haha. And let me guess: There state & federal Navy Seal commando archies, that lurk behind every tree. Right ? To decide the difference and enforce the "on top visible" versus "had to kick the duff" versus "had to dig it up".
Kind of reminds me of some city that had dreamed up "permits" for detecting in their parks. The permit came with a list of rules to follow. Once of which "no digging deeper than 4 inches" (or some such measurement like that). And I had to chuckle thinking "Sheesk, does anyone follow you around with a ruler , measuring the depths of your holes ??" So too, in cases like what you cite, where the mere act of detecting isn't illegal, then .... for pete's sake, is anyone really splitting hairs watching you as to whether you dug (verses prodded with a screwdriver, versus kicked the duff, blah blah blah).
I have no doubt, that if I walked into city hall here tomorrow, and asked if I could : Stand at Main St. and 4th Ave. tomorrow. And wear a costume made of tree bark, and smear peanut butter and bird-seed on my head. Someone would be sure to tell me I need a parade permit, an advertising variance, and the coastal commission's approval. Contrast to if I just went and did it, I'd be totally ignored. Moral of the story ? Sometimes md'rs ask too many silly questions of bored bureaucrat pencil pushers and purist archies.
I agree on that most times.....
I don't remember his exact words...this was years ago. It was a park ranger that told us that. And I do remember he was kind of eluding to what you said above. Someone has to complain, you have to be "advertising" ....., The it's not fair people etc......Type stuff before the issue was even pushed. Basically he could care less, but couldn't actually tell you that, is what I got from it.
He had to quote some kind of rule since you asked. Then if it did come up....It came to splitting hairs and proving it either way. Like...."First someone has to complain...then we have to see you actually dig." Or you can't go around telling people you moved any soil. Surface find only!
And the exact situation was....They had a site where they said a Civil war camp or maybe even a small battle or something. But the actual location wasn't where they had stuff set up at. It was on the other side of a waterway. I guess not many people knew and just assumed it was where the buildings,plaques, and museum type thing was. So....We asked if we could look in the area where it actually was. That's when we got the answer above, and somehow in the conversation arrow heads came up. For some reason I think it was state owned, I may be wrong on that. It's been a while. I really think he was saying all of that so if we were asked we would say..."Ya, we found it right on top of the ground." Even though he didn't say that. Just my reading between the lines at the time.
I agree with you on most of this kind of stuff with the exception of some "permissions". Most people could care less, until you ask questions, bring attention to yourself,start "advertising'.... etc....Do those things to a certain level and you will get shut down even if legal. or it will fall into a "gray area" and the only way to pursue is a ton of time and money and at that point most just give up.
I've told you this before...We asked a ranger at a "historical" Park with some very old buildings...Bigger place. He said.."Go ahead and detect, if someone complains I'll have to come make you stop, my shift ends at 5." We didn't know the guy, Just started talking to a Ranger and it went from there.... sure it was probably against rules.... But we did it. and the Ranger was fine with it. So......Sometimes even permissions are good! Now, we didn't find anything and we also didn't get carried away, we kind of used our own common sense when people were around..Not just "the ranger said ok, so act like an idiot". And stayed out of main sight, also staying out of the front yard where the people are walking in to look, .......probably where the "good stuff" was!! Our main goal was to get as much area with out a complaint or question.
