Chesapeake bay, underwater... I promise I have tried to find the answer...

[Blowtorch]

Okay, I swear I have searched and read all I can but I am still confused. Can someone tell me factually; can I jump over the side of my boat with a metal detector and search the bottom of the Chesapeake bay? Maybe off of Sandy Point...or elsewhere... Is it or is it not illegal? Cannot get a clear bead on the answer. I am not talking about taking Indian bones or sacred amulets or ... whatever, but coins and jewelry... can I or no? Maybe around islands in the rivers... crime or not? Please, no references to a 1980's case... I know I know... but today in 2017, what's the deal? Thanks in a advance and I am sorry if the answer is here and I failed to locate it.

 

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[Blowtorch]

I guess this means I am not the only one who doesn't know...

 

[WhiteTornado]

I only know state law as it pertains to state parks, and that says you can detect the beach areas only. Now as far as out further in deeper water? Not sure. I'll check with a few local club members to see if they are aware of any such laws.

 

[WhiteTornado]

I found this older thread which may help:

http://www.treasurenet.com/forums/maryland/372069-river-underwater-detecting-maryland.html

 

[Introfiant]

If it's a state park ask the ranger. I believe you can hunt but only in the water. If it's fed, I'd just avoid it all together.

 

[Tom_in_CA]

If it's a state park ask the ranger. I believe you can hunt but only in the water. If it's fed, I'd just avoid it all together.

Sure, he can ask a ranger. But be prepared for the "safe" answer, when in fact, perhaps that ranger would never have given a moment's thought to this "pressing question".

And I'm confused: 1) I'm assuming it's not illegal to have a boat there. 2) I'm assuming it's not illegal to swim or dive there. Ok then .... 3) HOW THE HECK does anyone know what someone is doing at the lake-bottom ? I mean, are there rangers stationed down there with scuba gear checking on park-goers ? I mean, seriously now, who is underwater who could even remotely care less ?

Me thinks you're over-thinking this. You're merely down there looking for your wedding ring you lost their last week.

 

[Blowtorch]

I like it!

 

[coin_diver]

Mean High Water! You are free to roam and dive up to that mark so when a local sheriff asks you to come up on shore to "chat" stay in the water. Only when you are inside a marked swimming area does the park have jurisdiction. Besides, not many people will bother you when you spend a couple of hrs on the bottom.
Have fun, be safe and remember....find nothing!

 

[Goldfleks]

I can just imagine a sheriff wading into the water to chase after a guy with a scuba kit.

 

[Tom_in_CA]

I can just imagine a sheriff wading into the water to chase after a guy with a scuba kit.

Oh Most Certainly. Because standing on the shore of the lake, he most certainly can see the guy at the bottom of the lake with the detector. Of course

 

[Goldfleks]

Body cams can see everything! "puts on tin foil hat"

 

[kcm]

I actually fully agree with Tom on this one...especially when combined with what Coin_Diver said in Post #8. If it's OK to boat, and it's OK to dive, and it's not a specific swimming area or zoned for anything else, then there should be no problem. Then again, this is logic talking - and laws aren't always logical!

So long as it's not posted, the worst anyone can do is ask you to stop detecting underwater. But if they did, I'd dang well (strongly) request they provide some sort of justification for their decision!!

 

[Hitndahed]

Mean High Water! You are free to roam and dive up to that mark so when a local sheriff asks you to come up on shore to "chat" stay in the water. Only when you are inside a marked swimming area does the park have jurisdiction. Besides, not many people will bother you when you spend a couple of hrs on the bottom.
Have fun, be safe and remember....find nothing!

The "law" is words,,,and words are the law.
I had an old friend who was a lawyer before he passed and he used that statement a LOT.
Be very mindful of the laws regarding "mean" levels.
He COULD go specific and if you are above that mark,, holding a detector,,, you will probably get into some issue.

Blacks Law dictionary is incredible,,, so many "words" have meanings that are so obscure or NOT defined as we (non lawyer types)
would define a word.

Legaleze,,lol

 

[Charlie P. (NY)]

Original poster was talking Chesapeake Bay.

I think the visibility underwater is terrible, but may not be.

In the Sandy Point State Park it may not be allowed (local parks in NY do allow off season detecting at the beach). My thoughts is most folks paying any attention would be looking for crabs and clams rather than metal detecting.

http://dnr.maryland.gov/publiclands/Documents/SandyPointFAQs.pdf

Ask, and ye shall find.

Is metal detecting allowed in the park?Metal detecting is permitted in Sandy Point State Park in the sandy beach areas only. From Memorial Day through Labor Day, detecting is restricted to 6:00am-9:00am, otherwise metal detecting on the beach is permitted during normal park operating hours.

 

[WhiteTornado]

Here is another link someone sent me. It still seems to leave the question of deeper waters somewhat vague. I would say unless you're in a historic area or environmentally-sensitive area, it's probably fine.

MetalDetecting

 

[Goldfleks]

Why is swinging a detector so terrible that they don't allow it during peak beach hours. Did they have an issue with people detecting in and around people's towels or something? I really can't remember any time when I was on the beach that I ever saw someone with a detector bothering anyone. People's annoying kids running around kicking sand, or guys kicking footballs are infinitely more annoying.

I'm sure Tom will reply with, "Some guys asked if he could detect, and the guys behind the desk decided to put "hours" on it because he was asked. And if no one had asked you would be allowed to detect at all hours."

But I'm genuinely curious how that came to be. I find most beachgoers are curious when I'm swinging my coil and always ask what I found. Kids are really curious and always want to know what's in the hole when I hit a target. And I feel like the beach is the most innocent area to detect as the "damage" from digging in the sand is nonexistant.

 

[Tom_in_CA]

Why is swinging a detector so terrible that they don't allow it during peak beach hours. ..... I'm sure Tom will reply with, "Some guys asked if he could detect, and the guys behind the desk decided to put "hours" on it because he was asked......

Well, one thing's for sure: Even if such "pressing issues" coming across their desk didn't put the idea of regulating in their mind: That no matter WHAT the origin of genius idea, they will never say "Because someone asked". Their answer will always be something like "bothering others on beach blankets" (or "holes" or "cultural heritage", etc...)

It's entirely possible that ... sure: Some ranger was out and about and saw an md'r annoying someone. So they decided to put curfew on it. That's possible.

But it's also possible that the only reason they dream up a rule, is the perpetual question coming across their desk "can I?". Especially for this issue of "peak hours". Because I agree: How in the world is that an issue ? I can not imagine md'ing annoying anyone, any more so than someone flying frisbees or tossing a nerf football would be.

 

[Tom_in_CA]

And on that note, I heard of a group of guys who gathered a time or two each month to fly their RC controlled airplanes at some sort of vacant city un-developed land. This went on for years, and the group of hobbyists never had an issue. Then one day, one of the RC control plane hobbyist approached the city to inquire if insurance was needed. Because, .... bless his little heart .... he'd read that some model plane hobbyists in some other city of some other state, had been required by their city to get insurance (the planes might crash on someone after all, eh ?).

The city then drafted all sorts of restrictions, rules, ins. requirements, curfews, etc.... Get it ? Hence, yes it can happen.

 

[Goldfleks]

Well, I can't speak for the Chesapeake Bay, but for Crystal Cove State Park Beach in CA you are fine and dandy to swing your coil, the park ranger drove past 2x without a word. I was kinda hoping he would stop as I had a nasty piece of rusty barbed wire in my sack ready to show him if he said anything! This is one of those nature reserve beaches with the signs everywhere that said don't touch anything, no collecting, save the fishes, etc.

Following Tom's advice, I refrained from asking the young lady at the toll booth if I was OK to use my detector on the beach when I arrived. But good lord you guys have me paranoid about swinging my coil. To the point that when I stepped out on the beach and saw all the signs:

NO COLLECTING or disturbing, in any way, plants, seeds, tidepool animals, rocks, shells, or pieces of shells. (This part wasn't on the sign: Fifty pounds of beach driftwood may be collected per day, or one piece if it is over 50 lbs.)

I went right instead of left because left had the lifeguard/ranger station. Common sense indicates that the sign refers to the little sea creatures depicted next to the warning, and not to coins and trash. And I obviously wasn't going to take my detector and shovel into the tide pools classified as a protected marine area. I should have read this on-line before, as I could have taken home some driftwood! Funny how the sign left off the parts about what you can TAKE, but not the parts about what you CAN'T.

Good luck down there if you go diving! And pray you don't run into any scuba police!

 

[Keppy]

Just go jump in i don' think any one will bother you . Now me that is what i would do jump in . I always hunt like that with no problems . Like i said before every one worries to much .You want trouble ask then 9 times of out 10 you will be sorry . Do not ask 10 times out of 10 you will not be sorry.