Laws on detecting in rivers and streams

[chisel]

Hello, Was just wandering if someone can tell me the law on rivers and streams metal detecting. Can you detect in the water legally?

 

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[ron lord]

It all depends on what State you want to hunt in !

 

[wvplug]

It all depends on what State you want to hunt in !

Okay............that's the easy part. I know the state. Now what?

 

[chisel]

How about Md

 

[wvplug]

I know that in WV the state claims ownership of the waters and its resources. But I don't know where or if there are any laws/regulations for detecting and I don't know where one would look for such laws.

 

[Beach Papa]

I guess there are a couple of issues. 1.) Is the stream bottom private property. I know of several states where an individual can own the stream/river bottom. I have heard of rules that you could go down the river in a boat because the state owns the water, but not stop and walk on the private river bottom. So is the area you want to hunt private property? 2.) Do some states prohibit metal detecting in all rivers and streams. Probably not, I am not aware of such rules, but it would be worth asking department of natural resources or some other state agency if you are concerned in your state. I do know that states/counties/cities do restrict metal detecting in some parks and historical areas. Chances are if you are allowed to swim in the river you are allowed to metal detect in the river, but your call if you want to ask a state official to be sure. Happy Hunting. Beach Papa

 

[OBN]

Maryland is a tuff state to detect any where, I would contact Aquachigger he can tell you a lot more on that. I do know State Parks and Historical areas are off limits. Also there if there is anything dug over 100 years old the area is consider under "Maryland Submerged Archaeological Historical Property Act"...So if you do dig something that maybe be over 100 years old just don't tell where you dug it....Or they may consider the area historical....

Where you are located there has to be a lot of good water hunting, do your research, and get out and explore, old railway crossing, fords, old maps....etc... and watch aquachiggers vid's, he not to far from you....

 

[bigscoop]

There are so many laws, effecting so many departments, "good luck" finding anyone willing to commit to an answer in writing. In other words, in many states, no single department has sole effect or authority.

One term to research is "navigable waterways".....this term having little to do with boats, but rather it just means that the waterway was/is used as a means of navigation, by boat, by foot, or any other means of travel. So this term can even apply to the smallest of creeks.

Good luck....as weeding through all these various laws can be a real task.

 

[rc2125]

search for your state's "Riparian rights" , sholud define where you can/can't go, who own's what part of the waterways or land under the water/etc, and go from there..

 

[chisel]

Thanks for all the help

 

[heathgeo]

Thanks for all the help

What part of MD? I'm in Salisbury..

 

[chisel]

Boonsboro and frederick

 

[heathgeo]

Boonsboro and frederick

Ahh you're way over there lol
I really don't think anyone will say anything to you for metal detecting in a stream unless you're in a state park..
Now if you hunt county parks just contact the parks dept..
I got permission to hunt parks in one county but the neighbouring county said no due to liability issues.

 

[Tom_in_CA]

Don't confuse state rules (like ..... something you might read on the FMDAC list) with other entities within the state (city, county, fed, etc...) Also, not all state land is state PARK land. So even if you DID find something "dire sounding" in state park verbage for MD, that doesn't mean "all state land". It would just mean state parks.. But to be honest with you, let's cut to the chase here: heathgeo is right: Just avoid obvious state park type historic nature monument type stuff. But as for run-of-the-mill other forms of creeks, rivers, etc.... running along road right of ways, or city or county type no-frills landscape ...... do you really think anyone cares ?

 

[mnruxpin]

love this guys videos, specially the one where hes pullin all the old halves and silver out, very knowledgeable hard working digger

Maryland is a tuff state to detect any where, I would contact Aquachigger he can tell you a lot more on that. I do know State Parks and Historical areas are off limits. Also there if there is anything dug over 100 years old the area is consider under "Maryland Submerged Archaeological Historical Property Act"...So if you do dig something that maybe be over 100 years old just don't tell where you dug it....Or they may consider the area historical....

Where you are located there has to be a lot of good water hunting, do your research, and get out and explore, old railway crossing, fords, old maps....etc... and watch aquachiggers vid's, he not to far from you....

 

[hacksaw]

I guess there are a couple of issues. 1.) Is the stream bottom private property. I know of several states where an individual can own the stream/river bottom. I have heard of rules that you could go down the river in a boat because the state owns the water, but not stop and walk on the private river bottom. So is the area you want to hunt private property? 2.) Do some states prohibit metal detecting in all rivers and streams. Probably not, I am not aware of such rules, but it would be worth asking department of natural resources or some other state agency if you are concerned in your state. I do know that states/counties/cities do restrict metal detecting in some parks and historical areas. Chances are if you are allowed to swim in the river you are allowed to metal detect in the river, but your call if you want to ask a state official to be sure. Happy Hunting. Beach Papa

In fla the level of the highest point that the river rose to is the mean high water line and is public property,
I detect the water in streams and lakes and I don't have any problems, I was arrested for trespassing but
the charges were dropped when I told them the laws stating the mean high water line..
Have a hour and check your state..happy hunting

 

[OBN]

Annapolis Maryland area, from several years ago. John had hunted this location many times before, just this time someone noticed and called. Sad is, the stuff just sets there in the water wasting away now.

Treasure Hunting Maryland | Md. charges 3 in excavation of South River treasures - Baltimore Sun


And John gave me good advice when I talked to him about something similar that had happened to me, John said if there is a problem from shore just leave...and come back a different day.

 

[Prestigitation Digger]

Kinda crazy how so many topics collide or are the same. http://www.treasurenet.com/forums/metal-detecting/302935-who-owns-river.html

 

[Landlord Jim]

The rivers that are "navigable" by a kayak are public lands held in trust by the state for recreational use by the public. This means yes you can detect in a river or stream. The adjacent owners property only goes to the high water line NOT the middle of the river. The Supreme court of the US has ruled so.