Is Metal Detecting Legal? Where You Can and Can't Detect in the US

National parks: banned

36 CFR 2.1(a)(7) prohibits "possessing or using a mineral or metal detector" in National Park Service areas. The exceptions include a device that's broken down and stored or packed so it can't be used. The NPS also says digging on federal land without a permit for archeological investigation is against the law.

ARPA and the 100-year rule

• The Archaeological Resources Protection Act protects archaeological resources on public and Indian lands. No item counts as an archaeological resource unless it's at least 100 years old (16 U.S.C. 470bb).
• It's illegal to excavate, remove or damage archaeological resources on those lands without a permit (470ee). Penalties start at up to 10,000 dollars and one year, rise to 20,000 dollars and two years when value and restoration costs exceed 500 dollars, and reach 100,000 dollars and five years for a repeat offense.
• ARPA doesn't apply to collecting for private purposes "any rock, coin, bullet, or mineral which is not an archaeological resource" (470kk).
• The Antiquities Act's criminal provision (18 U.S.C. 1866) also covers anyone who appropriates, excavates, injures or destroys historic or prehistoric ruins or objects of antiquity on federal land without permission (up to 90 days in prison, a fine, or both).

BLM land

• 43 CFR 3809.5, part of BLM's mining rules, defines casual use to include hand panning, non-motorized sluicing, and metal detectors and other battery-operated devices “for sensing the presence of minerals.”
• BLM Nevada says metal detector use is allowed on public lands and modern money may be collected, but coins and artifacts more than 100 years old may not be. That's stricter than ARPA's coin exemption; follow the stricter rule.
• BLM Nevada says historic sites like cabins, graves, trail traces, mining areas and townsites aren't open to collecting, and minerals on mining claims belong to the claim holder.

National forests

• A Forest Service policy paper says recreational metal detecting is allowed on national forests and usually needs no authorization. Searching for lost coins, jewelry and items with no historical value requires no permit.
• But rules vary: the George Washington & Jefferson National Forest allows detecting only at one swimming beach. Some wilderness areas are closed. Call the local ranger district.
• If you find historic or archaeological remains, the Forest Service says to leave them undisturbed and notify a Forest Service office.

State parks

Every state sets its own rules. Two examples: Michigan allows detecting only in park areas designated as open, and items found must be reviewed by staff. Wisconsin allows detectors on DNR lands only to find specific lost personal items, with a permit, and protects archaeological materials 50 years old and older. Check your state's parks agency.

Private land

Get permission. The FMDAC code of ethics says not to enter private property without the owner's permission and, where possible, to get it in writing. Garrett's code says never to trespass or hunt on private property without permission.

Beaches and city parks

Garrett says many beaches have local regulations that restrict or ban detecting. City and county parks set their own rules too, so check before you go.

Good-neighbor rules

• Fill every hole and carry out trash (Garrett and FMDAC codes of ethics).
• Don't detect when the ground is too wet or dry to dig without damaging sod (FMDAC).
• Know the law; FMDAC says it's your responsibility.

Next: beginner technique and the right digging tool.

FAQ

National parks?

Banned under 36 CFR 2.1(a)(7).

BLM land?

Often yes, with limits. Check the local BLM office.

Can I keep coins?

ARPA exempts coins that aren't archaeological resources, but some agencies are stricter. Follow the stricter rule.