Treasure Hunting Legally

[EPC Guy]

The other day I decided to post a small classified ad on Craig's List for the Denver area; letting folks know that I was interested in obtaining permission to hunt on private property - just to see if I'd get a response. I received no responses offering me hunting sites - but I did receive one interesting response from a lady (a very polite response) asking me if I properly documented and recorded any historic finds. She went on to say that it was important to obtain the proper documents from the county archaeologist in order to preserve the historic integrity of the area and the finds. I responded and told her that I was primarily interested in old coins and thanked her for the information she passed along to me (links to archaeology information).

Has anyone else heard of any real legal requirements / or requests such as this?

[Steve in PR]

I only found this for Colorado:

Colorado http://parks.state.co.us/

Yes With permission from the park manager.

This information was compiled by a Colorado State Park Ranger and fellow detectorist.

Metal detecting is allowed at the discretion of the park manager. Check with each park manager before hunting to obtain permission and the individual park rules.
Metal detecting is not specifically addressed by Colorado State Park Regulations

Individual park managers do have the authority to restrict use in certain areas if there is a threat to the resource but these restrictions are rare and will be clearly posted at all entrances to the area.

Otherwise the only limiting Park Regulation is:

Reg.#100(b)(2) "It shall be prohibited to remove, destroy, mutilate, modify or deface any structure, water control device, poster, notice, sign or marker, tree, shrub, or other plant or vegetation, including dead timber and forest litter, or any object of archaeological, geological, historical, zoological or natural / environmental value or interest on Parks and Outdoor Recreation Lands. (This regulation does not include removal of firewood from designated firewood areas, noxious weeds as defined by statute, or recreational gold mining within the Arkansas Headwaters Recreation Area, except where prohibited as indicated by posted signs."

Of course other related rules like park pass requirements, hours of use, registered historical site restrictions, etc. always apply, but otherwise recreational metal detecting in Colorado State Parks is fine.

[MinelabMan]

Originally Posted by Steve in PR

I only found this for Colorado:

Colorado http://parks.state.co.us/

Yes With permission from the park manager.

This information was compiled by a Colorado State Park Ranger and fellow detectorist.

Metal detecting is allowed at the discretion of the park manager. Check with each park manager before hunting to obtain permission and the individual park rules.
Metal detecting is not specifically addressed by Colorado State Park Regulations

Individual park managers do have the authority to restrict use in certain areas if there is a threat to the resource but these restrictions are rare and will be clearly posted at all entrances to the area.

Otherwise the only limiting Park Regulation is:

Reg.#100(b)(2) "It shall be prohibited to remove, destroy, mutilate, modify or deface any structure, water control device, poster, notice, sign or marker, tree, shrub, or other plant or vegetation, including dead timber and forest litter, or any object of archaeological, geological, historical, zoological or natural / environmental value or interest on Parks and Outdoor Recreation Lands. (This regulation does not include removal of firewood from designated firewood areas, noxious weeds as defined by statute, or recreational gold mining within the Arkansas Headwaters Recreation Area, except where prohibited as indicated by posted signs."

Of course other related rules like park pass requirements, hours of use, registered historical site restrictions, etc. always apply, but otherwise recreational metal detecting in Colorado State Parks is fine.

They're pretty vague, I guess they could consider a wheat cent, or an older piece of jewelry to be historical and a square nail, relics or arrow heads could be considered archaeological?

[julieburger]

How can you dig if you can't even deface Forest Litter?

[EPC Guy]

I've decided that I'm not going to worry about it unless I actually excavate something of real historical /geological value...no one in law enforcement has ever caused me any grief...probably was just an over-zealous, well-meaning person with a personal agenda...

[mtpockets]

Originally Posted by MinelabMan

They're pretty vague, I guess they could consider a wheat cent, or an older piece of jewelry to be historical and a square nail, relics or arrow heads could be considered archaeological?

From what I gather its Very Vague... I haven't been out MDing for the past week since I've been back in Co.

I was going through all my emails that I sent out to the Parks dept. when I was in Colorado Springs.. and Most of them say It's up to the Parks
discretion .... We'll I never seems to find Officials at the Park when I'm there!!! So that's Kinda Tuff....

Then I have a couple email responses that say....This

Metal detecting is allowed in City parks and found objects may be taken from the surface. However, excavation to recover an object that is below the surface is prohibited. You may contact me at 385-6505 if you have further questions.

Here was another email response I had received..

Thank you for your comment. Metal Detecting is an activity based on
each parks discretion. Our main mission is to protect the natural areas
with recreation a second on the list. I will work with our parks in
identifying what parks include Metal Detecting as an activity with their
park.

At this time it is based on each parks discretion and I would recommend
contacting the park(s) you plan on visiting for their guidelines and
rules.

Please be patience as we work on resolving this issue.

Thanks again,

Kesha



Federation of Metal Detector & Archaeological Clubs Inc.

[DougsGraphics]

Reminds me a lot of what I dug through trying to determine what the rules were on Forest Service lands:

36 CFR 296.5(b)(2):

296.5 Permit requirements and exceptions.

(a) Any person proposing to excavate and/or remove archaeological resourcesfrom public lands or Indian lands, and to carry out activities associated with such excavation and/or removal, shall apply to the Federal land manager for a permit for the proposed work, and shall not begin the proposed work until a permit has been issued. The Federal land manager may issue a permit to any qualified person, subject to appropriate terms and conditions, provided that the person applying for a permit meets conditions in § 296.8(a) of this part. (b) Exceptions: (1) No permit shall be required under this part for any person conducting activities on the public lands under other permits, leases, licenses, or entitlements for use, when those activities are exclusively for purposes other than the excavation and/or removal of archaeological resources, even though those activities might incidentally result in the disturbance of archaeological resources...(2) No permit shall be required under this part for any person collecting for private purposes any rock, coin, bullet, or mineral which is not an archaeological resource as defined in this part, provided that such collecting does not result in disturbance of any archaeological resource.

I try not to thumb my nose at the law, but.... Sorry to hear about the responses you two got. Not unlike my experience in Santa Fe parks, where the police told me I had to stop. More and more, it looks like private properties are the best places to go.

[gordiesgirl]

Very interesting. I always wondered if you find a large cache., such as the one found in the UK would you get to keep it or have to turn it over to the state of origan.can the Historians and archalogical groups hinder our fun or take our treasure. Glad you posted this thanks

[DougsGraphics]

Originally Posted by gordiesgirl

Very interesting. I always wondered if you find a large cache., such as the one found in the UK would you get to keep it or have to turn it over to the state of origan.can the Historians and archalogical groups hinder our fun or take our treasure. Glad you posted this thanks

Between you and me, I think my answer is that I dug it up in my back yard!

[Jack D]

Originally Posted by EPC Guy

The other day I decided to post a small classified ad on Craig's List for the Denver area; letting folks know that I was interested in obtaining permission to hunt on private property - just to see if I'd get a response. I received no responses offering me hunting sites - but I did receive one interesting response from a lady (a very polite response) asking me if I properly documented and recorded any historic finds. She went on to say that it was important to obtain the proper documents from the county archaeologist in order to preserve the historic integrity of the area and the finds. I responded and told her that I was primarily interested in old coins and thanked her for the information she passed along to me (links to archaeology information).

Has anyone else heard of any real legal requirements / or requests such as this?

And this from the US National Forest Service

DESCHUTES NATIONAL FOREST SERVICE OFFICIALS SEEK RECOVERY OF HISTORIC ARTIFACT | Accommodation and Food Services > Accommodation from AllBusiness.com