tigerbeetle
Full Member
- Jan 2, 2009
- 166
- 275
- Detector(s) used
- Many -- Fisher, White's, Minelab, Cobra, others
- Primary Interest:
- Metal Detecting
One man's read on legally TH'ing Jersey's Undeveloped lands
The following longish read is a primer on the legality of TH’ing wooded and undeveloped areas in NJ. It is gleaned from informal sit-downs with attorneys and law enforcement. However, it is a highly individualized interpretation -- though, I believe, close to legal reality. Yes, I have taken it to court -- and won.
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For detectorists, New Jersey is excellent real estate once you know the statutes regarding property posting. Favoring Th'ers, the Garden State actually has some of the strictest sign posting requirements in the nation -- though they are not always common knowledge, even among law enforcement personnel. NJDEP Fish and Wildlife officers are most savvy about legally posting undeveloped lands in the Garden State. Those officers deal with the divergent laws impacting hunters versus the public at large, including TH’ers.
In NJ, you are not legally trespassing in wooded or undeveloped areas unless said lands are fenced or properly posted with signs placed around the entire parameter of a property. Such posting laws place the onus on the landowners -- to clearly designate property boundaries. These civilian posting regulations DO NOT apply to hunters, who must, at all times, be fully aware of what property they are on and its parameters -- and have permission (permits) to be on any and all private and public property.
In NJ, for land to be legally posted, private property signs must be placed at least every 150 feet, they must be on posts specifically placed to hold signage (no telephone poles), each sign must be dated and signed by the owner or land manager (lessee), and signs must be updated annually. In NJ, you have to post to play the “No Trespassing” game.
That said, this does not mean you implicitly have legal rights to access unposted property. You simply can't be charged with trespassing after accessing the property. At the same time, if you damage accessed property in any way, you are fully liable.
Taking the high road, it is always good manners -- and legally discrete -- to seek out the owners of unposted property, to ask permission to access their property. In the case of absentee or corporate ownership, written permission assures you have documentation to display if confronted on that property. Interestingly, it is very common, particularly during deer hunting season, for hunters to claim ownership of property that is not theirs, to protect deer stands and blinds. Also, it is equally commonplace to have police officers stop to investigate detectorists, often drawn to parked vehicles. Having written permission to be on a property sure helps.
It’s during police stop-bys that law enforcement’s unfamiliarity with NJ posting laws become most apparent. Routinely, officers apply very strict hunting laws to anyone they find in undeveloped areas. Fortunately, in most cases, police officers are simply confirming no criminal activity is taking place and aren't there to roust Th’ers. More often than not, they’re interested in what’s being found. However, if the famed “This is private property, you can’t be here” is issued, it’s seldom worth exerting legal prerogatives by trying to explain the state’s posting laws. Also, a few larger municipalities, including the state’s largest township, Galloway, have anti-detectorist ordinances. In those regional instances, you have to know before you go.
Problematically, many undeveloped portions of South Jersey are investment properties with no nearby representatives -- or seemingly any interest in legally posting the land. As for detecting those unposted ownership lands? Don't mind if I do.
An on-scene landowner always has the right to verbally exert his or her property rights, or call law enforcement to do the same. Again, you can only be told to leave, but not cited -- unless you've been verbally warned in the past or if you put up a fuss. You cannot assert, "It's not properly posted so you can't throw me off."
As noted above, you do have a right -- under certain circumstances -- to demand proof of ownership from anyone alleging ownership of unposted property. Obviously, this can heighten the tension quickly so it is best done in the presence of law enforcement.
However, get too testy and the enhanced possibility of disorderly conduct kicks in. By the by, various forms of disorderly conduct charges can always be quickly inserted by aggressive law enforcement knowing that, technically, a trespassing offense has not been committed. In fact, trespassing itself often falls under disorderly conduct.
While it is imperative to quickly obey verbal warnings by established property owners, it is permissible to ask property owners to give exacting details on their (unposted) property lines. That's the responsibility owners must assume if not properly posting land. It can get legally sticky if you’re verbally told to leave land by property owners, travel a few miles down the road and access unposted land to be re-approached by the same landowners – this time asserting to law enforcement that you had been warned. (Based on an actual case -- lost by landowner and law enforcement.)
If TH’ing in NJ, it is imperative to learn the parameter of the state’s parks, which prohibit metal detecting –with a few minor exceptions.
While landowners are required to obey strict posting statutes, the park system is afforded a very redacted signage scheme. State park signs are usually placed at entry points into parks and at road and path intersections within. Historic areas often have enhanced signage. Sporadic signage is also placed along parks’ parameters and fronting stretches of both improved and dirt roadways. However, it is not uncommon to have huge portions of parklands -- particularly secondary and dirt roads in the Pinelands -- with absolutely to signage. In this case, the onus is on the detectorist. Even with no signs present, you can be cited for metal detecting on state property -- though being saddled with an actual fine is very uncommon. Warnings are the norm. However, officers routinely collect information, which is then computerized. A pattern of noncompliance can become very problematic for a recurring violator. Fines begin in the vicinity of $80 but can escalate rapidly with repeated violations.
Despite all the legal ambiguities mentioned above, finding open places to TH in NJ is exceptionally easy -- and actually highly nonconfrontational. In fact, in only a few instances (over 45 years) have I even needed to resort to applying the state's posting laws when questioned about my detecting. By the same token, I keep an extremely low profile at all times, while I faithfully cover my tracks (holes) with environmental precision. Most of all, I meet any detecting resistance (police or landowner oriented) with a smile and friendly demeanor. For every minimal enemy I've made TH’ing, I've made dozens and dozens of friends – and incredible contacts, including many a landowner who now allow me to hunt their property to my heart’s content (and stop by for dinner when I’m done.)
The following longish read is a primer on the legality of TH’ing wooded and undeveloped areas in NJ. It is gleaned from informal sit-downs with attorneys and law enforcement. However, it is a highly individualized interpretation -- though, I believe, close to legal reality. Yes, I have taken it to court -- and won.
(((((((((((((((((((((((((((((((())))))))))))))))))))))))))
For detectorists, New Jersey is excellent real estate once you know the statutes regarding property posting. Favoring Th'ers, the Garden State actually has some of the strictest sign posting requirements in the nation -- though they are not always common knowledge, even among law enforcement personnel. NJDEP Fish and Wildlife officers are most savvy about legally posting undeveloped lands in the Garden State. Those officers deal with the divergent laws impacting hunters versus the public at large, including TH’ers.
In NJ, you are not legally trespassing in wooded or undeveloped areas unless said lands are fenced or properly posted with signs placed around the entire parameter of a property. Such posting laws place the onus on the landowners -- to clearly designate property boundaries. These civilian posting regulations DO NOT apply to hunters, who must, at all times, be fully aware of what property they are on and its parameters -- and have permission (permits) to be on any and all private and public property.
In NJ, for land to be legally posted, private property signs must be placed at least every 150 feet, they must be on posts specifically placed to hold signage (no telephone poles), each sign must be dated and signed by the owner or land manager (lessee), and signs must be updated annually. In NJ, you have to post to play the “No Trespassing” game.
That said, this does not mean you implicitly have legal rights to access unposted property. You simply can't be charged with trespassing after accessing the property. At the same time, if you damage accessed property in any way, you are fully liable.
Taking the high road, it is always good manners -- and legally discrete -- to seek out the owners of unposted property, to ask permission to access their property. In the case of absentee or corporate ownership, written permission assures you have documentation to display if confronted on that property. Interestingly, it is very common, particularly during deer hunting season, for hunters to claim ownership of property that is not theirs, to protect deer stands and blinds. Also, it is equally commonplace to have police officers stop to investigate detectorists, often drawn to parked vehicles. Having written permission to be on a property sure helps.
It’s during police stop-bys that law enforcement’s unfamiliarity with NJ posting laws become most apparent. Routinely, officers apply very strict hunting laws to anyone they find in undeveloped areas. Fortunately, in most cases, police officers are simply confirming no criminal activity is taking place and aren't there to roust Th’ers. More often than not, they’re interested in what’s being found. However, if the famed “This is private property, you can’t be here” is issued, it’s seldom worth exerting legal prerogatives by trying to explain the state’s posting laws. Also, a few larger municipalities, including the state’s largest township, Galloway, have anti-detectorist ordinances. In those regional instances, you have to know before you go.
Problematically, many undeveloped portions of South Jersey are investment properties with no nearby representatives -- or seemingly any interest in legally posting the land. As for detecting those unposted ownership lands? Don't mind if I do.
An on-scene landowner always has the right to verbally exert his or her property rights, or call law enforcement to do the same. Again, you can only be told to leave, but not cited -- unless you've been verbally warned in the past or if you put up a fuss. You cannot assert, "It's not properly posted so you can't throw me off."
As noted above, you do have a right -- under certain circumstances -- to demand proof of ownership from anyone alleging ownership of unposted property. Obviously, this can heighten the tension quickly so it is best done in the presence of law enforcement.
However, get too testy and the enhanced possibility of disorderly conduct kicks in. By the by, various forms of disorderly conduct charges can always be quickly inserted by aggressive law enforcement knowing that, technically, a trespassing offense has not been committed. In fact, trespassing itself often falls under disorderly conduct.
While it is imperative to quickly obey verbal warnings by established property owners, it is permissible to ask property owners to give exacting details on their (unposted) property lines. That's the responsibility owners must assume if not properly posting land. It can get legally sticky if you’re verbally told to leave land by property owners, travel a few miles down the road and access unposted land to be re-approached by the same landowners – this time asserting to law enforcement that you had been warned. (Based on an actual case -- lost by landowner and law enforcement.)
If TH’ing in NJ, it is imperative to learn the parameter of the state’s parks, which prohibit metal detecting –with a few minor exceptions.
While landowners are required to obey strict posting statutes, the park system is afforded a very redacted signage scheme. State park signs are usually placed at entry points into parks and at road and path intersections within. Historic areas often have enhanced signage. Sporadic signage is also placed along parks’ parameters and fronting stretches of both improved and dirt roadways. However, it is not uncommon to have huge portions of parklands -- particularly secondary and dirt roads in the Pinelands -- with absolutely to signage. In this case, the onus is on the detectorist. Even with no signs present, you can be cited for metal detecting on state property -- though being saddled with an actual fine is very uncommon. Warnings are the norm. However, officers routinely collect information, which is then computerized. A pattern of noncompliance can become very problematic for a recurring violator. Fines begin in the vicinity of $80 but can escalate rapidly with repeated violations.
Despite all the legal ambiguities mentioned above, finding open places to TH in NJ is exceptionally easy -- and actually highly nonconfrontational. In fact, in only a few instances (over 45 years) have I even needed to resort to applying the state's posting laws when questioned about my detecting. By the same token, I keep an extremely low profile at all times, while I faithfully cover my tracks (holes) with environmental precision. Most of all, I meet any detecting resistance (police or landowner oriented) with a smile and friendly demeanor. For every minimal enemy I've made TH’ing, I've made dozens and dozens of friends – and incredible contacts, including many a landowner who now allow me to hunt their property to my heart’s content (and stop by for dinner when I’m done.)
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