Virginia Metal Detecting Laws

[LadyDigger]

Does anyone know if you are allowed to metal detect on the beaches (specifically the VA Beach boardwalk/resort area) at night? We will be visiting my daughter at the end of the month and will be busy during the days with the granddaughters and will probably hit the beach after the sun goes down and the crowds are gone. We stayed on the beach the last time we were there and it seemed like people were roaming around the beach at all hours so I'm assuming the beach is open to the public 24/7. We're in Calif. and typically detect the Santa Cruz Boardwalk beach at night after the boardwalk closes since it doesn't close at sunset like the State beaches do.

Yes, you may detect 24/7 on the oceanfront....however, it can get very dark. Take a head lamp or some sort of flashlight with you and please make sure you are not alone. Safety in numbers, esp in the dark. We have detected from sundown to midnight before, but there were alot of folks on the beach still! I had my kids with me, but that's when I learned to bring a light with me LOL..so I could read my detector and see what I was digging up! Enjoy and have fun! Safe Travels!

 

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[dmc161]

Thanks for the quick reply! Yes, we always have flashlights with us, both handheld ones and a couple that are mounted either to the detector or the sand scoop. My husband is the only one who actually detects, I am stuck with being his digger/sand scooper, at least until we break down and buy another detector. Thank you for the info!

 

[newbob]

Virginia State Police employees cannot give legal advice, nor interpret the law for members of the public or other agencies. The information provided below is for general guidance purposes only and may not apply to all factual situations. Persons needing legal advice should contact the Virginia State Bar, their own legal advisor or the Virginia Lawyer’s Referral Service at 1-800-552-7977. The Virginia State Police has no authority to issue binding advisory opinions regarding the application of the law. Persons may still be criminally and/or civilly liable for violations of the law and it is incumbent upon them to comply with Virginia law when in the Commonwealth.
I am unaware of any state statute prohibiting the use of metal detectors. However, you must have permission from the landowner (privately owned, locally owned, state owned or federally owned) in order to use these devices on their land. You may wish to consult Title 16, Chapter 1b — Archaeological Resources Protection, Title 16, Section 431 — National Monuments; Reservation of Lands;
Relinquishment of Private Claims, Title 16, Section 432 — Permits to Examine Ruins, Excavations, and Gathering of Objects; Regulations, Title 16, Section 433 — American Antiquities, Title 18, Section 641 — Public Money, Property or Records, Title 43, Section 1701 — Federal Land Policy and Management Act and Title 30 - Mineral Lands and Mining of the Federal Code for more information. You may also wish to access the Virginia Code at this website http://leg1.state.va.us/000/src.htm for more information.
I hope this information is helpful to you.

Daniel B. Wilson
Virginia State Police
Legal Specialist, Insurance Fraud Program
Bureau of Criminal Investigation
(804) 674-4668

 

[Narthoniel]

Great post, thanks to everyone for sharing their knowledge and research with reguards to the legality of it all, I personally greatly appreciate the information.
Anthony

 

[Amona]

i go to a local school now and then and have had no problems, however, i did'nt ask and nobody asked any questions i even saw the sheriff go by a couple of times he did'nt even slow down. this was on a sunday early so there was'nt many people out yet. there is a park close to me here in culpeper that won't even let you have a detector in yor vehicle.

I think the county gov. needs to concentrate on the gang infiltration and other problems in our society and not people having "inocent fun"
- just a thought

JC

I agree with you. This is a good information for me because I'm planning to detect around Culpeper and New Baltimore in the future, maybe you can help me.

Amona

 

[DavyJonesLocker]

Roanoke County parks no law against metal detectors but can not disturb the soil or environment surroundings in shape or form

 

[newbieprospector]

Roanoke County parks no law against metal detectors but can not disturb the soil or environment surroundings in shape or form

So you can look for it and locate it....but you can't dig it!!!

 

[bdw9714]

Just wanted to add what I found about Roanoke, VA:

No particular codes referencing metal detecting, but here's what I did find. I hope it helps someone.


----------------------------
Sec. 21-29. - Trespass or encroachment on city property.

Any person who shall trespass upon any public property of the city, not used for public thoroughfares, passageways or for uses of the public, or who shall deposit materials or encroach upon any such property owned, held or controlled by the city shall be guilty of a Class 4 misdemeanor.

Sec. 21-35. - Unlawful entry on church or school property.

It shall be unlawful for any person, without the consent of some person authorized to give such consent, to go or enter upon, in the nighttime, the premises or property of any church or upon any school property for any purposes other than to attend a meeting or service held or conducted in such church or school property. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.

Sec. 24-91. - [Public Park] Closing hours.

(a) The public parks of the city shall be closed between the hours of 11:00 p.m. and 6:00 a.m., daily, and unless otherwise specifically provided, it shall be unlawful for any person to enter or remain in any such park during those hours.

 

[bdw9714]

Also,

Roanoke County parks no law against metal detectors but can not disturb the soil or environment surroundings in shape or form

That law specifically prohibits disturbing the soil or environment surroundings in a significant way that could impact erosion and there are exemptions to this rule. Check out municode dot com for more information:

Sec. 11.1-4 Exemptions from chapter:
(1) Minor land disturbing activities such as home gardens and individual home landscaping, repairs or maintenance work;
(9) Disturbed areas of less than two thousand (2,000) square feet provided that the purpose of the land disturbing activity is not related to the clearing, grading, excavating, filling, or transporting of dirt, rocks, stumps or other material, to or from another separate lot for which a land disturbing permit has been issued and otherwise authorized under the provisions of this chapter, and provided that such activities are not in conjunction with individual lots in a residential subdivision;

 

[Hopefull Hunter]

Yes you can, but be advised that some homeless sleep out on the beach. Also dont get run over by the sand rake around 4 in the morning. I dont think they rake Sandbridge .I live about 20 minutes from Sandbridge. It is a nice quiet place. The strip probably is better for finding stuff but busier.

 

[last1found]

HH, can you tell me if the beach areas in front of ocean-front properties at Sandbridge can be hunted as "public property," or does the homeowner own the beach in front of his home?

I can offer another confirmation of open access to Virginia Beach oceanfront and parks. I've hunted in the VB area several times.

Suggestions for those desiring to hunt on municipal property:
1.) Ask permission of the highest official having jurisdiction over the land you want to hunt, i.e. ask the Director of Parks and Rec for hunting city parks (not the guy who collects the trash in the parks).
2.) Always make a note of the name of the person granting you permission, his/her title, and the date.

Making friends among municipal managers can help you not only in other departments in your own hometown but also in other towns. Don't be afraid to mention that you gave been given permission to hunt all municipal property (or all the city parks) in --------burg, for example. Then follow the FMDAC Code of Ethics!

I do a lot of profitable hunting on municipal property and in municipal parks where permission has been granted. And, as a bonus, I've been given access to areas of which other hunters are not even aware.

Yes, it's a hobby, but treat it like a business!

 

[Orbitz]

I'm glad I live in Norfolk where there are no ridiculous laws, I go to any park in the city and just go at it, nobody says anything, and that's the way it should
be, I always fill in my holes and never leave trash, It's the hunters that don't respect the parks that give us a bad name.

 

[jrsmith5352]

New guy here. I contacted the City of Chesapeake regarding park property and was told, "although there are no specific laws prohibiting metal detecting on city park property, City Code 50-3 Park Property specifically prohibits digging of any kind. This is a Class I misdemeanor."

Being myself I asked, "What if I call Miss Utility and respect the marks?" I didn't get the laugh I was looking for.

 

[1981Eagle]

Thanks for all the information!

 

[VBCurt]

1981Eagle. There is a certain depth that is considered digging. You can ask the park supervisor, like I did and had no problem. She told me not on the walking trail or road, which are made of dirt. And cover holes. Yes mama.

 

[Idetect]

I've been waiting to hear from the town manager at Colonial Beach. No word yet. Anyone know about that location?

 

[DamonIII]

just moved to Norfolk, Va and am looking for a place for me and my family to go metal detecting at. we have done it in the yard and got a few coins but we are just out looking to have a good family weekend

 

[turbolwf]

Looking to detect the Dismal Swamp Canal Trail (old Route 17) at Ballahack Road but can't seem to find any rules or laws about being able to search this area. So far you said all parks are a go but just wanted to check and see if anyone knows if this place is off limits. It is not a federal park and there is civil war trail there. Thanks

 

[Ohspoot]

iI live in the North Chesterfield/Richmond area. I have an original Minelab Explorer and I just got a new Minelab Explorer SE Pro but have never done any real metal detecting (due to my extreme lack of knowledge). I was hoping to find some or even one club in the area but nothing! I was hoping some one in my area could help me learn how and what to do and maybe get a little club started. I'm dying to detect on my property, there were homes and other structures here and I'm right down the road from a Civil War arsenal.

 

[kevin24018]

I'm new sorry to potentially resurrect a dead thread but....if you go to the municode site and look up chapter 8.1 EROSION AND SEDIMENT CONTROL PLAN and chapter 15 Parks and recreation, you can dig/md, unless someone finds something different.