I'm not understanding this quote. On the one hand, you say that the rules are silent on the subject of md'ing. Right ? Ie.: metal detecting, per-se, is not mentioned. Right ? But then on the other hand, you go on to say that "metal detecting isn't allowed".
Ok, so which is it ?
Or are you referring to the boiler-plate verbiage about "alter, deface, dig, cut", etc... ? If those catch-all things automatically mean: No md'ing, then I got news for you: That type language exists in EVERY SINGLE PARK (and beach, and forest, and desert, etc...) in the entire USA. But as you can see, there is no shortage of people md'ing in parks, beaches, forests, etc.... Right ? And (gasp) every single one of them "cuts" or "alters" in the act of retrieving targets. Right ?
All such language applies to the END RESULT. So if you leave no trace, then presto: You have not alterED or defacED or cut anything, right ? And I doubt you can cite a single "arrest" for someone who was md'ing, via the "cutting" and "digging" language. If you can cite ANY "arrest" for md'ing, it will be for someone who was being obnoxious, couldn't take a warning, or was night-sneaking obvious historic sensitive monuments.
As for those particular places that you cite that either A) have a "permit" or B) "don't allow" it, I'll bet I know exactly how those things originated. And no ..... it wasn't because of holes.
I’m not sure how my comment could be confusing. I merely gave a brief synopsis (per my recollection) of the wording used (by the state of NJ) to convey the rules/regulations regarding actions conducted on WMA property.
I did not state that the rules are “silent” regarding the use of metal detectors on state property (in this case WMA land). I did say, per my recollection, that the rules did not specifically mention metal detecting (turns out I was wrong in that regard — the rules specifically prohibit metal detecting on WMA properties).
“The following are prohibited: camping, swimming, picnicking, dumping, cutting or damaging vegetation, removing timber or firewood, alcoholic beverages, metal detecting, geocaching, paddleboards (except for fishing; no use allowed at Split Rock Reservoir) and fires.”
https://www.nj.gov/dep/fgw/wmaregs.htm
The rules do mention specific actions that are forbidden (on WMA properties) — cutting vegetation, damaging vegetation, digging, etc..
(BTW — while digging is not listed in the provided list of prohibited activities, it is specifically listed on the various signs posted at the WMA properties in my vicinity — therefore I must assume that digging is specifically prohibited).
Such prohibitions provide ample ammunition for a zealous prosecutor to make a successful case against someone caught metal detecting on WMA property; as the mere act of recovering a target typically requires digging (to some degree) as well as some cutting of vegetation.
The rules are written with enough vagueness to allow for a broad interpretation. In this case the vegetation doesn’t have to be damaged; merely cutting vegetation is enough to be on the wrong side of the law.
I’m not saying I like the fact that the stated rules/laws can be interpreted pretty much however a prosecutor decides. I’m just noting the reality of the situation — a detectorist would be hard pressed to convince a judge that the act of target recovery didn’t violate the stated prohibitions. And that’s assuming metal detecting wasn’t specifically prohibited — which it is (on WMA properties).
The End Result isn’t a matter of whether the vegetation was damaged, or not. The End Result is that the person caught metal detecting (on WMA property) can be prosecuted — even if the rules didn’t specifically prohibit metal detecting. Just digging and/or cutting vegetation is a violation; damaging the vegetation is just one more charge that could be tacked on.
I know of two individuals who were ticketed for metal detecting on local state property (not WMA property). Both were caught metal detecting on “preserved land” - land that the state purchased or took over, for the purpose of preservation (essentially land that is allowed to return to a natural state — or as I call it — a non-revenue generating mess of weeds and trash).
I received the information by way of a NJ State Trooper (I know him personally) — he told me that two individuals had been ticketed (for metal detecting on preserve land). I do not know the individuals, nor do I know the sentence/fine received.
I get the message you’re sending: calling attention (needlessly) to activities that a reasonable person would deem perfectly legal is detrimental to the activity (metal detecting). For the most part I happen to agree with you (hence the reason I suggested that the OP look up the actual laws himself/herself).
I have no doubt that asking for permission (from some government employee) to metal detect will often lead to answers based on ignorance and bias.
However…
I likewise believe that blindly metal detecting wherever one wishes is far more harmful (to the sport) than asking some government employee for their blessing. Holes or not.
It only takes one misguided government employee, with a bloated sense of empowerment, seeing someone engaging in an activity that they (the govt employee) don’t condone, to push for legislation that restricts (or prohibits) rights.
NJ is somewhat infamous for that very thing.
I don’t have to like it (and I don’t) — but I do have to recognize it and abide by the rules (whether I like them or not (and I often don’t like them). Not knowing the law — or how it can be used against me — won’t save me from being prosecuted if I violate said law.