Is it legal or not metal detecting on creek,river in WV?

[Amona]

Hi All

I'm planning to metal detecting in an area in WV where is not state property but public, exactly in a creek. I'm not sure to detect a remove something that I find.Creek and small river is my target

Thanks in advance

Amona

 

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[corklabus]

The only place that I know for sure that is illegal is within the limits of any State or Federal Park area. Basically, 1000 feet either side of New River or within boundaries of ANY State park. Also, any properties controlled by the Army corp of Engineers, lakes dams etc,: What you are considering, if considered "public" is probably under one of these governing agencies.
However....."creeks" are more than likely on private property of some type in this State and therefore probably huntable with permission, providing you can locate the owner. Small rivers may also fall into this catagory, but extensive research on either of these matters is probably the safest solution. If you are not a full time resident of the State, you may find it difficult to just "pop out and hunt" unless you have permission on private property. In any case, enjoy the hobby and good luck.

 

[corklabus]

As an after thought......creeks and small rivers brings to mind things like arrowheads and such. It's awfully hard to prove you didn't just go for a walk, got lost and happened along that way. What you have in your pockets is your personal property.

 

[Amona]

corklabus

Thanks for the information that you posted here. Basically I like to share with you some map because I from Maryland and I don't like to get trouble with the enforcement there in WV.I like to detect in an area where there is no state park, wildlife refugee,forest park,etc. Apparently the area is private property. Please look the map and let me know.

 

[Amona]

Thanks for that information. By the way, I'm not looking for "Peddlar's Cache" or any Civil war payroll. I have another target in agenda.Definitely you gave me a good advice and I will follow it.

Thanks again

Amona

 

[Amona]

By the way,I'm very open mind as treasure hunter and I'm able to enjoy in team of two to detect in WV.If somebody is interested please send me a PM

Thanks

Amona

 

[corklabus]

Just off the top of my head.......The area on your map is more than likely privately owned. There could be any number of interesting things to be hunting for in that area. One other thing about land ownership all over this State is that a large majority of wooded areas are either owned by, or least by, timber and land companies of some sort. Some of these companies can be friendly about things while others generally are not and usually hard to locate a person of authority to grant such permissions. Coal companies are also heavily involved in keeping possession of such lands.
You most definitely want to research who actually has legal possesion of the land you wish to investigate.

 

[diggemall]

If I am not mistaken, Federal law provides that any "navigable" waterway and its embankments is public up to the regular high water mark. "Navigable" means that you can float a canoe in it during high water. There are probably some on here that can better define this, but that is my understanding.

Keep in mind though, that regardless of the law, there are certainly property owners that don't view it as public; if it crosses their land, they think you have NO rights, and may act accordingly, right, wrong, or indifferent.

Diggem'

 

[Amona]

Because I would detect only on the banks of any creek in that area, I would make my research before.

Amona

 

[wildrider]

In KY and I think in most navigable places, the water is public, but the land beneath it belongs to the folks on either side of the creek, with the dividing line in the center.

 

[Amona]

Beale

I take your word.I don't like to deal with those kind of guy that still are living the medieval times, with guns, pretending to kill an human be just to cross the land that they own.If a guy cross my property, armed,with weapons on hand, of course, I will shoot, but a simple guy that is metal detecting,..please give me a break!!!

Amona

 

[corklabus]

I think I would do my research as best I could and make up my own mind as to whether or not to pursue my objectives. I would take Mr. Beals' advice under consideration, but not necessarily as law of the land. He seems to have been everywhere and knows nearly all there is to be known about every treasure ever lost or recovered. This may well be true. I don't wish to degrade the man in any way. I just believe in trusting in my own judgement after taking all things into consideration.
Yes, there are all sorts of strange people in this world and each wants to protect what they consider belongs to them, but courtsesy and honesty can still get you a long way with most ordinary people.

 

[corklabus]

Beal......In no way did I attempt to question your integrity. My intention was to promote decisions being made by ones' personal research and interests taking all possible information into consideration.
Ever since I joined this site, I have repeatedly enjoyed many of your posts on many different topics even though some of them became so extensive and argumentative that I skipped over a lot about the Confederate Treasury. Most everything you've posted has been informative regardless of which way the topic tilted.
As for actually hunting any treasure.......so far the treasures I found have been the enjoyment of the topics on the site itself. Even though I live smack in a heavily traveled Civil War area, I haven't the time to even hunt my own property due to providing care and assistance to my disabled wife.
I enjoy the site greatly and in no way meant you any disrespect. On another note, there could possibly be something else in that area that might be of interest to someone, but since you described a particular item, I would imagine you were pretty close to target.

 

[cw0909]

Beale

I take your word.I don't like to deal with those kind of guy that still are living the medieval times, with guns, pretending to kill an human be just to cross the land that they own.If a guy cross my property, armed,with weapons on hand, of course, I will shoot, but a simple guy that is metal detecting,..please give me a break!!!

Amona

the landowner is not the only thing, you would have to deal with
it is not advisable to hunt alone, even with permission
their are the snakes aplenty, cooperheads, rattlesnake, and a water snake
i dont remember what its called and a nasty spider or two
then there is the land its self, once you leave a road dirt,paved, gravel
and into the wood, it becomes danger danger will robinson
if you slip on a root, rock, loose soil, ect. a bad fall
could result in a severe cut, broken bone/s head injury.
if you get permission i suggest you get a local to go with if you can.
but without being friends or family, that is unlikely
the folks there take issue with treaspassing, and that the way they would look
at it if they came up on you on there land.they dont call it wild wonderful w.va.
for nothing
good luck and HH

 

[Philvis]

My mom is from Mingo County in southwest WV, and I can tell you first hand, strangers are not welcome in those parts. Now especially, strangers are not welcome for the fact there is a rampant drug problem in southern WV and they don't trust anyone they do not know. Seriously Amona, unless you are on very public land, you really should have a local with you. People won't hesitate to pull a gun and use it.

 

[truckinbutch]

My mom is from Mingo County in southwest WV, and I can tell you first hand, strangers are not welcome in those parts. Now especially, strangers are not welcome for the fact there is a rampant drug problem in southern WV and they don't trust anyone they do not know. Seriously Amona, unless you are on very public land, you really should have a local with you. People won't hesitate to pull a gun and use it.

Yup.

 

[Mudpie]

Not exactly true everyone.

1. It is illegal to metal detect or archeologically dig on any federal property. This includes federally protected civil war location- Carnifax Ferry, Cheat Mountain etc. However, many civil war winter camps and smaller civil war sites are open for detecting. It is always wise to gain permission from the property owners. Laurel Mountain, Rich Mountain, Philippi are not federally protected...yet. Always wise to check local ordinances first. The hardest part of metal detecting is research!

2. Corp of Engineer property can be detected. ie Tygart Lake, etc. A memo was released by COE years ago to address this issue. I prefer diving the beach areas with my White's Dual Field.

"According to an official memorandum of policy from the Directorate of Civil Works and dated March 10, 1989, metal detectors are allowed under certain conditions. The use of metal detectors will be allowed on public beaches or other previously disturbed areas, that do not contain or would not reasonably be expected to contain archaeological, historical, or paleontological resources. Nonidentifiable items, such as coins of nominal value ($25.00 or less) do not need to be deposited with the natural resource manager or ranger. Identifiable items (rings, watches, etc.) or items of greater than nominal value will be deposited with the natural resource manager or ranger. Digging shall be limited to hand tools that can be used by one hand only. Hand tools shall be limited to 4 inches wide and 12 inches long. All trash uncovered must be removed and placed in an approved trash receptacle. All soil disturbed or displaced shall be returned to its original state. In addition, we would ask that any such approved use of metal detectors take place during times when it will not interfere with the public's recreational use of an area, i.e. not on busy weekends at beaches and recreation areas."

3. Many cities have their ordinances online. Read very carefully.

4. Again, always ask permission.

 

[scott33party]

today in my yard I was metal deteting and I have found my very first 1914 silver coin just woundering if it mite be worth anything its a BARBAR dime im from Morgantown wv