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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[High Plains Digger]

Coindigger: I have only one comment for you: The Feds have F-16s. Consider the concept.

In Colorado, the state has claimed the fossils, too. And here, the biggest land owners are the Feds (owns all vertebrate fossils), the second largest is the State ( all fossils) and the 3rd are We, the people, just barely on the chart.

 

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[Au_Fever]

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

Most Corps offices require a permit from them before you can hunt on the property.

 

[Oilfield Diver]

In Texas, the State has jurisdiction all the way to twelve miles offshore - not the Feds. Texas has its own territorial waters - the only State in the Union that does. This was one of the stipulations Texas demanded if it were to return to the Union after the War Between the States. (Texas never officially re-joined the Union as there was not one Texian there to represent Texas at the formal "ruling" by the Federal Government. But that is another story..). Texas owns twelve miles out.. and claims it. If Texas was inclined to feel its oats, it could drill baby drill all the day long.. Oh, and there are three power grids in the United States, the Eastern, the Western, and the Texan. Texas has its own intact inclusive power grid apart from the rest of the Country.. and legally claims jurisdiction of its territorial waters.. Imagine the possibilities..

 

[Roland58]

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

<snip>
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.

.

Breezie,
Does this mean you have to give the Sambo pistol back?

 

[steelheadwill]

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!

It is a tangled web
Nice quote Breezie, and I concur

I carry some federal statutes in my truck (Fed Trumps State)
below is the gist of them from memory.

As far as Navigable (tidal) waterways are concerned, "The public, through the state, owns the land between the high and low water marks. The public's rights in navigable waters include the rights of “fishing, boating, hunting, bathing, taking shellfish, gathering seaweed, cutting sedge, and of passing and repassing, and any other useful or gainful activities"
Happy hunting!

 

[diggummup]

Here in Florida it's up to the actual Park Ranger of that park. There is a state park beach that I hunt, it is right next to a public beach with nothing separating the two. I've talked to Ranger in the past, he said as long as I approach the beach from the public beach and not through the park then he has no problem with me detecting there. Go figure that one.

 

[Irregular]

Here in Florida it's up to the actual Park Ranger of that park. There is a state park beach that I hunt, it is right next to a public beach with nothing separating the two. I've talked to Ranger in the past, he said as long as I approach the beach from the public beach and not through the park then he has no problem with me detecting there. Go figure that one.

That's my kinda Ranger, and little doubt a rarity.

 

[Gilligan]

When I lived in Raleigh, I went to Sandling Beach off Hwy 50 and 98. I was detecting on the beach when the water level had dropped several feet, leaving the waterline at the beach out about 50 feet from normal. I read the sign in the park that said you cannot take any artifacts, rocks, plants or animals out of the park. So I detected where the water would eventually be when the water level came back up to normal. I had detected about 5 minutes when I saw a ranger vehicle in the parking lot. I saw him walking toward me just as I unearthed a small gold herringbone chain. I put it in my pocket just as he approached me. He said I could not detect there. I told him that I am obeying the sign, no artifacts, rocks, plants or animals are being taken by me. He told me no detecting, period. I pressed further, asking where it is written that you cannot detect. He started to get pissed and told me it is written and to just leave. I asked him the number to the head person for the Parks Dept sop I could talk to him. He gave it to me, I called and he said that it is actually written in the regs. I said OK and that issue is solved. No detecting at State or County parks. I saw no harm in detecting on the beach that would eventually be under water when the water level came up to normal, but it is written, apparently, that no detecting allowed. I was sad, because there were a ton of coins and rings to be found with the water level dropped. The reason I know is because back in the early 90's we had a drought and I hit Sandling beach hard for about 8 hrs and found $52 in coins and 7 gold rings, one which I returned to the owner! Nobody messed with me at that time. So I knew that the second time I went would have been killer detecting...but the Ranger was on me like fly on fly paper during that second trip in about 2007. Oh well.

 

[fourleaf]

I also asked the ranger there if I could hunt and he was not very friendly. Maybe I talked to him after you. I was talking with some other local hunters and they said they had heard of some guys going in there at night and hunting the beach under night cover. I would love to detect there since it is only 10 minutes from my house but it is a state park and they said no when I asked. That was all I needed to here.

 

[Gilligan]

I also asked the ranger there if I could hunt and he was not very friendly. Maybe I talked to him after you. I was talking with some other local hunters and they said they had heard of some guys going in there at night and hunting the beach under night cover. I would love to detect there since it is only 10 minutes from my house but it is a state park and they said no when I asked. That was all I needed to here.

Ya, that ranger was not friendly from the start. When I detected at Sandling the first time in the 90's during the drought, the waters edge had gone out about 50 feet. I was using a White's spectrum at the time and I knew that quarters read 87.5 range. I was getting so many coin signals that I would just dig quarters and the low numbers that could mean a ring. That $52 that I found was almost all quarters...then the 7 rings. So I knew the drought the second time would be a killing and I had high hopes...but the ranger messed up my dreams that day. Heck, our taxes pay for the park. Where I am retrieving coins IS GOING TO BE UNDER WATER SOON again, but still no go. A nighttime hunt would be scary...and risky. Good luck to you, Bryan

 

[Lakemonster]

Texas State Parks is by permit only. They dont issue permits anymore.

$350 fine plus loss of detector and recovery tools.

Army Corp of Engineer Projects: Only on previously disturbed areas of no historical value. Items valued over $20 must be turned in and held for like 90 days in case there is a claim.

 

[CoilFisher]

Parks arent always the best place to go all the time. Use your imagination and think of somewhere else, there are dozens of places to go where you won't be bothered. Just fill your holes.

 

[coin_diver]

Bottom Line, no state employee really understands what or why we do by detecting, nor do they care. I for one am sick and tired of needing permission for every thing I want to do.
In NY, public property is to the "mean-high-water-line" which includes flood stage. However, the state office of general services sets aside a buffer for marked swimming areas. So what this means is that during the swim season the bottom lands are considered park land, but once the markers are removed, you guessed it, it becomes navigable water.
Know your local laws.
BTW, I am sick and tired of hearing that "someone left holes" before me. Haven't we in this country established that you cannot hold the whole responsible for the action of a VERY FEW. Can't do it at work, why then in our hobby.
People, the time has come that we challenge the authority that denies us our simple freedom.
Make your argument well founded and persistent.

 

[nopoppy]

[/quote]
It is a tangled web
Nice quote Breezie, and I concur

I carry some federal statutes in my truck (Fed Trumps State)
below is the gist of them from memory.

As far as Navigable (tidal) waterways are concerned, "The public, through the state, owns the land between the high and low water marks. The public's rights in navigable waters include the rights of “fishing, boating, hunting, bathing, taking shellfish, gathering seaweed, cutting sedge, and of passing and repassing, and any other useful or gainful activities"
Happy hunting!
[/quote]

Not so sure about this. Areas here in NC are closed to fishing and shell fish harvesting. Don't get caught doing that in these areas.

 

[Gilligan]

It is a tangled web
Nice quote Breezie, and I concur

I carry some federal statutes in my truck (Fed Trumps State)
below is the gist of them from memory.

As far as Navigable (tidal) waterways are concerned, "The public, through the state, owns the land between the high and low water marks. The public's rights in navigable waters include the rights of “fishing, boating, hunting, bathing, taking shellfish, gathering seaweed, cutting sedge, and of passing and repassing, and any other useful or gainful activities"
Happy hunting!

When we had the last severe drought, you could walk across Falls Lake in many places. People would go out and find arrowheads in the lake that was dry. I read in the newspaper where people did that and it was against the law too! They own it all....water, under the water, the whole deal. Crazy.
[/quote]

Not so sure about this. Areas here in NC are closed to fishing and shell fish harvesting. Don't get caught doing that in these areas.
[/quote]

 

[Mike Silver -gold]

I live near Buffalo N.Y. I have hunted ( water] a certain State park beach for over 20 years. Some times they leave me alone and other times I,m told to leave. This year I hunted for 2 hours when a state trooper told me to get out. I,ll be back next year. Mike.

 

[coin_diver]

Mike,
Have you ever received a permit from the regional NYSP office? I have been doing this for 25 years and can pretty much go anywhere, just need to establish yourself. Best thing is to give them an insurance policy with NYSPRHP on it.
If you have any questions, drop me a PM. Fact is, they can't say no as long as you meet their criteria.

 

[allen]

state parks can keep you off the beaches at their parks,,
and they will have you arrested !