds (be careful what you ask for right) but this particular situation seems to be a positive way forward...I sent an email!
Absolutely awesome response and very very well written:
Mr. Quinn:
I received a copy of the email you sent to Mr. Mike Broschinsky at the Division of Administrative Rules with regard to metal detecting in State Parks. As you know, the applicable rule (R651-620-6) prohibits metal detecting without a permit. You had indicated that the parks you had contacted for "a permit" were unfamiliar with such a permit. I apologize for the inconvenience. I've cc'd our staff on this email to help put us all on the same page. We receive only a few requests for permits, and it doesn't surprise me that some of our staff are unfamiliar with your request.
There are several reasons for the existence of R651-620-6. In some cases, we manage the land but are not the owner, and thus must fall in compliance with the rules governing the use of the land. Those rules may be contractual or a element of state and/or federal law. In addition, many of our parks sit on sites of historical significance where the recovery of artifacts is again tightly regulated by federal and state law. Hence, recovered antiquities are to be surrendered to park officials. Finally, the Division of Parks and Recreation owns virtually none of the subsurface mineral rights associated with our park areas. Consequently, removal of any find involving minerals or precious metals (i.e. that gold nugget that would make your retirement complete) would be in violation of the law.
With regard to the permit needed, the permit is known as a "Special Use Permit" and can be issued by the Park Manager or his/her designee. The Special Use Permit would detail appropriate and/or prohibited areas for metal detecting, and other rules that are applicable to the individual park site. Some of our Park Managers will be in a position to issue the permit without stipulation, while others will impose significant restrictions. Yet others will decline the permit altogether. That is within their prerogative as the manager of the site, based on their knowledge of the resources.
State Parks are for the enjoyment of the visiting public, and we encourage the broadest use of our park facilities within the existing bounds that have been set. I would encourage our park managers to issue the SUP for metal detecting unless there is a significant reason not to do so.
Like all Administrative Rules regulating the use of the State Park system, this rule has been promulgated by the Board of Parks and Recreation. If you would like to see changes to that rule, you may make a recommendation to the Board at any of their public meetings. If you would like to pursue that opportunity, please let me know and I'll help you with the logistics.
Thank you for your interest in Utah's state parks.
Fred
--
Fred M. Hayes
Director
Utah Division of Parks and Recreation
1594 West North Temple
Salt Lake City, Utah 84114
801-538-7336 (Office)
Absolutely awesome response and very very well written:
Mr. Quinn:
I received a copy of the email you sent to Mr. Mike Broschinsky at the Division of Administrative Rules with regard to metal detecting in State Parks. As you know, the applicable rule (R651-620-6) prohibits metal detecting without a permit. You had indicated that the parks you had contacted for "a permit" were unfamiliar with such a permit. I apologize for the inconvenience. I've cc'd our staff on this email to help put us all on the same page. We receive only a few requests for permits, and it doesn't surprise me that some of our staff are unfamiliar with your request.
There are several reasons for the existence of R651-620-6. In some cases, we manage the land but are not the owner, and thus must fall in compliance with the rules governing the use of the land. Those rules may be contractual or a element of state and/or federal law. In addition, many of our parks sit on sites of historical significance where the recovery of artifacts is again tightly regulated by federal and state law. Hence, recovered antiquities are to be surrendered to park officials. Finally, the Division of Parks and Recreation owns virtually none of the subsurface mineral rights associated with our park areas. Consequently, removal of any find involving minerals or precious metals (i.e. that gold nugget that would make your retirement complete) would be in violation of the law.
With regard to the permit needed, the permit is known as a "Special Use Permit" and can be issued by the Park Manager or his/her designee. The Special Use Permit would detail appropriate and/or prohibited areas for metal detecting, and other rules that are applicable to the individual park site. Some of our Park Managers will be in a position to issue the permit without stipulation, while others will impose significant restrictions. Yet others will decline the permit altogether. That is within their prerogative as the manager of the site, based on their knowledge of the resources.
State Parks are for the enjoyment of the visiting public, and we encourage the broadest use of our park facilities within the existing bounds that have been set. I would encourage our park managers to issue the SUP for metal detecting unless there is a significant reason not to do so.
Like all Administrative Rules regulating the use of the State Park system, this rule has been promulgated by the Board of Parks and Recreation. If you would like to see changes to that rule, you may make a recommendation to the Board at any of their public meetings. If you would like to pursue that opportunity, please let me know and I'll help you with the logistics.
Thank you for your interest in Utah's state parks.
Fred
--
Fred M. Hayes
Director
Utah Division of Parks and Recreation
1594 West North Temple
Salt Lake City, Utah 84114
801-538-7336 (Office)
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