Welcome guest, is this your first visit?
Member
Discoveries
 
Page 1 of 2 1 2 LastLast
Results 1 to 15 of 18
Like Tree1Likes

Thread: Pennsylvania Stream Panning Laws

« Prev Thread | Next Thread »
  1. #1
    us
    Doc

    Feb 2013
    Wyoming County
    4
    Prospecting

    Question Pennsylvania Stream Panning Laws

    I am new to the forum

    Over here in Wyoming County, I have been champing at the bit to pan, but I haven't been at it much because I feel uncomfortable not being sure of the law regarding access.

    As a trout fisherman, I don't have a problem hopping into a stream and wetting a fly. But accessing a stream to be digging around and packing off some cons is another story. Where I have permission from a friend to poke around on his property, that's no problemo.

    But where the stream appears to be unmarked and distant from houses, what law governs my access and prospecting, panning, and sluicing in PA? ::

    Hope you can direct me to the correct info, perhaps to posts on topic. (NOTE: not talking about Federal or State lands here.) Thanks in advance!

    ---Jeff

  2. #2
    Charter Member
    us
    MINELAB XS-2 Pro ....... XTERRA 305 ....... EXPLORER SE PRO

    Dec 2003
    S.W. Schuylkill County
    47,105
    6025 times
    All Types Of Treasure Hunting
    for panning stay out of National parks, State Game lands & PA state Parks,

    other then that I personally would take the
    don't ask / Don't tell approach our Government is so proud of,
    and as long as I'm not on Private Property have at it.

    also Panning may or may not be allowed in County parks. you need
    to check online for your county.

    according to the state forest sites Panning is allowed in PA State Forests
    Last edited by jeff of pa; Feb 18, 2013 at 01:24 PM.

  3. #3
    us
    Doc

    Feb 2013
    Wyoming County
    4
    Prospecting
    Quote Originally Posted by jeff of pa View Post
    for panning stay out of National parks, State Game lands & PA state Parks,

    other then that I personally would take the
    don't ask / Don't tell approach our Government is so proud of,
    and as long as I'm not on Private Property have at it.

    also Panning may or may not be allowed in County parks. you need
    to check online for your county.

    according to the state forest sites Panning is allowed in PA State Forests
    Thanks, jeff of pa. More specifically, if I am in a stream, sniping, am I legal? How far off stream does private land begin where permission would be required to sample? As I first stated, I am not on Federal or State property in my question.

    ---Jeff in Wyoming Co.

  4. #4
    Charter Member
    us
    MINELAB XS-2 Pro ....... XTERRA 305 ....... EXPLORER SE PRO

    Dec 2003
    S.W. Schuylkill County
    47,105
    6025 times
    All Types Of Treasure Hunting
    I honestly don't know, But if it is open to Fishing it most likely isn't private Correct ?

    perhaps someone here can give you general laws on streams as far as right to be there, and distances from.
    although I don't think they can help you on the panning part

    General Fishing Forum - The HuntingPA.com Outdoor Community
    Last edited by jeff of pa; Feb 18, 2013 at 02:53 PM.

  5. #5
    us
    Jun 2010
    Carsonville, PA
    MineLab E-Trac and White's Classic 4
    755
    86 times
    Private property is private, whether it be above or below water. Normally if a boundary line ends at a stream, it is at the 50% Line in the water. Even if u r floating, you are not legal unless the body of water is a navigable body: Frequently Asked Questions - Public Rights in Pennsylvania Waters

    Many lands are open to "public fishing" or "walk in fishing" due to an agreement between the PFBC and the landowner. That agreement covers fishing only.

  6. #6
    us
    Bazooka Goldtrap enthusiast

    Jan 2012
    Centennial, Colorado
    Sluices: Bazooka Goldtrap Prospector, Bazooka Goldtrap Sniper, Bazooka Goldtrap SuperMini, Angus Mackirk Expedition, custom metal sluice (retired!), Gold-n-Sand Xtream Hand pump, occasional gold cube
    3,154
    2063 times
    Prospecting
    Good exchange of info here. Just one refinement: navigable means at some point during the year there is enough water for a canoe...doesn't need to be year round or a more modern boat!
    ...it is too about havin' the gold!

  7. #7
    Charter Member
    us
    MINELAB XS-2 Pro ....... XTERRA 305 ....... EXPLORER SE PRO

    Dec 2003
    S.W. Schuylkill County
    47,105
    6025 times
    All Types Of Treasure Hunting
    Quote Originally Posted by KevinInColorado View Post
    Good exchange of info here. Just one refinement: navigable means at some point during the year there is enough water for a canoe...doesn't need to be year round or a more modern boat!
    What about the flood of '72 ?

    would cover almost everywhere

    Seriously though Thanks Kevin !


    djm, I knew if anyone knew the law on creeks & streams , it would be you

    looks like best bet, if your going to be panning and there is private property there,
    ask permission.
    considering how most landowners react to detecting, I'd say if you ask to pan
    for gold, you'll get a chuckle and a request for 50% of the gold
    which could be half a pin point in size here in PA
    Last edited by jeff of pa; Feb 19, 2013 at 02:39 AM.
    MeteorMiner likes this.

  8. #8
    us
    Jun 2010
    Carsonville, PA
    MineLab E-Trac and White's Classic 4
    755
    86 times
    Quote Originally Posted by KevinInColorado View Post
    Good exchange of info here. Just one refinement: navigable means at some point during the year there is enough water for a canoe...doesn't need to be year round or a more modern boat!
    Actually here in PA, that is not correct. Our state sets the "navigable waters" due to people trying to use the loophole that Jeff of Pa mentioned with catastrophic floods.

  9. #9
    us
    Bazooka Goldtrap enthusiast

    Jan 2012
    Centennial, Colorado
    Sluices: Bazooka Goldtrap Prospector, Bazooka Goldtrap Sniper, Bazooka Goldtrap SuperMini, Angus Mackirk Expedition, custom metal sluice (retired!), Gold-n-Sand Xtream Hand pump, occasional gold cube
    3,154
    2063 times
    Prospecting
    Maybe DJM but only sort of. The laws on what navigable means predate the creation of even the original 13 states. They were based on the rights of fur trappers to use the waterways crossing private property and those old laws have continued to be used successfully to challenge states which add/allow restrictions.

    Key point, right of passage does NOT mean right to remove minerals or even step out of your boat while on private land in some cases...maybe that is what PA is using to limit activity?
    ...it is too about havin' the gold!

  10. #10
    us
    Doc

    Feb 2013
    Wyoming County
    4
    Prospecting
    Well, I see I am not alone in my understanding. Seems I recall some idea that where a state road crosses a stream, that crossing is open to panning. But how far on either side I am not sure of.

    Mmmm....maybe I should be asking the question this way: Where in PA can a pan of dirt be taken without it being a legal hassle? Other than private property where permission is granted, where?

  11. #11
    us
    Jun 2010
    Carsonville, PA
    MineLab E-Trac and White's Classic 4
    755
    86 times
    PA Forest Land: State Forest land is host to an almost endless list of other recreational uses. These include astronomy, dog sledding, gold panning, jogging, hang gliding, ice-skating, motorcycle riding, orienteering, photography, rock climbing, rappelling, sleigh riding, sledding, snowboarding, snowshoeing, spelunking, swimming, snorkeling and tubing. All these and more are permitted uses of state forest land.

    Private land: with permission only.

    Under Bridges: according to my local authorities whom I contacted last night, the land under a bridge is still private to everyone except those entrusted to work on said bridge. Same goes with pole lines, pipe lines, phone line right of ways etc..... The land is still private, but the utility company has a right of way on it.


    Now to complicate things even more, the PA game commission says you can find gold on State Game Lands, but you cannot take it off the SGL!
    And, local municipalities may have their own laws in place prohibiting the removal of anything mineral from the waters within their limits. It is pretty much the same scenario as hunting or fishing. If it isn't posted as open to the activity you want to do, then you MUST have permission or you don't stand a chance in court.

  12. #12

    Feb 2013
    1
    All Types Of Treasure Hunting
    Honestly saying I don't know what you are talking about. However, I think you must consult some lawyers because you are talking something related to law.

  13. #13
    us
    Doc

    Feb 2013
    Wyoming County
    4
    Prospecting
    [QUOTE=

    Under Bridges: according to my local authorities whom I contacted last night, the land under a bridge is still private to everyone except those entrusted to work on said bridge. Same goes with pole lines, pipe lines, phone line right of ways etc..... The land is still private, but the utility company has a right of way on it.

    [/QUOTE]

    Found this piece of information from the PA DEP: which mentions "Prospecting enthusiasts often hunt for gold at public rights of way where bridges cross gold-bearing streams using a shovel and gold pan." The whole publication RECREATIONAL PROSPECTING IN THE COMMONWEALTH’S WATERWAYS addressed my questions. Hope you all find this helpful, too!



    ---Jeff

  14. #14
    us
    Apr 2013
    NW PA
    Garrett Ace 250
    1
    All Types Of Treasure Hunting
    This is what the Pa. Fish and Boat Commission says:
    Frequently Asked Questions - Public Rights in Pennsylvania Waters

  15. #15

    Apr 2013
    south eastern PA
    21
    1 times
    Prospecting
    I'm also trying to get a better understanding on how public access works. But from what I'm now gathering, it almost seems there is no such thing as having the right to walk down the middle of a creek that runs through the hills. I can see if your walking across someones land to get there.... but if you enter the water at a bridge and walk ...say 50' to each side and remain in the water ...are you breaking the law? What it ther is nothing posted?

    I've read elsewhere about PA's "public right of way" for panning, (as already pointed out above) as far as areas where bridges cross over creeks, etc.

    It would be helpful to clarify how far you can legally wander to to each side of a bridge crossing, etc. ---or as mentioned earlier in the thread... Is it only for people working on/maintaining the bridge, who are allowed to be within so many feet of the bridge to exercise so called "right of way"?

    In my case, there really are no houses around the area I have my eye on... and nothing is posted as "private property" or "no trespassing" signs.
    (Naturally, it would be great if I can determine if there are any private land holders that I need to speak to.)

    The second thing that was brought up.... is in regarding legalities in general. I'm too am worried that if I make an innocent telephone call or stop by the local municipality office or whatever it may be, and explain "...I want to do recreational panning for gold in the local creek", the person on the other end of the telephone is going to get all flustered and not understand that I'm just looking for a hobby to get me out a couple times a month.

    I'm sure you guys and gals follow what I mean (And like mentioned above "don't ask don't tell). It's not like your wanting to break any laws... but they seem unclear and hard to even find. I'm afraid I will get someones interpretation or opinion, as opposed to what the law actually dictates.

    I'm concerned they will likely have "zero knowledge" on the subject, and whoever I "officially" talk to is likely to conclude my panning will destroy a creek, kill off the fish, require a mining permit, necessitate EPA approval...etc...etc...when all I plan to do is a little panning for a hobby. Lets face it, the government is never simple about anything.

    Understandably, people can get a bad impression about "mining" in various forms. It's hard for most to separate that preconceived notion from a guy like most of us, just looking to do some sifting.
    Last edited by Old_Festus; Apr 28, 2013 at 11:13 PM.

 

 
Page 1 of 2 1 2 LastLast

Sponsors

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Panning in Pennsylvania
    By MattyC7744 in forum Panning For Gold
    Replies: 7
    Last Post: Jan 27, 2013, 11:20 AM
  2. Panning Dry stream bed in White Mountain Nat Forest
    By Ben Cartwright SASS in forum Gold Prospecting
    Replies: 6
    Last Post: Sep 30, 2012, 05:53 PM
  3. Panning in Hemlock Creek,In Pennsylvania....
    By nottinon in forum Panning For Gold
    Replies: 4
    Last Post: Feb 16, 2012, 08:47 PM
  4. Replies: 16
    Last Post: Aug 05, 2010, 01:26 PM
  5. Laws and more laws!! Meant to be broken??
    By JakePhelps in forum Treasure Hunting Legal Issues
    Replies: 14
    Last Post: Jun 27, 2006, 06:03 PM

Search tags for this page

gold in pa streams
,
gold in pennsylvania
,
gold mining laws in pa
,

gold panning in pa

,
gold prospecting in pa
,
how to find gold in pa streams
,
pa gold prospecting laws
,

panning for gold in pa

,
prospecting in pa
,
where to pan for gold in pennsylvania
Click on a term to search for related topics.
Powered by vBadvanced CMPS v4.1.3