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Is it legal to detect parks?
- Thread starter Bajanick
- Start date
Good question. In a city or other municipality, the only way to know for sure is to contact your local code folks. City Hall, that is. Where I live, they could care less. In other places it is strictly taboo.
Public schools are generally open, although not so for private ones. You gotta ask.
State Parks are normally off limits without permission of some sort, and Federal properties are normally just plain off limits - no permission given. Being caught detecting in such places without express permission can lead to confiscation of all your equipment - including vehicles, campers, etc. - and jail time if there is some reason to be sensitive, such as on or in proximity to, an historical site. "Tennis Shoe" hunting in these places is fraught with peril, so watch out! But, it never hurts to ask.
"Open areas," though, is pretty vague. What is a vacant tract of unused land to you - ripe for the plundering - will undoubtedly belong to somebody. It's wise to be apprised of the fact that in this country there are such things as property ownership rights and rulings to govern the violation if said rights, known as trespass laws.
On most vacant lots and generally neglected places, there really is little chance of prosecuted infraction, since in the main, no one cares. But, you wanna bank on that?? The fact that you are there "treasure hunting" (for that's how it will be perceived) will only add gas to the flames if you're up against a "victimized landowner" and haven't secured permission. John Q. Public, at large, has no clue about metal detecting and you WILL be in the wrong if caught and charges are pressed.
Can your detector be confiscated? Absolutely. Will it be? If you are violating trespass or other posted laws - very likely. Under certain jurisdictions, far worse can occur, as well.
Ignorance is no excuse. Find out and either abide... or take your chances.
Public schools are generally open, although not so for private ones. You gotta ask.
State Parks are normally off limits without permission of some sort, and Federal properties are normally just plain off limits - no permission given. Being caught detecting in such places without express permission can lead to confiscation of all your equipment - including vehicles, campers, etc. - and jail time if there is some reason to be sensitive, such as on or in proximity to, an historical site. "Tennis Shoe" hunting in these places is fraught with peril, so watch out! But, it never hurts to ask.
"Open areas," though, is pretty vague. What is a vacant tract of unused land to you - ripe for the plundering - will undoubtedly belong to somebody. It's wise to be apprised of the fact that in this country there are such things as property ownership rights and rulings to govern the violation if said rights, known as trespass laws.
On most vacant lots and generally neglected places, there really is little chance of prosecuted infraction, since in the main, no one cares. But, you wanna bank on that?? The fact that you are there "treasure hunting" (for that's how it will be perceived) will only add gas to the flames if you're up against a "victimized landowner" and haven't secured permission. John Q. Public, at large, has no clue about metal detecting and you WILL be in the wrong if caught and charges are pressed.
Can your detector be confiscated? Absolutely. Will it be? If you are violating trespass or other posted laws - very likely. Under certain jurisdictions, far worse can occur, as well.
Ignorance is no excuse. Find out and either abide... or take your chances.
Most all public parks, schools, boulevards, churches, and ballfields plus fairground is OK to detect. The state park you have to check as each state is different, federal land is a no no.
Now you have to use some common sense too, like don't detect a school yard when school is going on, or right before or after school when a lot of kids are in the school yard. This goes for churches too. Another thing is never carry a shovel or a bigger digger while detecting as it give a wrong impression. Have a trash bag with you to put all the trash in too you dig and when you dig make sure you pinpoint the best you can and dig the smallest you can.
Legally all public property is OK to detect unless there is sign saying otherwise, if ask to leave I alway do. On boulevards I find the best time is during the day when most work and if ask to leave I just move to the next yard. I also will not detect a well manicured lawn. Like I say most is common sense.
Now you have to use some common sense too, like don't detect a school yard when school is going on, or right before or after school when a lot of kids are in the school yard. This goes for churches too. Another thing is never carry a shovel or a bigger digger while detecting as it give a wrong impression. Have a trash bag with you to put all the trash in too you dig and when you dig make sure you pinpoint the best you can and dig the smallest you can.
Legally all public property is OK to detect unless there is sign saying otherwise, if ask to leave I alway do. On boulevards I find the best time is during the day when most work and if ask to leave I just move to the next yard. I also will not detect a well manicured lawn. Like I say most is common sense.
Well, I would hate to have my very expensive detector confiscated and would probably fight before I let someone take it. I plan on detecting in the late afternoon on sundays as to not arouse curiosity and early in the morning when it is very cold.
If you are in the wrong and you assault a landowner, you can most definitely add jail time to equipment confiscation.
If you feel you should detect so as not to "arouse curisosity", doing so in the cold and essentially in the dark, then I suggest you take a long look within - your motives are already suspect. Be careful, my friend. You are treading on thin ice.
David
If you are in the wrong and you assault a landowner, you can most definitely add jail time to equipment confiscation.
If you feel you should detect so as not to "arouse curisosity", doing so in the cold and essentially in the dark, then I suggest you take a long look within - your motives are already suspect. Be careful, my friend. You are treading on thin ice.
David
Mike Hillis
Well-known member
I really get ticked off when I read posts like yours where a guy won't take the time to find out whats legal to detect and whats not. Sneaky is not good. Sneaky will get you in trouble. Sneaky will get you in front of a Judge quicker than you can whine "I didn't know". And you know what...if your doing the sneaky...you deserve it. and next you know, your Sneaky will get lawful detectorists banned from areas that were open before.
Public property...what is it? Find out for your area. You screw up, you screw it up for all of us. Public schools, Public parks, Public Right of Way areas, these are usually ok, but you need to check. Public parks usually have some sort of excavation prohibition, but nothing specific to metal detecting, or again, they might. Battlefield towns can have ordinance specific to metal detecting, which can include big fines along with losing your equipment.
Church grounds are not public property. They are private property. The state doesn't own them. Get permission before you hunt them. Otherwise, you and Mr Policeman get to talk about trespassing charges.
Most of this can be found online for your town or city. If not, a quick trip to city hall will answer all your questions. Ask to see or get a copy of the city ordinances. Then just spend some time reading.
Vacant property...find out who owns it, and get permission. Get the address, call the county tax assessors office, give them the address and they can tell you who owns it and their address and phone number (sometimes they do not have phone numbers) Those people don't bite and don't care why you are asking and will give you whatever info they have.
All state parks have rules. Easy to get online, or in person. Find out before Mr Ranger takes your equipment and you get a court date in your mailbox.
It only takes alittle time to check these things out. Once you know, you can be bold, not fearful. Geez man...what fun is it if you are always looking over your shoulder?
Do the right thing! For all of us! and follow the Detectorist Code of Ethics!
Mike Hillis
Public property...what is it? Find out for your area. You screw up, you screw it up for all of us. Public schools, Public parks, Public Right of Way areas, these are usually ok, but you need to check. Public parks usually have some sort of excavation prohibition, but nothing specific to metal detecting, or again, they might. Battlefield towns can have ordinance specific to metal detecting, which can include big fines along with losing your equipment.
Church grounds are not public property. They are private property. The state doesn't own them. Get permission before you hunt them. Otherwise, you and Mr Policeman get to talk about trespassing charges.
Most of this can be found online for your town or city. If not, a quick trip to city hall will answer all your questions. Ask to see or get a copy of the city ordinances. Then just spend some time reading.
Vacant property...find out who owns it, and get permission. Get the address, call the county tax assessors office, give them the address and they can tell you who owns it and their address and phone number (sometimes they do not have phone numbers) Those people don't bite and don't care why you are asking and will give you whatever info they have.
All state parks have rules. Easy to get online, or in person. Find out before Mr Ranger takes your equipment and you get a court date in your mailbox.
It only takes alittle time to check these things out. Once you know, you can be bold, not fearful. Geez man...what fun is it if you are always looking over your shoulder?
Do the right thing! For all of us! and follow the Detectorist Code of Ethics!
Mike Hillis
There now, now we all understand each other a little better, eh?. I was hoping we could get to that 
Mike has a great point in his post below. Something I had forgotten all about is the MD Code of Ethics (I've been doing this so long, I haven't looked at it in a while). Looking over your shoulder is no way indeed to enjoy what you are doing. If you have to resort to that, just keep in mind that this is a hobby.
I know a lot of detectorists, and they have a lot of excellent finds. But guess what? None of them have funded their "luxurious lifestyles" with the treasures they've found, even the very successful ones.
I personally have found that detecting with others around is little worry, except at a VERY crowded beach. No one really cares about you all that much - that is until they think you are after something they're missing out on! In fact I have had curious onlookers approach me to ask a few questions and a good detecting comes of it.
I fell that you need'nt worry. The average person is polite enough and doesn't want to bother you. Or, better yet, they think for the most part that you are simply "eccentric" ( a crakpot). That's fine with me. I aint sneakin' and they leave me alone for the most part.
I don't know how many countless parents have coming rushing over near me to shout at their child, "C'mere baby! Get away from that guy!" I'm fairly sure they weren't simply worried about my privacy.
I want to thank Mike for his advice and ALL of us could review the Code Of Ethics again. SO - Thanks, Mike - and here it is:
Metal Detectorists Code of Ethics
1. Respect the rights and property of others.
2. Observe all laws, whether national, state or local. Aid law enforcement officials whenever possible.
3. Never destroy priceless, historical or archeological treasures.
4. Leave the land and vegetation as it was. Fill in all holes.
5. Remove all trash and litter when you leave.
6. ALL metal detectorists may be judged by the example YOU set. Always conduct yourself with courtesy and consideration for others.
Mike has a great point in his post below. Something I had forgotten all about is the MD Code of Ethics (I've been doing this so long, I haven't looked at it in a while). Looking over your shoulder is no way indeed to enjoy what you are doing. If you have to resort to that, just keep in mind that this is a hobby.
I know a lot of detectorists, and they have a lot of excellent finds. But guess what? None of them have funded their "luxurious lifestyles" with the treasures they've found, even the very successful ones.
I personally have found that detecting with others around is little worry, except at a VERY crowded beach. No one really cares about you all that much - that is until they think you are after something they're missing out on! In fact I have had curious onlookers approach me to ask a few questions and a good detecting comes of it.
I fell that you need'nt worry. The average person is polite enough and doesn't want to bother you. Or, better yet, they think for the most part that you are simply "eccentric" ( a crakpot). That's fine with me. I aint sneakin' and they leave me alone for the most part.
I don't know how many countless parents have coming rushing over near me to shout at their child, "C'mere baby! Get away from that guy!" I'm fairly sure they weren't simply worried about my privacy.
I want to thank Mike for his advice and ALL of us could review the Code Of Ethics again. SO - Thanks, Mike - and here it is:
Metal Detectorists Code of Ethics
1. Respect the rights and property of others.
2. Observe all laws, whether national, state or local. Aid law enforcement officials whenever possible.
3. Never destroy priceless, historical or archeological treasures.
4. Leave the land and vegetation as it was. Fill in all holes.
5. Remove all trash and litter when you leave.
6. ALL metal detectorists may be judged by the example YOU set. Always conduct yourself with courtesy and consideration for others.
Ok, let me say, I have no interest in being sneaky or malicious, I just want to avoid any contact with anyone who may challenge what I am doing and hunt without being bothered.
If I ever want to detect on private property I will absolutely get permission and I will never detect on a state park or on state land, It would probably take forever to get permission anyway.
I have detected before and i always fill in my holes and respect local laws.
If I ever want to detect on private property I will absolutely get permission and I will never detect on a state park or on state land, It would probably take forever to get permission anyway.
I have detected before and i always fill in my holes and respect local laws.
Mike Hillis
Well-known member
The soapbox was vacant 
I too, like to detect without being bothered by folks.
Good hunting to you.
I too, like to detect without being bothered by folks.
Good hunting to you.
sameolgeorge
New member
Back in the late 60s my mother told me about a hidden hoard of silver. A miser hid silver coins on his land, When he died he left his house and land to his son, the son could never find his fathers stash, and died a broken old man. In the mid 70s I bought my first metal detector, I went to visit my uncle Vern he told me about the same hidden silver and pointed out the land I said lets go get it my uncle said if the old man saw us he would shoot. Now hear it is 2005 I am one of the last living to know where to look. I wood have to look in order to even find the land I would need to ask around just to find the right road. this hoard of silver is still there, A few more passing years and all who know will be gone. The name of the town is Cleavland Texas ANY TAKERS
mblackburnjr
New member
Thanks for covering this! I too am new @ this hobby. Not to hijack your thread, but i am wanting to cover about 6 miles of creek-bed. Do i need to contact all property owners, or is a creek kind of neutral?...its all wooded. (it is a salt creek where the shawnee dug salt pits, kinda forgotten.)
Most water-ways afford abutting owners what are called "riparian rights". These ownership rights usually have the dividing property line running down the middle of the waterway, essentially splitting it in half. So someone owns rights to it.
Not to be a wet blanket, but as Ive said before, "There isnt much property that isnt owned by someone".
On the other hand, it could be a "who cares" situation. You'll have to find out.
Here's an idea for you. Do what I do. Join your local or state Historical Foundation. Then conduct field research for a future presentation or display - research which might mean a little detecting.
David
Not to be a wet blanket, but as Ive said before, "There isnt much property that isnt owned by someone".
On the other hand, it could be a "who cares" situation. You'll have to find out.
Here's an idea for you. Do what I do. Join your local or state Historical Foundation. Then conduct field research for a future presentation or display - research which might mean a little detecting.
David
Fred/in Fla.
New member
Reread some of the responses to your question. Aside from that, I live in Fla. and in my county alot of the parks have banned detecting. The stated reason from the Parks Department--- Detectorist dig holes and dont' fill them in. The only open places to hunt,in my county ,are the beaches. The roadways are closed to detecting as are the fairgrounds, open tracks of land, most of the waterways , ect. ect. Penaltys can be steep including loss of equipment and vehicle. All a detectorist can do is check the local laws and ask for permission to hunt a good looking location.
Everywhere is a little different. Here in SC the ownership rights go to the half way mark - at least that is what I was taught as a Realtor. However, you are talking about cruising anothers' land adjacent to a stream, creek, etc. Without permission, that is normally considered trespassing.
Is it enforceable? Without proven intent to harm or misuse the land or the owners property, likely not. But, do you wanna try to convince a judge that you were just out for a stroll and that you were using the detector you had in hand merely as a cane?
Rather than bog down in semantics, nuance and "he said-she said", find out what is right for YOUR area. You'll probably be glad you did.
David
Is it enforceable? Without proven intent to harm or misuse the land or the owners property, likely not. But, do you wanna try to convince a judge that you were just out for a stroll and that you were using the detector you had in hand merely as a cane?
Rather than bog down in semantics, nuance and "he said-she said", find out what is right for YOUR area. You'll probably be glad you did.
David
Fred/in Fla.
New member
n/t