Pennsylvania Stream Panning Laws

[PanHandle]

I am new to the forum

Over here in Wyoming County, I have been champing at the bit to pan, but I haven't been at it much because I feel uncomfortable not being sure of the law regarding access.

As a trout fisherman, I don't have a problem hopping into a stream and wetting a fly. But accessing a stream to be digging around and packing off some cons is another story. Where I have permission from a friend to poke around on his property, that's no problemo.

But where the stream appears to be unmarked and distant from houses, what law governs my access and prospecting, panning, and sluicing in PA? ::

Hope you can direct me to the correct info, perhaps to posts on topic. (NOTE: not talking about Federal or State lands here.) Thanks in advance!

---Jeff

 

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[jeff of pa]

for panning stay out of National parks, State Game lands & PA state Parks,

other then that I personally would take the
don't ask / Don't tell approach our Government is so proud of,
and as long as I'm not on Private Property have at it.

also Panning may or may not be allowed in County parks. you need
to check online for your county.

according to the state forest sites Panning is allowed in PA State Forests

 

[PanHandle]

for panning stay out of National parks, State Game lands & PA state Parks,

other then that I personally would take the
don't ask / Don't tell approach our Government is so proud of,
and as long as I'm not on Private Property have at it.

also Panning may or may not be allowed in County parks. you need
to check online for your county.

according to the state forest sites Panning is allowed in PA State Forests

Thanks, jeff of pa. More specifically, if I am in a stream, sniping, am I legal? How far off stream does private land begin where permission would be required to sample? As I first stated, I am not on Federal or State property in my question.

---Jeff in Wyoming Co.

 

[jeff of pa]

I honestly don't know, But if it is open to Fishing it most likely isn't private Correct ?

perhaps someone here can give you general laws on streams as far as right to be there, and distances from.
although I don't think they can help you on the panning part

General Fishing Forum - The HuntingPA.com Outdoor Community

 

[djm of PA]

Private property is private, whether it be above or below water. Normally if a boundary line ends at a stream, it is at the 50% Line in the water. Even if u r floating, you are not legal unless the body of water is a navigable body: Frequently Asked Questions - Public Rights in Pennsylvania Waters

Many lands are open to "public fishing" or "walk in fishing" due to an agreement between the PFBC and the landowner. That agreement covers fishing only.

 

[KevinInColorado]

Good exchange of info here. Just one refinement: navigable means at some point during the year there is enough water for a canoe...doesn't need to be year round or a more modern boat!

 

[jeff of pa]

Good exchange of info here. Just one refinement: navigable means at some point during the year there is enough water for a canoe...doesn't need to be year round or a more modern boat!

What about the flood of '72 ?

would cover almost everywhere

Seriously though Thanks Kevin !


djm, I knew if anyone knew the law on creeks & streams , it would be you

looks like best bet, if your going to be panning and there is private property there,
ask permission.
considering how most landowners react to detecting, I'd say if you ask to pan
for gold, you'll get a chuckle and a request for 50% of the gold
which could be half a pin point in size here in PA

 

[djm of PA]

Good exchange of info here. Just one refinement: navigable means at some point during the year there is enough water for a canoe...doesn't need to be year round or a more modern boat!

Actually here in PA, that is not correct. Our state sets the "navigable waters" due to people trying to use the loophole that Jeff of Pa mentioned with catastrophic floods.

 

[KevinInColorado]

Maybe DJM but only sort of. The laws on what navigable means predate the creation of even the original 13 states. They were based on the rights of fur trappers to use the waterways crossing private property and those old laws have continued to be used successfully to challenge states which add/allow restrictions.

Key point, right of passage does NOT mean right to remove minerals or even step out of your boat while on private land in some cases...maybe that is what PA is using to limit activity?

 

[PanHandle]

Well, I see I am not alone in my understanding. Seems I recall some idea that where a state road crosses a stream, that crossing is open to panning. But how far on either side I am not sure of.

Mmmm....maybe I should be asking the question this way: Where in PA can a pan of dirt be taken without it being a legal hassle? Other than private property where permission is granted, where?

 

[djm of PA]

PA Forest Land: State Forest land is host to an almost endless list of other recreational uses. These include astronomy, dog sledding, gold panning, jogging, hang gliding, ice-skating, motorcycle riding, orienteering, photography, rock climbing, rappelling, sleigh riding, sledding, snowboarding, snowshoeing, spelunking, swimming, snorkeling and tubing. All these and more are permitted uses of state forest land.

Private land: with permission only.

Under Bridges: according to my local authorities whom I contacted last night, the land under a bridge is still private to everyone except those entrusted to work on said bridge. Same goes with pole lines, pipe lines, phone line right of ways etc..... The land is still private, but the utility company has a right of way on it.


Now to complicate things even more, the PA game commission says you can find gold on State Game Lands, but you cannot take it off the SGL!
And, local municipalities may have their own laws in place prohibiting the removal of anything mineral from the waters within their limits. It is pretty much the same scenario as hunting or fishing. If it isn't posted as open to the activity you want to do, then you MUST have permission or you don't stand a chance in court.

 

[carolkarl]

Honestly saying I don't know what you are talking about. However, I think you must consult some lawyers because you are talking something related to law.

 

[PanHandle]

Found this piece of information from the PA DEP: http://www.portal.state.pa.us/porta...ospecting_in_the_commonwealth's_waterways_pdf which mentions "Prospecting enthusiasts often hunt for gold at public rights of way where bridges cross gold-bearing streams using a shovel and gold pan." The whole publication RECREATIONAL PROSPECTING IN THE COMMONWEALTH’S WATERWAYS addressed my questions. Hope you all find this helpful, too!



---Jeff

 

[RichR]

This is what the Pa. Fish and Boat Commission says:
Frequently Asked Questions - Public Rights in Pennsylvania Waters

 

[Old_Festus]

I'm also trying to get a better understanding on how public access works. But from what I'm now gathering, it almost seems there is no such thing as having the right to walk down the middle of a creek that runs through the hills. I can see if your walking across someones land to get there.... but if you enter the water at a bridge and walk ...say 50' to each side and remain in the water ...are you breaking the law? What it ther is nothing posted?

I've read elsewhere about PA's "public right of way" for panning, (as already pointed out above) as far as areas where bridges cross over creeks, etc.

It would be helpful to clarify how far you can legally wander to to each side of a bridge crossing, etc. ---or as mentioned earlier in the thread... Is it only for people working on/maintaining the bridge, who are allowed to be within so many feet of the bridge to exercise so called "right of way"?

In my case, there really are no houses around the area I have my eye on... and nothing is posted as "private property" or "no trespassing" signs.
(Naturally, it would be great if I can determine if there are any private land holders that I need to speak to.)

The second thing that was brought up.... is in regarding legalities in general. I'm too am worried that if I make an innocent telephone call or stop by the local municipality office or whatever it may be, and explain "...I want to do recreational panning for gold in the local creek", the person on the other end of the telephone is going to get all flustered and not understand that I'm just looking for a hobby to get me out a couple times a month.

I'm sure you guys and gals follow what I mean (And like mentioned above "don't ask don't tell). It's not like your wanting to break any laws... but they seem unclear and hard to even find. I'm afraid I will get someones interpretation or opinion, as opposed to what the law actually dictates.

I'm concerned they will likely have "zero knowledge" on the subject, and whoever I "officially" talk to is likely to conclude my panning will destroy a creek, kill off the fish, require a mining permit, necessitate EPA approval...etc...etc...when all I plan to do is a little panning for a hobby. Lets face it, the government is never simple about anything.

Understandably, people can get a bad impression about "mining" in various forms. It's hard for most to separate that preconceived notion from a guy like most of us, just looking to do some sifting.

 

[Timmy Tom]

I would ask about rock hounding and mineral collecting. and see what they say. I asked the state here on a river and said small amounts of rocks and minerals may be collected. Just do not remove truck loads from this river, without filing the proper paperwork. They would like any artifacts to be turned in with the location where it was found. No problem. I did not say gold. The state owns the bottom of this river up to the high water line. Smaller streams and rivers beds may be owned by the private property owner or state

TT

 

[Old_Festus]

Rock hounding and mineral collecting...that is a good way to put it. That sounds a whole lot better and much less intrusive/destructive to the person your asking.
I've more or less concluded that unless its a open waterway...darn near everything else is either private posted land, posted municipal government property, a preserved water shed area, or just posted ....and you can't go on it. I drove the length of a creek for miles today and it was nothing but posted signs. I finally gave up for now and looked elsewhere.

 

[timsplace]

Rock hounding and mineral collecting...that is a good way to put it. That sounds a whole lot better and much less intrusive/destructive to the person your asking.
I've more or less concluded that unless its a open waterway...darn near everything else is either private posted land, posted municipal government property, a preserved water shed area, or just posted ....and you can't go on it. I drove the length of a creek for miles today and it was nothing but posted signs. I finally gave up for now and looked elsewhere.

Any body every hunt for gold around bethel alaska ?

 

[cdclink]

ALLOWED IN PA STATE FOREST

Thanks, jeff of pa. More specifically, if I am in a stream, sniping, am I legal? How far off stream does private land begin where permission would be required to sample? As I first stated, I am not on Federal or State property in my question.

---Jeff in Wyoming Co.

State Forest land is host to an almost endless list of other recreational uses. These include astronomy, dog sledding, gold panning, jogging, hang gliding, ice-skating, motorcycle riding, orienteering, photography, rock climbing, rappelling, sleigh riding, sledding, snowboarding, snowshoeing, spelunking, swimming, snorkeling and tubing. All these and more are permitted uses of state forest land.
PA DCNR - Other Recreation