Metal detecting vacant historic lands

[Nighthunter]

I am curious on where I can find laws on the legality of hunting old school sites. On some of the maps I've looked at, the older versions show it to be 'historical' school sites.
None of these sites contain buildings any longer. Two of the sites I have researched are actually plowed farming fields. The owners of the fields have given me permission to
detect. I live in Wisconsin if that matters. Also I have did a 'search' for answers here on TN. I don't want to detect anywhere that may cause any problems or concerns for myself or future MD'ers.
Thanks for any and all help. Good Luck and HH

 

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[Beezly]

If you have landowner permission you should be fine. The only legal issue would be what your state considers the age for something becoming an artifact. Here in NY I think its 50 years. Our laws in that regard are in an old education bill

 

[Tpmetal]

yup ny is good and bending over its citizens every chance it gets

 

[cudamark]

I am curious on where I can find laws on the legality of hunting old school sites. On some of the maps I've looked at, the older versions show it to be 'historical' school sites.
None of these sites contain buildings any longer. Two of the sites I have researched are actually plowed farming fields. The owners of the fields have given me permission to
detect. I live in Wisconsin if that matters. Also I have did a 'search' for answers here on TN. I don't want to detect anywhere that may cause any problems or concerns for myself or future MD'ers.
Thanks for any and all help. Good Luck and HH

If you have the landowner's permission, hunt it and keep what you find to yourself (or with the landowner depending on what agreement you have with them).

 

[Geobound]

If there are no buildings and it's now a ploughing field, then you've got nothing to worry about......dig away.

 

[Kray Gelder]

If you have landowners permission, don't think about it. Some collecting laws are ridiculous. Like if you see an arrowhead walking through the national forest, you are supposed to leave it untouched. I don't think so! I read the US Forest Service policies on metal detecting. You are not supposed to even have one in possession , let alone use one. What?!

 

[Nighthunter]

Thanks a bunch for the replies so far. I was thinking the same as most of you. It's a farm field now and I have permission, so am thinking its a go.
Do I dare post pics of any of my finds?......... Of course they'd really be from MY land not his property...........

 

[Beezly]

Post away, if the land owner cared enough to be on Tnet and sees what you found he or she probably has the place hunted out anyways

 

[Honest Samuel]

Have no fear, since you have the owner permission. Good hunting and good luck.

 

[Tom_in_CA]

..... On some of the maps I've looked at, the older versions show it to be 'historical' school sites....

Me thinks you are getting thrown for as loop when you see the word "historical" . Because of some fear md'rs have that some law must , of necessity, apply to "historical" sites. But this is just a mis-understanding of the word, when used of the sites where 1-room schoolhouses used to stand. "Historic" in THAT case simply means "no longer there". There is no special-standing in laws that applies to them. Unless, of course, they were located on NPS land or something that , in itself, was off-limits. But for private land (or type of public land with no prohibition), then the word "historic" simply means it used to be there, and is no longer there.

..... The owners of the fields have given me permission to
detect....

An owner of his own property can do whatever the heck he wants with his land, or subrogate/grant permission for his guests to whatever the heck he/they want.

 

[Tom_in_CA]

....The only legal issue would be what your state considers the age for something becoming an artifact. Here in NY I think its 50 years. Our laws in that regard are in an old education bill

This is not true. Any such "50 yr." or "artifact" type verbiage you are alluding to, is for public land locations where there is some sort of cultural heritage prohibitions. Does not apply to land where no such verbiage exist (ie.: is not some sort of border to border within all-the-state thing). And CERTAINLY does not apply to private land.

[And .... quite frankly .... when was the last time you ever saw anyone going around with a calculator carding people and doing the math on ages of coins they find ? ]

 

[Honest Samuel]

Tom should had been a lawyer. Always good to hear from him.

 

[Tom_in_CA]

.... I read the US Forest Service policies on metal detecting. You are not supposed to even have one in possession , let alone use one.....

Really ? Got a link to that ? I have a link that says NFS is good to go. Provided, of course, you're looking for modern stuff (ie.: not in violation of ARPA). How good is your math ?

There may be some singular portions of NFS out in the eastern USA with something specific for *just* their particular NFS section/park. But it's not across-the-board all NFS. And other (most?) NFS has express ALLOWANCE for md'ing (beats the heck out of merely being silent on the subject).

 

[4x4x4]

.....here in California , the different connotations of "historic""historical" are hysterical....in other words , the same issues exist.
I agree with the other learned and informed...it's OK with the owners permission.......unless it's leased land.

 

[Beezly]

This is not true. Any such "50 yr." or "artifact" type verbiage you are alluding to, is for public land locations where there is some sort of cultural heritage prohibitions. Does not apply to land where no such verbiage exist (ie.: is not some sort of border to border within all-the-state thing). And CERTAINLY does not apply to private land.

[And .... quite frankly .... when was the last time you ever saw anyone going around with a calculator carding people and doing the math on ages of coins they find ? ]

I was saying if it's private land its okay. There is a law saying that 51 years is the age an item becomes off limits if its not on private land. Nobody goes around with a calculator but in lovely New York State if they can fine you they most definitely will.

 

[Kray Gelder]

Tom, I am humbly corrected. I did find the regulations you spoke of, and I thank you for that. I have located several sites in the Francis Marion Nat'l Forest I intend to explore. I also found the regulation I was thinking of, but it applies to National Parks, not Forest. My mistake.

 

[foiler]

I left a 'historic' deposit at such a site whilst some fellow hunters and I scanned the perimeter. I had been ill and on a lot of antibiotics and house bound for nearly 2 weeks. That wasn't all that was 'bound'. But the fresh air that favors our great hobby and exercise that is married to it suddenly set me free. I trotted to a nearby clump of trees unknowingly treading on the forbidden land. And when done, there it lie. I venture to say it lies there still. And to this day I surmise a ring of 'archies' standing round, pondering what great 'historical' beast left that testimony of its passing.

 

[Tom_in_CA]

I was saying if it's private land its okay. There is a law saying that 51 years is the age an item becomes off limits if its not on private land.....

Beezly, not all public land has that 50+ yr. rule. You're thinking of federal land (subject to Arpa), and a few state parks also have cultural heritage verbiage in their state parks wording. (But not all state land is state "park" land, btw). And I doubt many county and city parks have such verbiage in their park's wording. Thus, no, it is not "border to border in/on all public land within NY state". If you can show me something to the contrary, I would very much like to see it.

Truest me Beezly: There are md'rs in NY, on public land, who are *routinely* finding coins over 50 yrs. old.

Re.:

..... in lovely New York State if they can fine you they most definitely will......

Ok, I'll bite: Can you cite any incident of someone "caught with a 51+ yr." having gotten a "fine" ? For purposes of this question, let's limit it to county or city lands. Ok, Got any links ?

 

[Tom_in_CA]

Tom, I am humbly corrected. I did find the regulations you spoke of, and I thank you for that. I have located several sites in the Francis Marion Nat'l Forest I intend to explore. I also found the regulation I was thinking of, but it applies to National Parks, not Forest. My mistake.

Good to hear from you Kray. Just be aware, that even though NFS has express allowance , that it is still subject to Arpa. So the solution is simple: You're only looking for modern stuff. (or meteorites, or gold nuggets, or the ring you just lost, etc....) And, of course, avoid obvious historic sensitive monuments.

And also , as I say, there has been distinct specific lone NFS locations with a "no". But this is not all NFS. Just a few that, for some reason, got a no in only their particular sector or park. And it appears those are back east. HOWEVER, I'll bet if you just printed out the express allowance, and carried it with you , and showed any busy-bodies, that .... they'd probably , at worst, just appraise you of anything different. Gee, ok, now you know.

 

[Honest Samuel]

It is always good to hear from Tom. Good hunting and good luck.