Marylanders its on!!!!

[missmetaldetectingdiva]

I wanted to metal detect the Potomac River and was told by DNR that it was illegal. Then they told me I had to get a permit. Well, I just got off the phone with the head of the Dept of Archeology who is in charge of the waters and teaches the classes to the DNR guys and she said they had it all wrong that I CAN metal detect and that as long as I was waist deep waters that she didn't see a problem with it. Said that I can only five up to five items at a time of value and anything over that needs to be handed over and to take her name and number with me incase the DNR gives me any more problems! She is also emailing me the regulations to show them to show them if they confront me.

Needless to say today on this rainy dreary day.. I WILL BE AT THE POTOMAC RIVER!!!!!

 

[worldtalker]

Hope you find that silver dollar old George threw!!!!!!!!!GodBless HH Chris

 

[allan]

Good luck and watch the deep muck along the banks, I lost a perfectly good sneaker there, about 2 foot down. Nope , do not want it back lol

 

[Frankn]

Diva, how about giving us the name and number and posting the rules when you get them. "There's gold in that there river." That is between Great Falls and Cabin John Bridge.
Frank

 

[Tom_in_CA]

Just curious: how did you phrase your initial question to the DNR? Was it akin to "may I metal detect?" or was it: "are there any prohibitions against metal detecting?" Do you see the big difference? The former question sounds like you're asking their opinion, or their permission, or if they think something stupid could be morphed to apply (don't disturb the flowers, or whatever). The latter way of phrasing it specifically puts the burden on the person you're asking to cite an actual rule, if it existed.

But in any case, your situation just goes to show, that if you ask enough persons ANYTHING, you will eventually find someone to tell you "no". You'd be surpised how many people would've stopped at your first step, and simply believed that detecting was illegal. And then they'd spread the word, and all the other md'rs would believe it too, and keep passing the word around (afterall, you wouldn't want your friends to get "arrested" would you?). And then 20 yrs. later, it's just taken as fact. Or a bunch of people start petitions, solidarity, and "fight it". Then, if there weren't any actual specific rule, higher ups simply issue a "clarification" or "Memo" or simply make a rule, to "address this pressing issue". All because people felt the need to grovel and ask permission, sanctions, etc.... It's as if we can be our own worst enemy, eh? Ie.: no one cared, UNTIL YOU ASKED!

As for the final "yes" you got, it's strange that that "yes" came from an archaeologist. Seems they'd be the first to say "no" (even if no actual rule existed) to any md'r, since they're typically against all md'ing. I mean, that would be sort of like asking the president of PETA "can I leave my pet bunny in the car while I run into 7-11 to get a slurpee?"

In any case, even though the archie said "didn't see a problem with it", how much you want to make a bet that if you asked long enough, and hard enough, of various different levels of persons (like if you returned back to the DNR people with her letter in hand), that you might indeed find something that ... if morphed in some silly way ....... could be made to apply to you? Ie.: cultural heritage junk, etc... (but .... of course ...... your math never was that good on determining ages of coins anyhow, right? )

 

[Georges Minelab Safari]

Good luck and let us know what you find. Im also a Marylander. AA co.

 

[Frankn]

Here's another fact. State parks are open to metal detecting day after Labor day to day before Memorial day. Be aware, there are exceptions.
Frank

 

[missmetaldetectingdiva]

Not the Hagerstown City Park... they have a county ordinance against it..

 

[Frankn]

Diva, By state parks, I meant parks run by the state of Maryland. Frank

 

[s.c.shooter]

Found out today that one can metal detect Corps of Engineer property. If there are any big lakes near you.

 

[bearbqd]

Heck, just check with aquachigger. He's been hunting the rivers for 30+ years including Maryland and the potomac.

 

[OBN]

RIPARIAN RIGHTS
Maryland's Court of Appeals has described riparian rights as follows:

“It is well established that the title to land under navigable water is in the State of Maryland, subject to the paramount right of the United States to protect navigation in the navigable waters.
In the United States a general rule is that riparian owners along tidal, navigable waters own to the high water mark." What this all means is from the High tide line out is public waters. But First and most important thing is not to cross state owned land and have permission to access the water if from private property Or come in by boat.
I have had a few run In's with the DNR in Maryland, One event with the DNR was with a Restaurant, they though they owned the water in the Bay behind there place..they called the police, the police came, they called the DNR. DNR knew there stuff, told the owner of the place the water is public up to the Hightide line.
Next was recently, month ago, 4 am to 7 am planned hunt (IN the Water) at a local beach that is NOT huntable from Memorial Day to Labor Day (All Summer), and a State Park. 6 am, park ranger shows up on the shore, waves and walks away..6:15 2 more show, this time it is the Park Manager & another..Alot of talking and crossed arms, one leaves and then 20 minutes later..The Dark Green Truck pulls up..DNR, alot of talking, pointing..but no motion or words were spoken to us..Reason..we came in by boat. If we would have entered from the park, they would have had all rights to arrest us, but Riparian Rights gave us the right to all water up to the HT line. We left without a problem at 7 am......by boat. Now a couple things I have heard where you may have a problem would be if the area is historical, this is just hear say....And maybe one other thing would be is if the Potomac's Tidal....

Good Luck, PM me and let me know how you do..... take a friend and wear PFD's

 

[MBbeachrat]

Can you post the regulations for us to read? Thanks

 

[missmetaldetectingdiva]

Great news!! I just got an email from Susan Langley the lady who heads the dept that issues the permits in Maryland and she is coming to Maryland to meet me THIS SUNDAY and wants to see the area that the DNR is saying that I can not md on!!

We are supposed to meet this Sunday so I will keep ya'll updated on what she says. I told her this is GREAT because DNR guys are always there and so if its true that I can detect that area then she can set the DNR guys straight!!!!!!!

 

[Tom_in_CA]

Well, I wish you luck, but something tells me it's going to be fraught with problems. Because anytime you get a bunch of desk-bound bureaucrats, from different govt. agencies together, being asked to approve of something, is the fastest way to get nowhere.

For example: in my town, there is absolutely no problem with walking out to the sandbox, in the park, and metal detecting. No one's ever cared, and it's simply gone on, since the dawn of the invention of detectors. However, I bet that if I gathered all the city council men, the mayor, the city lawyer, the local archaeologist, and various other bureaucrats together to "sign off" on my activity, what do you think would happen? Somehow, some way, there'd be something that could be morphed to "address the pressing question" with a no.

 

[missmetaldetectingdiva]

Tom the DNR told me I could NOT detect the Potomac River that is why I went to the higher ups because she disagreed with what they were saying and wanted to see the area for herself.

 

[Tom_in_CA]

miss-md'ing, well this is what I'm still not understanding then: how did the DNR enter into this, to begin with? Or did they see you out there, and come out and say something? That's the part I'm not clear on.

Because to expand the example I gave above of the "sand box" in my city's park, then I too could perhaps have "asked" a person, gotten a "no" (like yours with the DNR) and ........ then assembled all the councilmen, mayor, archaeologist, my attorneys, etc... to try to get clarification. And if anyone had asked me "why the big fuss?", I might answer much like your answer: Because so & so told me I couldn't. But this just begs the question, how did "so & so" enter in to the discussion, at the start?

check this out: http://forum.treasurenet.com/index.php/topic,249049.0.html

 

[missmetaldetectingdiva]

Because people fish,boat and get high there, DNR guys ALWAYS hang out at the river!!

 

[Tom_in_CA]

So they saw you md'ing, and booted you? Or are you saying you asked beforehand, because " ..... DNR guys ALWAYS hang out at the river"?

 

[sjarchangel]

I think a distinction must be noted here between DNR (Dept. of Natural Resources) and NRP (Natural Resources (State) Police. They are different entities, and have different enforcement powers.

:-)