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Thread: Metal Detecting Banned Wisconsin DNR Regulated Lands/Waterways

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  1. #1

    Oct 2016
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    Researching Treasure Stories Author

    Metal Detecting Banned Wisconsin DNR Regulated Lands/Waterways

    This has been in effect since 2012:
    Kenny W Briggs‎

    to

    American Digger Magazine
    November 26, 2012 Chippewa Falls, WI

    Response back from the State of Wisconsin Archaeologist.

    by Three Seasons Treasure Hunters LLC on Thursday, April 12, 2012 at 9:44pm
    .

    Subjectmetal detector use - your recent inquirySenderDudzik, Mark J - DNR Recipientkbriggs@threeseasonstreasurehunters.com DateFri 07:38To protect your privacy, remote images are blocked in this message. Display images Always show images from Mark.Dudzik@Wisconsin.govMr. Briggs - I have included for your information (below) a recent response written on behalf of Secretary Stepp regarding this matter. I hope that you find the information useful. M
    Mark J. Dudzik Departmental Archaeologist
    Wisconsin Department of Natural Resources Bureau of Facilities & Lands 101 South Webster, LF/6 Madison, WI 53707-7921
    phone: 608.266.3462; fax: 608.267.2750 e-mail: mark.dudzik@wi.gov website: http://dnr.wi.gov facebook: www.facebook.com/widnr
    >>>>>>>>>>>>>>>>
    Thank you for writing to DNR Secretary Cathy Stepp about metal detector use on and in DNR lands and waters. I
    appreciate the opportunity to respond on behalf of Cathy.

    As you know, Wisconsin has an especially rich historic and archaeological heritage. Archaeological resources are
    non-renewable and are held in public trust for all Wisconsin citizens. Our state has both recorded and unrecorded
    archaeological sites, which may be located in or near beach areas on lakes and streams. The DNR is one of the
    state and federal agencies that helps identify, protect, and manage these resources.

    I understand your concern that while you previously used metal detectors in state parks, you have been told in the
    past few years that metal detector use isn't allowed. We've had a policy limiting metal detector use on public land
    for many decades, although in the past this policy was not well-understood and was inconsistently enforced.
    In 2009, the Wisconsin Historical Society raised concerns that the DNR metal detector policy did not adequately
    protect potential archaeological sites. We revised our metal detector policy so it complied with state law and
    federal mandates. The revised policy gave improved protection to the many recorded and unrecorded
    archaeological resources, including sacred Native American burial grounds, which are located on DNR properties.
    I appreciate that you wish to continue using metal detectors, and I would encourage you to pursue opportunities
    for metal detector prospecting on Wisconsin's privately-held lands and waters - areas where metal detector use is
    not constrained by state, federal, or other laws or rules.

    If you have questions or would like more information, please feel free to call our department archaeologist, Mark
    Dudzik at 608.266.3462 or email him at Mark.Dudzik@wisconsin.gov. Again, thank you for your interest in this
    matter.

  2. #2

    Oct 2016
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    Researching Treasure Stories Author
    Awhile back there was some expert and not so expert option's posted about metal detecting waterways, beaches and other DNR regulated areas of Wisconsin. I was hoping my friend would find the letter that set in stone the restrictions that have been emplaced for the last 6 plus years. Hopefully this will prevent others from getting in a jam with laws which are not on the official web site of the Wisconsin DNR.

  3. #3

    Mar 2007
    Salinas, CA
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    Quote Originally Posted by Tiredman View Post
    .... I was hoping my friend would find the letter that set in stone the restrictions that have been emplaced .....
    That won't be hard. Just keep asking long enough and hard enough, high-enough up the chain. Be sure to use words like "dig" and "take" and "cultural heritage" and "indian bone". And then ...... sure : You will be sure to get the answer to your "pressing question".
    Jim in Idaho and Davers like this.
    Metal detecting is my one worldy vice!

  4. #4

    Oct 2016
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    Researching Treasure Stories Author
    Quote Originally Posted by Tom_in_CA View Post
    That won't be hard. Just keep asking long enough and hard enough, high-enough up the chain. Be sure to use words like "dig" and "take" and "cultural heritage" and "indian bone". And then ...... sure : You will be sure to get the answer to your "pressing question".
    I posted the letter simply because of folks such as yourself Tom. Your advice could lead another to having a ban put in place in another section of the country. This law came to be due to 2 people metal detecting and digging copper age artifacts and listing them on ebay. The listing was spotted and the rest was history.
    MidMoTreasure likes this.

  5. #5

    Mar 2007
    Salinas, CA
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    Quote Originally Posted by Tiredman View Post
    ....Your advice could lead another to having a ban put in place... .
    What advice ? My advice that people can look up laws for themselves ? How does that "bring about bans" ? If there's a ban (such as your letter), they would find it, and are welcome to abide by it. So how is my advice "leading to bans" ?

    Quote Originally Posted by Tiredman View Post
    .... This law came to be due to 2 people metal detecting and digging copper age artifacts and listing them on ebay. The listing was spotted and the rest was history.
    As I said on the other thread: I have a sneaking suspicion that there's more to this story. "Copper age artifacts" are bought and sold all the time, between collectors. Just as other relics, coins, buttons, arrowheads, etc... are bought and sold all the time @ Ebay, etc....

    Thus whatever story you're alluding to, must have more going on. Ie.: someone in the ebay ad saying where it was dug ? AND EVEN THEN, I highly doubt archies troll ebay, watching for ads where provenance is listed. I would very much like to see the original ad's text.

    And if it was found in an illegal area, then .... that simply meant that a law was ALREADY in place. Hence how has the "ad" led to "laws", if they were already in existence ? And if the location was NOT against the law, then .... how has the Ebay ad LED to a law? If that were the true evolution, then I got news for you: An even FASTER way to "bring about laws" (even faster than an ebay ad) is to go asking those very archies , that you say spotted the ad.

    I don't doubt the archie letter, and its enforceability. All I'm saying is: Ask yourself how these things ever evolved, in the first place. And no, it wasn't by virtue of md'rs not picking up the phone, calling around, and asking "Can I detect ?"
    Last edited by Tom_in_CA; Jan 05, 2019 at 05:52 PM.
    Metal detecting is my one worldy vice!

  6. #6
    Charter Member
    us
    Nov 2012
    Maryland
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    "The rest was history", well I don't know anything about that history.
    Davers likes this.

  7. #7
    us
    Nov 2010
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    I think people may want to read the actual government history on this subject before making any decisions about the story being told here.

    It seems the archie who put out this notice in 2012 actually came up with this "detecting is banned" theory while fighting with a couple of State Senators over their efforts to have his department reigned in by a specific law making it clear to his department that detecting DNR managed property is legal without a permit.

    This whole thing is about administrative employees battling elected representatives. Nothing whatsoever about artifacts being sold on eBay. This whole thing took place in 2009 - long before the 2012 letter.

    Here is the official government website link to the PDF that documents the whole affair.

    Maybe the good folks of Wisconsin who do still detect could revive this legislative effort to put the DNR archie in his place?
    Tom_in_CA likes this.

  8. #8

    Oct 2016
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    Researching Treasure Stories Author
    Well think what you wish. In time this will happen elsewhere.

  9. #9

    Oct 2016
    1,697
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    Researching Treasure Stories Author
    Quote Originally Posted by Clay Diggins View Post
    I think people may want to read the actual government history on this subject before making any decisions about the story being told here.

    It seems the archie who put out this notice in 2012 actually came up with this "detecting is banned" theory while fighting with a couple of State Senators over their efforts to have his department reigned in by a specific law making it clear to his department that detecting DNR managed property is legal without a permit.

    This whole thing is about administrative employees battling elected representatives. Nothing whatsoever about artifacts being sold on eBay. This whole thing took place in 2009 - long before the 2012 letter.

    Here is the official government website link to the PDF that documents the whole affair.

    Maybe the good folks of Wisconsin who do still detect could revive this legislative effort to put the DNR archie in his place?
    Your document is 3 years too old, it changed since 2009, compare the names and dates mentioned. But I have read yours, they were very close then to what I claim it is now.

  10. #10

    Mar 2007
    Salinas, CA
    Explorer II, Compass 77b, Tesoro shadow X2
    13,331
    9614 times
    Banner Finds (4)
    Quote Originally Posted by Tiredman View Post
    ... In time this will happen elsewhere.
    And I know just the trick to speed this up. Care to take a guess ?
    Metal detecting is my one worldy vice!

  11. #11

    Oct 2016
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    892 times
    Researching Treasure Stories Author
    Quote Originally Posted by Tom_in_CA View Post
    And I know just the trick to speed this up. Care to take a guess ?
    I could check with several states and see what they have on the books, even send the Wisconsin regulations so they know what I mean.

  12. #12

    Mar 2007
    Salinas, CA
    Explorer II, Compass 77b, Tesoro shadow X2
    13,331
    9614 times
    Banner Finds (4)
    Quote Originally Posted by Tiredman View Post
    I could check with several states and see what they have on the books, even send the Wisconsin regulations so they know what I mean.
    When you say "... check with several states...", do you mean: Look up laws/rules for yourself ? Or do you mean to: Inquire there @ the "powers-that-be" and ask "Hi. What laws/rules do you have regarding md'ing @ your state parks ?"

    If you meant the LATTER, then ... why would you send them the "Wisconsin regulations", so that they "know what you mean" ? That seems like the FASTEST way to "swat hornet's nests". And the fastest way to get a rule/law proposed (or a "policy" implemented/interpreted) to "address this pressing issue".

    I assume you're joking, right ?
    Metal detecting is my one worldy vice!

  13. #13
    us
    Bryan

    Jul 2012
    Mid-Missouri
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    The letter posted by Tiredman only reflects what is actually codified in Wisconsin law.

    https://docs.legis.wisconsin.gov/cod.../001/45/04/3/i

    This is black-letter law, not the opinion of some park ranger or archaeologist.
    Bryan in Mid-Missouri
    "MidMoTreasure" on Youtube

  14. #14
    us
    BILL

    Jul 2015
    s.tier NY
    TESORO, MINELAB, WHITES , GARRETT
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    Won't be long before everybody here will be a criminal ,freedom in America belongs to the illegal aliens ...

  15. #15
    us
    Nov 2010
    The Great Southwest
    3,436
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    Prospecting
    Quote Originally Posted by MidMoTreasure View Post
    The letter posted by Tiredman only reflects what is actually codified in Wisconsin law.

    https://docs.legis.wisconsin.gov/cod.../001/45/04/3/i

    This is black-letter law, not the opinion of some park ranger or archaeologist.
    That's not a law MidMo. It's clearly marked an administrative rule issued from the executive department (Governors office). That rule was never voted on by the legislature.

    Find a law passed by the Wisconsin legislature that prohibits metal detecting. (hint: there are two and they are location specific.)

    The point is that this rule could be changed, eliminated or enforced by the DNR without any input from the legislature. Not a law.

 

 
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