Beach hunting around state parks question!

[fourleaf]

I called the office at the state park and explained that i knew i couldn't hunt on the state land itself, but i was wondering if you would mind if i hunted the beach areas and in the water? He said that i would have to come through the park to get to the beach so it would not be allowed. I asked " what if i walk around the island on the beach and i am in the water"? He said that the park owns the water too. I said can you explain how the park or state owns the water? that would mean that they own the ocean being that it flows into it. He could not explain. I am posting this because i was told by a fellow MD- ER that the state does not own the beach. I understand that each state has diffrent laws on where you can hunt and below high tides only on the beaches, but that seems a little far fetched to me that i could'nt walk around and hunt. Thanks for the input everyone

 

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[rottonr]

In Wisconsin the DNR controlls all natural water ways and passed a law making it illegal to detect. Will not type my opinion of WI DNR on this subject.

 

[eboy1960]

state parks can keep you off the beaches at their parks,,

 

[Mantis212]

Coming from a LE stand point i wouldnt hunt near or around a state park or national park...There is too much grey area and you don't want to get in trouble detecting on state property. States vary obviously but in TX i believe it is a Class A Misdemeanor and thats not good (fine up to 4000 and pentalty of up to 1 YR in Jail). They can regulate boating, fishing, etc. What makes you think they dont control the waters?

As always state specific laws will prevail however i would avoid it altogether, it can cause trouble for you...

 

[texan connection]

Just went round with a Corp of engineers attendant, and won, corp parks are OK.. with rules. Ive heard of folks asking and getting permission on beaches in state parks but it is illegal.

 

[High Plains Digger]

ALso, anything Federal, I stay away from. National forests, grasslands, etc. Pawnee Nat. Grasslands allows for metal detecting for meteorites, but all artifacts, even 1940s, are verboden. And the ranger said if he caught me near a foundation, known or unknown, buried or on the surface, he would sieze my detector, my car, my dog, and throw me in jail. For relic hunting. By the way, you can detect but not dig. So I assume that National Beaches are probably the same. Someone earlier was told no detecting and digging on beaches, and he asked about sandcastles, but that was ok. Whoever that was, please chime in.

 

[texan connection]

Corp of engineers is federal, and it is legal unless posted.

 

[tubesaft78910]

I own beach front on the Wa. coast. There are portions of the beach than you can drive on, these are considered State Highways and they will ticket you just like you were on the freeway. Here in Puget Sound the tidelands are state so I would imagine the beach is also. I know of no detector issue's but I am sure someone from Wa. will chime in.

 

[High Plains Digger]

Georgia considers the whole river as state property. Can't imagine the beach being any different.

 

[Breezie]

FourLeaf, if you see a hornet's nest, don't try to shoot it down with a BB gun, just go to to a place not owned by State or Federal. Sometimes less said, is best done if you know what I mean. Breezie

Code Book: General Statutes of North Carolina Citation: § 70-15 through § 70-17 Section Title: Archeological Resources Protection Act: prohibited acts and criminal penalties; civil penalties; forfeiture Summary: Prohibits a person from excavating, removing, damaging or otherwise altering or defacing an archeological resource located on state lands, unless acting pursuant to a permit issued under § 70-13. Prohibits a person from selling, purchasing, exchanging, transporting or receiving such archeological resources, or from offering to do so. Declares that a person who violates the above provisions, or employs another person to do so, shall be fined, upon conviction, not more than $2,000 or imprisoned not more than six months, or both, for each day of continued violation. Authorizes the Department of Administration, in consultation with the Department of Cultural Resources, to assess a civil penalty of not more than $5,000 against any person who violates such provisions. Directs the Department of Administration, in determining the amount of the penalty, to consider the extent of the harm caused by the violation and the cost of rectifying the damage. Directs the department to send notice by registered or certified mail of such an assessment to the person being assessed and authorizes the department to institute a civil action in the Superior Court of Wake County if the person being assessed fails to pay the assessment. Authorizes the department to use the assessed funds to rectify the damage to archeological resources or to otherwise effectuate the purposes of this article. Declares that all archeological resources with respect to which a criminal violation has occurred, and all vehicles and equipment used in connection with such violation, shall be subject to forfeiture to the state.

In addition to the ARPA law, if you are metal detecting in North Carolina you need to pay attention to another law that follows ARPA.

National Historic Preservation Act - NHPA.

If you are metal detecting in North Carolina, especially on State Land,
do not dig anything that you believe is an artifact, or anything that is older than 100 years.

If you want to detect on private property, then be sure you get written permission from the landowner.

For metal detecting in North Carolina, town, village and city parks, you'll need to check with those local officials.

 

[fourleaf]

Thanks for the information everyone! As soon as he told me that it wasn't cool I was fine with that. That is why we ask first. I really don't want to go to jail on vacation and I think I will keep my Excalibur 2 out of there grubby hands. I did call the local PD where I am going tomorrow and they said and can only detect below the high tide mark. I will be in the water anyway. Thanks again!

 

[CoinDigger57]

We the people(our ancestors) came to this country for the freedom it offered. Now this country treats us citizens like we are the problems. This is a socialist/communist government that we the people can change.

 

[NolanTheExplorer]

We the people(our ancestors) came to this country for the freedom it offered. Now this country treats us citizens like we are the problems. This is a socialist/communist government that we the people can change.

Sadly some diggers give us all a bad name and hence these laws should apply.

 

[Chocadog]

We the people(our ancestors) came to this country for the freedom it offered. Now this country treats us citizens like we are the problems. This is a socialist/communist government that we the people can change.

I am not sure what you are suggesting?

 

[bofusmosby]

In Florida, any state owned or controlled lands above and below water are considered off limits, unless permission is granted. As far as why so many parks are off limits....well.......I have an answer. I have been detecting for over 40 years, and in that time, I have seen many "idiots" with detectors, that because of their own greed or thoughtlessness, they leave a park, playground or school yard looking like a mine-field. They are so worried about finding their next "goody", they fail to cover their holes. When they dig a hole, they REALLY dig a hole. You know, like a crater. I still see this being done today. This doesn't explain it all, but this is the reason why a lot of places are now off limits today.

 

[Ifoundit69]

Here is the deal with state parks , they go under the relic laws and also under state and federal law . If its a man made beach you could get permission most of the time with a special permit and you cannot remove or touch anything over 100 years old , if its a natural beach you cannot metal detect at all unless you are a archeoligist . Each state is different like in North carolina many public beach's are off limits becuase of the finds from black beards wreck . Hope the info helps ! Remember we just pay taxes to support a federal government that owns everything ! Our freedom was lost in the 1980's !

 

[kevkirki]

Im with coindigger....something needs to change!!!!

 

[West Jersey Detecting]

It is like banning hunting because someone might shoot an endangered species.

 

[texan connection]

http://forum.treasurenet.com/index.php/topic,418723.msg2986543.html#msg2986543

http://cfr.vlex.com/vid/327-14-public-property-19772261

 

[ANTIQUARIAN]

Living in Canada, I'm obviously not able to comment on your State laws. But, here in Ontario we are permitted to hunt the beach at our Provincial Parks, though we're not allowed to hunt on the land. There's no detecting of any kind permitted anywhere in our National Parks though.

Interesting question fourleaf!

Dave