Intracoastal Waterways Jurisdiction?

[chlsbrns]

Can anyone tell me or point me to the laws governing items found in/on water/land that is part of intracoastal waterways? Digging allowed? Ownership of whats found?

I've searched but haven't found the laws.

 

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[Jon Phillips]

It's according to which state you are talking about.

In Florida, the state is way more restrictive than the feds. Anything man made, over 50 years old, found on state property is a misdemeanor to disturb, and a felony to remove. State property includes navigable waterways, even if there is no water present. I think ponds and creeks/streams are the only exclusions. You can look at the property search maps of the property appraiser's website for the county in question, to find out the ownership of the water.

None of those laws apply to private property.

If you are talking about fossils on state land...you can hunt shark teeth, and invertebrate fossils without a problem, but anything else requires a $5 a year permit...and again...only applies to state land/water.

Other states may vary.

 

[chlsbrns]

Thanks Jon! I'm in Cape May County, NJ.

I've searched and can not find out if the Feds, State, County or local gov has jurisdiction.

 

[Jon Phillips]

Try the property appraiser's website....if your county has one. Use the map search (might be listed as a GIS search)...then use the identify parcel option to see who owns the area in question.

 

[chlsbrns]

Thanks again Jon! Nothing at the County.

The property is a small island that is right next to the channel marker where boats navigate.

Im thinking it has to be Federal or State. Probably governed by archeological laws? Not allowed to dig or recover?

I'll keep searching.

 

[Tom_in_CA]

Well, ... forget for the moment who has "jurisdiction" over any waterway (city, county, state, fed, or private). And concentrate on the other part of your question which is about "digging" and "ownership of what's found". If you want to worry about those two things, then it becomes irrelevant which type entity has ownership/jurisdiction. Because the minute you start asking about "digging", I can bet that somehow ... someway .... there's going to be some pencil pusher that can say "no" to that. Even if the word "dig" is not listed as a prohibition, they could lump it into another category. Like "deface" or "alter", etc... But .... seriously now .... does any one really care (until you ask) ?

And as for the ownership of items, I can save you time there too: For items worth over a given dollar amount, in any state found on ANY form of public land, they must be turned in to the police. The value is usually something like "$100 or more..." Those are "lost & found" laws born out of wandering cattle laws of the 1800s. But the last time I looked at any of the "finds" forums, there's no shortage of md'rs proudly boasting their latest trophies (rings, coins, etc...). Do you think they're trotting down to the police to turn each one in ? And even if not for "lost & found" laws, there's always something, in any city, county, state, or federal laws, that forbid "harvesting", "collecting", "taking", "removing", etc.... I mean, so that obviously no one thinks they can help themselves to the picnic benches, or start harvesting sod out of the park for commercial sale, etc... Can such verbage be applied to individual coins and relics? Sure! Just ask enough bored lawyers or state clerks, and someone will morph those to apply to your "pressing question". But .... seriously now.

If it were me, I'd just detect said-waterway. Afterall, aren't you looking for the ring your wife lost there yesterday ?

 

[chlsbrns]

Tom, you are right about that! All of them that are supposed to work for us and represent us go out of their way to control us.

I think that I lost my ring on an island? Im going to see if I can find it!

 

[Tom_in_CA]

chlsbrns, it's not a "control" issue, of the things I cite. Because .... think of it: Isn't it a noble thing to have laws that forbid destruction, alteration, defacing, vandalism, etc.... ? Of COURSE. Because otherwise, society would be chaos. So the rules which *could* be morphed to apply to your "dig" question, are not bad in and of themselves (or a "control" issue I mean). They're common sense. But if you or I go in asking them "can I dig?", there's nothing *technically* from stopping them from choosing the "safe" answer, and applying those things. Because even though YOU may know you'll leave no trace, how do THEY know you won't be some yahoo leaving big holes all over? So really then, it's not a "control" issue, it's a "don't ask dumb questions of bored desk bound pencil pushers".

And same for cultural heritage + taking and removing verbage. Those too are noble laws, that I don't consider controlling, etc... Because, doh, don't we *all* want our sacred historic monuments preserved? And don't we all believe it's wrong to cut down the park trees for firewood, and take home the park benches? The stupidity is not in those laws themselves, it's when someone applies those same things to taking home a 51+ yr. old coin from innocuous parks or beaches, or "takes" a ring or coin from the beach, etc... Because, again, technically those things apply to singular coins. So it's not the law itself that's controlling. They all have good reasons for being there.

But do those good and noble laws apply to us ? Not until you go asking long enough and hard enough of enough bored lawyers and bureaucrats, and then ... sure, someone will take the safe answer and tell you "no". Probably someone who would never have cared or given the matter a moment's thought, till you went in asking them.

By all means use due discretion and don't go tromping on truly historic sensitive monuments though. Or waltzing through archie conventions stepping over beach blankets, etc.....

 

[frankie]

Did you ever find anything on the laws? I'm in mass and it might just go to the right people. Like say you had a treasure ship and it was worth their while. Then you could do it. Grease the wheels. Ha Ha SUCKS.