Metal detector laws?

Delaware_Gopher · Dec 31, 2006

Hello everyone,

Anyone know if there are any laws/restrictions on using metal detectors at state or county parks in Delaware? I've searched the internet on all of the state and county pages but nothing is stated. I've submitted an email from one of the state park pages but have not received a reply. I plan on inquiring in person at a state park here in north Delaware, however, just thought I'd post here first.

Also, has anyone hunted at Bringhurst Park off of Carr road in north Delaware? Not sure of the history of this location...there seems to be old concrete structures which indicate a house used to stand there.

Lastly, if anyone is interested in a hunting partner for Delaware/southeast PA/south NJ.....feel free to contact me.

Best,
Brian

surfdog · Jan 4, 2007

Hi Brian,
I know that at Cape Henlopen and the other beach parks you are allowed to hunt from the dune line to the ocean. I am not sure about the other locations.I would be interested in hunting with you,drop me a private message. I am located in Newark.
Best regards,
Bill Tracy

Delaware_Gopher · Jan 9, 2007

I just got off the phone with the New Castle County Parks division regarding the use of MDs in the county parks. They told me that there are no restrictions at this time for any county park, however, those interested in MD hunting should call the Permit Division (ask for "PJ" at 395-5696) just to let them know that someone will be using a MD at a specific time.

Here are the restrictions for State Parks in Delaware:

3.1.6 Use of metal detectors on lands under the jurisdiction of the Division shall be prohibited except during normal park hours in the following areas:

3.1.6.1 Lums Pond State Park swimming area beach;

3.1.6.2 Ocean beaches east of the dune line.

3.1.7 No person shall collect, excavate, injure, destroy or appropriate prehistoric or historic artifacts or human skeletal remains from lands under the jurisdiction of the Division except with written permission from the Director. Violations under this paragraph may be charged under the provisions of 7 Del.C. §5306 or 7 Del.C.

§5411.

3.1.7.1 Possession or use of tools or devices specifically designed for the excavation and removal of artifacts or human skeletal remains shall be deemed prima facie evidence of a violation of this Regulation and will be confiscated, held as evidence and be subject to forfeiture upon conviction.

Best,
Brian

DETREASUREHNTR · Feb 4, 2007

Just a note for the info on the last entry,Lums Pond no longer has a beach/swimming area to hunt.The have blocked it off and planted grass there. That pretty much kills the park area as they do not want people digging all over the place. Now if you walked trough the playground areas and just eye ball I don't think that would be against the rules. -HH

Delaware_Gopher · Feb 9, 2007

Hi DETREASUREHNTR. I was at Lums Pond State Park last weekend and I noticed that the beach was gone. I knew that they stopped swimming but I thought the beach would have stayed.

I'm not too far from you....I'm right off of Appleby Road in New Castle...about a mile north of RT 1.

I walk my dog through the trails by the boat ramps off of RT 71.

Best,
Brian

jl19809 · Jun 25, 2007

Just curious if anyone has ever been asked to show a permit at a county park? Also, it seems like the "permit" is like a one day pass to a specific park. Is this right?

borninok · Jun 25, 2007

All,

Just wanted to pass this website along to you. I use it a lot. At this website, you can determine any state park laws regarding MDng.

http://www.fmdac.org/parks/parks.htm

At this website, you can also view what hunt clubs are available in each of the states.

Cool site.
Happy Hunting
--Mel

borninok

DETREASUREHNTR · Jul 7, 2007

Of the county parks in De,I have never been asked to show anything or bothered by police or rangers. I would imagine that is becuase there are hundreds of them in the state and if I'm not tearing anything up nobody even notices me. I have also gone to several schools in the area around me and have never been bothered. I only visit ones that aren't fenced in and that are not crowded.-HH

Born2Dtect · Aug 13, 2007

3.1.7.1 Possession or use of tools or devices specifically designed for the excavation and removal of artifacts or human skeletal remains shall be deemed prima facie evidence of a violation of this Regulation and will be confiscated, held as evidence and be subject to forfeiture upon conviction.

I hunt in DE at times. This little bit of the regulation is vague. It really leaves a lot to interpretation. Any thoughts by Delaware hunters?

Ed D.

Delaware_Gopher · Dec 5, 2007

DETREASUREHNTR said:
Of the county parks in De,I have never been asked to show anything or bothered by police or rangers.

The only time I've been approached by a police officer in a County Park was earlier this year. I was detecting in a County Park in North Wilmington off of River Road. I was there for about 2 hours and I saw a County Police Car pull into the parking lot. The officer sat in his car for about 5 minutes then started to walk towards me. I saw him but I kept on detecting and figured that he was going to tell me to move along. I knew I had the contact information for the County Parks Division in my wallet so I figured I'd be pulling that out.

The officer approached and asked if I had found anything interesting. His next question was how long had I been metal detecting. I though he meant that day so I said about 2 hours. He laughed and he said, "No, I meant how long have you been in the hobby". He then started to tell me stories of how he used to use a metal detector in the 1980's. I showed him my White's M6 and how detectors advanced over the years. We talked for about 45 minutes or so. Then, he said that he had to get back to work and wished me luck. That was it.

Best,
Brian

RON (PA) · Dec 7, 2007

My brief experience with detecting in Delaware has been on the beaches and state parks. I have never had a problem. I have always called the police/park ranger before I started to check the laws and all has worked out well. Rehoboth Police and Delaware Seashore State Park Ranger are great to deal with in the way. I have hit each beach a few times and have never had a problem with police/rangers at all. Hope it helps.

delaware37 · Dec 7, 2007

i ve been detecting in delaware for year now and never had a probalem with anyone everyone just ask me if i had any luck nd wished me luck

xenaskm · Jan 6, 2008

Hi,

I sent an email to the Delaware State Parks Dept. to ask for clarification the following section of thier regulations. I specifically asked if a sand scoop was allowed to dig for coins or anything else under 50 years old and if digging in sand is considered excavating.

3.1.7.1 Possession or use of tools or devices specifically designed for the excavation and removal of artifacts or human skeletal remains shall be deemed prima facie evidence of a violation of this Regulation and will be confiscated, held as evidence and be subject to forfeiture upon conviction.

The only answer I got was to call each park individually and speak to the Park Manager. I wonder why I couldn't get a simple yes or no.

I found and read the entire regulation on another website and it is very confusing but it states no one is allowed to pick up anything more than 50 years old because it's considered an antique. It doesn't say how one is supposed to know the age of an item just by looking at it, unless it's a coin with a date on it. Seems to me the powers that be don't really want us to pick up anything.

Doubt if this helps clear up any confusion, but I guess the best thing to do if a person is uncertain as to what is and isn't allowed is call each park, or just hunt on private land.

Sue

De.Digger · May 8, 2010

Im with borntodetect on this one. 3.1.7.1 is really vague! It sounds like its OK to go to
a park and detect , but if you use a lesche tool, knife, or a trowel to remove a coin from the ground you are now in violation.

baspinall · Apr 29, 2011

Well nothing has changed. Thought I'd shoot another email. Here is my answer. No State Parks, except Lums Beach which we all no isn't even there anymore.

Hello,

Thank you for inquiring about Wilmington State Parks. Please be advise that metal detecting is not permitted in Delaware State Parks. A list of rules and regulations can be found on our website. I have provided the link below and the rule that applies.

http://www.destateparks.com/rules/

3.1.6

Use of metal detectors on lands under the jurisdiction of the Division shall be prohibited except during normal park hours in the following areas:

3.1.6.1

Lums Pond State Park swimming area beach;

3.1.6.2

Ocean beaches east of the dune line.

3.1.7

No person shall collect, excavate, injure, destroy or appropriate prehistoric or historic artifacts or human skeletal remains from lands under the jurisdiction of the Division except with written permission from the Director. Violations under this paragraph may be charged under the provisions of 7 Del.C. §5306 or 7 Del.C. §5411.

3.1.7.1

Possession or use of tools or devices specifically designed for the excavation and removal of artifacts or human skeletal remains shall be deemed prima facie evidence of a violation of this Regulation and will be confiscated, held as evidence and be subject to forfeiture upon conviction.

Have a nice day!

Tyeast Amankwah

Administrative Specialist

Wilmington State Parks

302-577-7020

Born2Dtect · Apr 29, 2011

Yep about the same as 4 years ago. Sand east of dunes or get permission to detect private, county or town land. Very close to what actually is practiced in Maryland. Even though it is allowed in most state parks from Sept. to May the final say rest with the park rangers and most just say no, with an occasional yes to swimming beaches if they exist.

Ed D.

AGirlGetsDirty · Jul 6, 2014

Delaware_Gopher said:
The only time I've been approached by a police officer in a County Park was earlier this year. I was detecting in a County Park in North Wilmington off of River Road. I was there for about 2 hours and I saw a County Police Car pull into the parking lot. The officer sat in his car for about 5 minutes then started to walk towards me. I saw him but I kept on detecting and figured that he was going to tell me to move along. I knew I had the contact information for the County Parks Division in my wallet so I figured I'd be pulling that out.

The officer approached and asked if I had found anything interesting. His next question was how long had I been metal detecting. I though he meant that day so I said about 2 hours. He laughed and he said, "No, I meant how long have you been in the hobby". He then started to tell me stories of how he used to use a metal detector in the 1980's. I showed him my White's M6 and how detectors advanced over the years. We talked for about 45 minutes or so. Then, he said that he had to get back to work and wished me luck. That was it.

Best,
Brian

Brian, I guess we are neighbors! I found your post when I googled NCC parks because this morning I got kicked out of a county park, so of course I am going to call the Park office and ask about that particular park. Funny thing is I was metaling in mulch, and you really don't have to dig! I have gone to Bringhurst a couple of times, the estate has been pretty much picked clean and you cannot get close to the house. But River Road Park? I am afraid to go there, that is not a good area. I also begged to metal at Bellevue and got the big fat NO.