The Code of Maryland Regulations (COMAR 08.07.06.18) states:
Relics, Treasures, and Metal Detectors.
A. The policy of the Service is to safeguard the archeological resources under its care. The guidelines in B and C of this regulation shall be followed.
B. Without a permit from the Office of Archeology, Maryland Historical Trust, Department of Housing and Community Development, and the Department, an individual may not dig in search of buried relics or treasures, remove prehistoric or historic artifacts, or use metal detectors, except as provided in §D of this regulation, within the boundaries of lands, beaches, or under waters controlled by the Service.
C. Permits are issued to archeologists and other qualified individuals who present a plan for scientific investigation to be carried out under provisions of the Maryland Archeological Historic Properties Act, Article 83B, 5-623-----5-628, Annotated Code of Maryland. Copies of the law and application for permit can be obtained from the Chief, Office of Archeology, Maryland Historical Trust, 100 Community Place, Crownsville, MD 21032.
D. Metal Detector Exception.
(1) An exception to the permit requirements of this regulation is for the use of a metal detector in the search for modern coins, jewelry, and other items on designated swimming beaches operated by the Service, with the exceptions of Point Lookout and Calvert Cliffs.
(2) An individual shall obtain permission to use a metal detector as set forth in this regulation from the Service.
(3) A metal detector may be used during normal park hours with the following exceptions:
(a) 9 a.m. through dusk from May 30 through Labor Day; and
(b) Other times at the discretion of the park manager.
Paragraph (3) above is what is typically posted at most parks in the conspicuous public areas. Each park area has administrative and maintenance personnel that are DNR employees. These personnel, including the park manager, have no law enforcement or arrest authority but will attempt to enforce the regulations. In the event a law enforcement officer is needed, the park officer will call the local DNR Police using his/her handheld transceiver.
Paragraph D.(3)(b) is invoked by park managers during special events such as when a Seafood Festival or Polar Bear Swim is taking place. The term "normal park hours" in paragraph. D(3) has been the source of confusion, particularly at parks that have "day use areas" that are open to campers for jogging, swimming, fishing and boating during pre-dawn hours.
One question that arises is, how far out from shore does the "Park" extend, that is, beyond what distance are you no longer "in the State Park." Once beyond the designated beach swimming area you are in Maryland waters that are not subject to the above " D. Metal Detector Exception" and are thus prohibited from using a metal detector by paragraph C, unless you have a permit.
POLICY
The COMAR 08.07.06.18 Metal Detector Exception authorizes park managers to limit the use of metal detectors at their discretion. Accordingly, park and regional managers have established policies for each park which define days and hours that metal detecting is permitted. The policy for each park may or may not be posted. It is therefore incumbent for metal detectorists to determine what the policy is by contacting park staff periodically, keeping in mind that policy varies from park to park.
Following is a list of Maryland State Parks having beach swimming areas, showing the Park Managers' policies for metal detecting in the beach area:
Western Region Parks
Greenbrier State Park Permits the use of metal detectors in the search for modern coins, jewelry, etc. on swimming the beach and in adjacent swimming area. These devices may be used during normal park hours except from 9:00 a.m. (6:00 a.m. for campers) to dusk from May 30 through Labor Day.
Cunningham Falls State Park Metal detecting is prohibited Memorial Day weekend through Labor Day weekend. It is permitted from the Tuesday after Labor Day to the Thursday before Memorial Day normal Park hours.
Deep Creek Lake State Park Metal detecting is prohibited Memorial Day weekend through Labor Day weekend. It is permitted from the Tuesday after Labor Day to the Thursday before Memorial Day normal Park hours.
Rocky Gap State Park Permits the use of metal detectors in the search for modern coins, jewelry, etc. on swimming the beach and in adjacent swimming areas with two exceptions. These devices may be used during normal Park hours except a. From 9:00 a.m. to dusk from May 30 through Labor Day, and b. On Campers beach register campers only may access this area from 7:00 a.m. to dusk during the time that the campground is open for the season (typically Mid to end of April through the 2nd weekend in December)
Herrington Manor State Park Metal detecting maybe done during normal Park hours during the year. Exceptions to this policy are as follows from May 30 through Labor Day it is allowed from 9:00 am to Dusk and during this time period would not be allowed if it would interrupt the recreation of other park visitors.
New Germany State Park Metal detecting is prohibited Memorial Day weekend through Labor Day weekend. It is permitted from the Tuesday after Labor Day to the Thursday before Memorial Day normal Park hours.
Eastern Region Parks
Assateague Island State Park policy is that metal detectors are not allowed from Memorial Day through Labor Day and are only allowed on the beach (not in the campground at any time). Individuals going to the park during the permitted times need to follow regular park entrance procedures (having appropriate entrance pass or paying day use service charges). However, if clubs or large groups wish to metal detect, park management should be contacted beforehand.
Janes Island State Park policy is that metal detectors may be used during normal park hours with the following two exceptions: (1) from 9 a.m. through dusk from May 30 through Labor Day, and (2) other times at the discretion of the park manager. Note: Swimming beach is assessable only by boat.
Central Region Parks
Elk Neck State Park policy is that detecting is allowed as stated in the COMAR, but you are first required to check-in at the park office.
Gunpowder Falls State Park policy prohibits metal detecting from Memorial Day thru Labor Day. Otherwise, metal detectors may be used in beach areas during normal park hours.
Hart-Miller Island State Park policy is that detecting is allowed as stated in the COMAR.
North Point State Park policy prohibits use of metal detectors at all times.
Southern Region Parks
Greenwell State Park policy prohibits metal detecting at all times.
Point Lookout and Calvert Cliffs State Parks As stated above, metal detecting is specifically prohibited by COMAR.
Sandy Point State Park policy allows metal detecting from park opening to 9:00 am Memorial Day thru Labor Day. Otherwise, metal detectors may be used in beach areas during normal park hours. (Note: Gate normally opens at 6:00am)