Are all waterways considered public use and therefore legal for MDing?

[100acre]

I was planning a trip to Uwharrie NF and river this coming weekend but I just found out MD's are illegal there. I thought all waterways were legal for detecting. Did I miss something? Is there a resource for determining the legality for MDing in various states waterways? Thanks

 

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[Tom_in_CA]

What are you considering "legal" versus "illegal" ? Express allowances? Lack of express prohibitions (Ie.: silent on the subject) ?

I'm sure that if you asked long enough and hard enough, of enough Archies, that you can *always* find a rule that can be construed to result in "no md'ing".

Moral of the story? = Don't ask bored archies silly questions.

 

[cudamark]

There should be published rules and definitions regarding waterways in a particular area. One of the key determinations is whether it's a navigable waterway or not. Also, who owns it, and/or what agency governs the section you want to search. That last bit should be spelled out on a tax assessor plat map found at the local government offices, or if you're lucky, online.

 

[Tom_in_CA]

There should be published rules and definitions regarding waterways in a particular area.....

Correct. Eg.: dogs on leash, closes at sunset, etc.... If nothing there specifically said "no detecting ", then presto, it's not prohibited.

And if the issue is the mere act of being there ( like, is the public allowed there at all), I would use the reality test: if other people walk along the banks of that Waterway, then I would consider metal detecting to be just as innocuous as their activity.

 

[Deft Tones]

Depends on yourstate law. In my state one can use the river channel up to the normal high water mark. Do what you will just dont step out of the banks.

In some places like Texas, the property owner has rights to the channel too. Those rivers would be permission only.

 

[HobbyHuntress]

This expired last year, if they haven't reissued it, you're golden (I would think...)

http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5379632.pdf

 

[Tom_in_CA]

Hobby-huntress, interesting link. I have links from NFS saying that it is expressly allowed. Albeit for modern coins ( which, humorously, one link defines as 100 years old or more). And for prospecting (nuggets). So as far as I've been concerned, NFS is fair game. I've never had trouble in any of them.

 

[Tom_in_CA]

But I suppose the quickest way to put an end to that, is for a bunch of md'rs you keep showing up and inquiring " can I metal detect?" Then various sectors might dream up links and letters like yours did.

 

[100acre]

Thanks everyone for your input. I'm beginning to really dislike the over reaching arm of government.

 

[100acre]

What's an Archie?

 

[100acre]

What are you considering "legal" versus "illegal" ? Express allowances? Lack of express prohibitions (Ie.: silent on the subject) ?

I'm sure that if you asked long enough and hard enough, of enough Archies, that you can *always* find a rule that can be construed to result in "no


Moral of the story? = Don't ask bored archies silly questions.

What is an Archie?

 

[Tom_in_CA]

"Archie" = archaeologist.

100 acre: Here's a simple rule of thumb: Just avoid obvious historic sensitive landmarks. For all other parks, schools, beaches, forests, waterways, I just go. Unless there were a sign saying "no metal detecting", or unless it's an obvious sacred monument (Ghettysburg, Shiloh, Bodie, etc...).

Otherwise, you'll spend all your time fretting yourself over minutia which is akin to spitting-on-sidewalks types-laws. Sure, don't throw caution to the wind. But on the other hand, when it comes to something as innocuous as a waterway, I think you're way-over-thinking this.

 

[100acre]

"Archie" = archaeologist.

100 acre: Here's a simple rule of thumb: Just avoid obvious historic sensitive landmarks. For all other parks, schools, beaches, forests, waterways, I just go. Unless there were a sign saying "no metal detecting", or unless it's an obvious sacred monument (Ghettysburg, Shiloh, Bodie, etc...).

Otherwise, you'll spend all your time fretting yourself over minutia which is akin to spitting-on-sidewalks types-laws. Sure, don't throw caution to the wind. But on the other hand, when it comes to something as innocuous as a waterway, I think you're way-over-thinking this.

Thank you!

 

[Chipperi]

I am right next door to you in TN...Most water here is controlled by the TVA all lakes and feeders are considered TVA/Federal property a big no no. Do your research carefully.

 

[NC_Fishbone]

I am right next door to you in TN...Most water here is controlled by the TVA all lakes and feeders are considered TVA/Federal property a big no no. Do your research carefully.

Do you or anyone else know where to begin researching?
Does anyone in North Carolina do any river/creek hunting?

 

[Ice Scratcher]

Do you or anyone else know where to begin researching?
Does anyone in North Carolina do any river/creek hunting?

.

As far as water goes..

For any state, everything you need to know and more can be pretty much found by googling this phrase.

"Riparian rights in (your state)″

It won't say anything about detecting, it will be about what is considered public vs private, and where you can legally be..

If you are allowed to be there, you can pretty much engage in whatever legal activities they allow on that type of public lands in that area...

<°)))>{

 

[Tom_in_CA]

..... If you are allowed to be there, you can pretty much engage in whatever legal activities they allow....

thanx for chiming in Ice-scratcher. The only thing I would add to your post, is that we can also re-phrase the "they allow" part to be phrased "whatever legal activities are not dis-allowed". In other words: An activity need-not-be expressly "allowed". Like for example: You will not see an express allowance stating: "frisbee flying allowed here". So one assumes they can fly frisbees, if they see no prohibition to the contrary. Same for md'ing then .

 

[Ice Scratcher]

thanx for chiming in Ice-scratcher. The only thing I would add to your post, is that we can also re-phrase the "they allow" part to be phrased "whatever legal activities are not dis-allowed". In other words: An activity need-not-be expressly "allowed". Like for example: You will not see an express allowance stating: "frisbee flying allowed here". So one assumes they can fly frisbees, if they see no prohibition to the contrary. Same for md'ing then .

Makes sense to me^

<°)))>{

 

[alabama11]

I am sure that in Alabama all NFS lands are protected by the archaeological protection act or arpa law. TVA has federal jurisdiction over the Tennessee River and has arpa laws which include $10000. fines. Fish and Wildlife has been the most agressive in law enforcement and have helicopters in order to stop illegal digging. I went to their office and ask in person. They said NO. Federal and State lands are not a good place to get busted. Besides, there are plenty of other places to hunt by permission on private land.

 

[Tom_in_CA]

I am sure that in Alabama all NFS lands are protected by the archaeological protection act or arpa law......

I won't comment on the part of your post regarding TVA. But as for the NFS part : Yes, it's subject to Arpa. Hence so long as items you find aren't 50 yrs. old or older, you're fine. And some have even said the cutoff is 100 yrs. But either way: You're fine so long as you're angling for modern items. In fact, NFS even has express ALLOWANCE for md'ing (versus being simply silent on the subject):

http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5261774.pdf

Then it's just left up to your math skills, eh ? And no, I have never heard of "helicopters" roaming around for the sole purpose of "stopping illegal digging". Do you have any links to this ? And even if someone were to question you, fine, show them the link above that NFS is not disallowed, and be sure you don't have any 50+ yr. old coins on your person . In my 40 yrs. of this, I have never had anyone armed with a calculator come up to me doing the math on the age of each coin I find. But it's ok: I never find coins older than 50 yrs. old anyhow.

Just avoid obvious historic sensitive monuments.