Metal Detecting Laws for the State of NH and surrounding towns

[angifogg]

I am a little confused about the laws pertaining to metal detecting in NH. I read the NH State Statute Title XIX Section 227-C:12 and to me it sounds like any property owned by the state, its agencies, etc. is permitted as long as it is not recorded as a historic resource or has posted restrictions.

So I can go to a state park and metal detect as long as the above items are not present? Do these rules change when you go to a city park to detect?

So confused about the rules and have a few good sites in mind... I emailed (2) town managers and (1) state contact today with the same question, but received no response....Big Surprise!!

 

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[Scorpio72]

I know this is an old asking about laws thread, but I wanted to post a link to a site in regards to Metal detecting in NH.
MDHTALK - New Hampshire Metal Detecting Law & Regulations

In case anyone wanted this info.
Scorpio72

 

[steelheadwill]

I am a little confused about the laws pertaining to metal detecting in NH. I read the NH State Statute Title XIX Section 227-C:12 and to me it sounds like any property owned by the state, its agencies, etc. is permitted as long as it is not recorded as a historic resource or has posted restrictions.

So I can go to a state park and metal detect as long as the above items are not present? Do these rules change when you go to a city park to detect?

So confused about the rules and have a few good sites in mind... I emailed (2) town managers and (1) state contact today with the same question, but received no response....Big Surprise!!

In short you may not keep any item over 100 years old that was recovered from public land.
Latest fed definitions here: ARPA
MDHTALK - Law: Archaeological Resources Protection Act of 1979
Mding is prohibited in NH state parks except on established beaches or within 25 feet of picnic tables and recreation fields.,
(except with special permission).
City and town bylaws will vary, you're on your own there.
This is my understanding only, I am not an attorney (but i do play one on TV).
Play it safe and stick to the rules. HH

 

[AC1955]

According to the Dept. of Parks and Recreation in NH - their Administrative Rules ALLOW metal detecting in ALL state parks/campgrounds/beaches with the exception of Ondione Point State Park (Portsmouth) and any park designated as an historic site. You may not detect within 25 feet of picnic tables or pavilions. The state asks that you respect people's campsites (do not walk/detect through an occupied site). The woman I spoke with was Monique and I spoke with her late in August 2013. She was sending out a general memo to all the park staff reiterating that MD is allowed.

Hope this clears up some confusion.

 

[steelheadwill]

According to the Dept. of Parks and Recreation in NH - their Administrative Rules ALLOW metal detecting in ALL state parks/campgrounds/beaches with the exception of Ondione Point State Park (Portsmouth) and any park designated as an historic site. You may not detect within 25 feet of picnic tables or pavilions. The state asks that you respect people's campsites (do not walk/detect through an occupied site). The woman I spoke with was Monique and I spoke with her late in August 2013. She was sending out a general memo to all the park staff reiterating that MD is allowed.

Hope this clears up some confusion.

No confusion here, maybe Monique didn't understand the wording here, I read it saying MD is allowed at areas A through G described below.
Saying that you spoke to someone on the phone will not convince LE officials when you are accosted for breaking the law.
State Law trumps "Administrative Rules, unless approved as follows: "(b) Digging and other ground disturbances shall not be permitted at state parks and historic sites except as permitted by the director with concurrence of the department of cultural resources, division of historical resources.
Source. #8532, eff 1-1-06"

BTW, I believe Ordiorne Point SP is in Rye, not Portsmouth.

Here is the link to pertinent NH General Laws/State parks, and the statutes spelled out in message body.

State Park Regulations:http://www.gencourt.state.nh.us/rules/state_agencies/res7300.html

State Park Metal Detecting Rule and Regulation Detail:There are two New Hampshire laws that apply to Metal Detecting.

New Hampshire Code> TITLE XIX — PUBLIC RECREATION

CHAPTER 227-C: HISTORIC PRESERVATION

I. Notwithstanding any provision of this subdivision to the contrary, any person who, prior to the effective date of this subdivision, has acquired historic resources from state lands or waters, which include items commonly known as antiques, may continue to possess or market such items as antiques.
II. Treasure hunting with metal detectors and dowsing rods is exempted from the restrictions of this subdivision on the following lands owned or controlled by the state, its agencies, departments, commissions, and institutions, unless an historic resource on such land has been recorded and restrictions are posted:

(a) Beaches;
(b) Athletic fields;
(c) School grounds;
(d) Perimeters of cemeteries;
(e) Unpaved roads;
(f) Within 25 feet of picnic tables and park pavilions; and
(g) Currently used dumps.

III. No power is conferred by this subdivision upon any official, commission, or other agency of state or local government to close any body of water or portion thereof, or access thereto, on a temporary or permanent basis, to recreational diving, recreational or commercial fishing, scallop dragging, recreational or commercial boating, or lobstering.

Also

CHAPTER Res 7300 PARKS AND RECREATION
Statutory Authority: RSA 12-A:2-c

PART Res 7301 RULES RELATING TO ALL PARKS AND DRED PROPERTIES
Res 7301.19 Metal Detectors.

(a) Metal detectors shall be permitted along the shoreline of state park beaches and at athletic fields, playgrounds, and 25 feet from picnic tables and pavilions, unless otherwise posted.

(b) No person shall use metal detectors at state historic sites, including Odiorne Point state park.

(c) Money or items found whose value is in excess of $5.00 shall be reported to the park manager or regional supervisor.
Source. #8532, eff 1-1-06 (from Res 7301.09)

Res 7301.20 Digging.
(a) Digging shall be permitted on sand beaches with all resulting holes completely filled in. Digging holes to a depth greater than 12 inches shall not be permitted.
(b) Digging and other ground disturbances shall not be permitted at state parks and historic sites except as permitted by the director with concurrence of the department of cultural resources, division of historical resources.
Source. #8532, eff 1-1-06

Res 7301.21 Mineral Collecting.
(a) Mineral exploration and collecting using mechanized equipment or hand tools shall not be permitted on DRED properties, unless permission has been granted by special use permit pursuant to Res 7306.
(b) Mineral exploration and collecting shall not be permitted at geologic sites, natural preserves, historic sites, or at elevations above tree line.
Source. #8532, eff 1-1-06

 

[AC1955]

Thanks for posting the laws.

Anita

 

[Squatty]

Clear as... can be. Angifogg, those rules above apply to the State owned parks and lands. Once you get into the town parks, fields etc., it's up to the town administrators. If you get lucky, they may have a web site that offers guidance. I have found the easiest way to get the answer you need is stop by the local PD, or maybe if you see a groundskeeper, you could stop and ask him. Something about a letter... they don't seem to have the interest to put anything in writing.

 

[NHBandit]

I detected in NH for the past 25 years until moving to Tennessee 2 years ago. If it was public land I just did it. Private land, get permission. Nobody EVER told me I couldn't or stopped me and questioned what I was doing except for one time at Old Hill Village which is under the jurisdiction of the Army Corps of Engineers. Oddly enough there is a large sign there at the entrance listing what is and isn't allowed and it says metal detecting is fine but historical finds should be reported. I had several other times at that location where the ranger stopped and asked me if I was having any luck and let me continue on my way. I suspect the one guy who told me I couldn't simply didn't know what the rules were. If you ask you run the risk of being told no. If you are told no and then you get stopped you can no longer plead ignorance. Just do it... Also go here... Tell them I said hello.. New Hampshire Metal Detecting Forum - Index

 

[creade]

I detected in NH for the past 25 years until moving to Tennessee 2 years ago. If it was public land I just did it. Private land, get permission. Nobody EVER told me I couldn't or stopped me and questioned what I was doing except for one time at Old Hill Village which is under the jurisdiction of the Army Corps of Engineers. Oddly enough there is a large sign there at the entrance listing what is and isn't allowed and it says metal detecting is fine but historical finds should be reported. I had several other times at that location where the ranger stopped and asked me if I was having any luck and let me continue on my way. I suspect the one guy who told me I couldn't simply didn't know what the rules were. If you ask you run the risk of being told no. If you are told no and then you get stopped you can no longer plead ignorance. Just do it... Also go here... Tell them I said hello.. New Hampshire Metal Detecting Forum - Index

I've detected in bear brook and pawtuckaway,they have no issue. I guess bear brook had a park ranger 8 years ago who didn't allow it,thats what their trapper told me.Same in east weare,which is run by army core of engineers.I even had a fish and game official ask me how it was going. never had a problem in any park either .I have heard of people getting kicked out of hill and monsoon though.

 

[Numil]

I wanted to say thanks for the excellent input about MDing in NH.

I originally was born, raised and lived in Manchester until I left for the service decades ago. I'll be returning at least for a couple of weeks in October perhaps permanently and was planning on hitting a park or two where I used to play as a kid. I was looking for suggestions about where else I might try while there?

Thanks in advance.