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North Carolina

This search result may include State Law, City Regulations and Federal Agency Metal Detecting Law
and a Link to a List of National Parks.




MDHTALK Metal Detecting City and County Regulations
and a Link to a List of National Parks

  Cities and Counties that Require a Metal Detecting Permit or do not Allow Metal Detecting



City:                      WilsonNC
Permit Required:    No
Permit Fee:            
Phone Number:      252-399-2261
Website:               http://library.municode.com/index.aspx?clientId=11716
Law:                  There appears to be no direct city regulations against metal detecting.

Sec. 27-3. - Activities prohibited.

It shall be unlawful for any person in any park, recreation center, playground, swimming pool, swimming area, ball field, tennis court, or any other park and recreation facility, and the parking facilities thereof, owned or controlled by the city, both within and without the corporate limits, to:

(1) Willfully mark, deface, disfigure, injure, tamper with, displace or remove any structures, equipment, facilities or other property, either real or personal.

(2) Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant or dig or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.

(9) Swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are herein set forth or such as may be established by the recreation commission.

(10) Enter any swimming pool, swimming area or the enclosed areas thereof when the same is closed and not attended by personnel of the parks and recreation department.

(20) Disturb or interfere unreasonably with any person or party occupying any area, or participating in any authorized activity.


MDHTALK's List of National Parks in North Carolina


Remember it is illegal to Metal Detect in a National Park, Recreational Area or at a National Monument.
Find and Read Title 36 in the Right Column on this Page.

Select this Link to View the List of National Parks



MDHTALK's List of Bureau of Reclamation Water Ways in North Carolina


Remember it is illegal to Metal Detect on Bureau of Reclamation Lands and Water Ways.
Find and Read the Bureau of Reclamation Law in the Right Column on this Page.

There are
NO Bureau of Reclamation Projects IN this state.

MDHTALK Metal Detecting State Law

State Park Links and State Park Metal Detecting Laws & Regulations
The Archaeology website for a state maybe an official state site or a site that represents the archaeology law of the state.

State Archaeology:      http://www.archaeology.ncdcr.gov/ncarch/resource/statelaw.htm#ncarpa

On line State Park Regulations.

State Park Regulations: http://www.ncparks.gov/Visit/rules/main.php

State Park Metal Detecting Rule and Regulation Detail:SECTION .0200 - PRESERVATION OF THE PARK

15A NCAC 12B .0201 NATURAL AND CULTURAL RESOURCE PROTECTION
(a) A person shall not remove, possess, or disturb any plant, fungus, mineral, living or dead wild animal, or the products thereof, or any archeological or cultural resource or artifact in any park area except as otherwise provided in this Section.
(b) Harassing, or intentionally disturbing wildlife and their nesting, breeding or other activities is prohibited.
(c) The placement or distribution of agricultural products, natural or processed foods, or any other item for the purpose of attracting or feeding any wildlife is prohibited.
(d) A person shall not collect any natural or cultural resources or artifacts from any park area except as authorized by a research activity permit. A research activity permit for collections shall be issued only to a representative of a scientific educational institution, non-profit agency or a State or Federal agency for the purpose of research, baseline inventories, monitoring, impact analysis, group study, or museum display when the superintendent determines that the collection is necessary to the stated scientific or resource management goals of the institution or agency and that all applicable Federal and State permits have been acquired and that the intended use of the specimens and their final disposal is in accordance with applicable law. Application for research activity permits shall be made as provided by Rule .0104 of this Subchapter. A research activity permit for personal or commercial purposes is prohibited.

15A NCAC 12B .0203 METAL DETECTORS PROHIBITED

Metal detectors are not allowed in any park area except to locate lost personal property when authorized by a Special Use Permit as provided by Rule .0104 of this Subchapter.
History Note: Authority G. S. 113-35; Eff. January 1, 1983; Amended Eff. May 1, 2010.
SUBCHAPTER 12B - PARKS AND RECREATION AREAS
MDHTALK National or Federal Metal Detecting Regulations
Federal Agencies that have a specific Metal Detecting Regulation

Agency:              Army Corps of Engineers
Website:             http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title36/36tab_02.tpl
Law:                  Title 36: Parks, Forests, and Public Property

CHAPTER III--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY Webpage

§ 327.14 Public property.
(a) Destruction, injury, defacement, removal or any alteration of public property including, but not limited to, developed facilities, natural formations, mineral deposits, historical and archaeological features, paleontological resources, boundary monumentation or markers and vegetative growth, is prohibited except when in accordance with written permission of the District Commander.
(b) Cutting or gathering of trees or parts of trees and/or the removal of wood from project lands is prohibited without written permission of the District Commander.
(c) Gathering of dead wood on the ground for use in designated recreation areas as firewood is permitted, unless prohibited and posted by the District Commander.
(d) The use of metal detectors is permitted on designated beaches or other previously disturbed areas unless prohibited by the District Commander for reasons of protection of archaeological, historical or paleontological resources. Specific information regarding metal detector policy and designated use areas is available at the Manager's Office. Items found must be handled in accordance with §§ 327.15 and 327.16 except for non-identifiable items such as coins of value less than $25.

Agency:              Bureau of Land Management
Website:             http://www.blm.gov/ca/st/en/info/iac/metal_detecting.html
Law:                  Metal detecting is a recreational activity that people do to find coins, jewelry, and precious metals.  Metal detecting is allowed on BLM lands as long as no artifacts are removed.  Artifacts should be left alone and reported to the appropriate Field Office.  Avoid all cultural and archeological sites.  The Metal Detecting enthusiast may remove some rocks (handful) from areas such as picnic areas, campground areas, and recreational sites.  The enthusiasts may remove some rocks as long as there not being removed from another mining claim.  Mining claims can be researched on the LR2000 (http://www.blm.gov/lr2000).   Enthusiasts are only allowed to make minimal surface disturbance (i.e. removing a couple of stones for memories).

Agency:              Bureau of Reclamation
Website:             http://www.gpo.gov/fdsys/pkg/CFR-2008-title43-vol1/pdf/CFR-2008-title43-vol1-sec423-27.pdf
Law:                  Section 423.29 Natural and Cultural Resources
(f) You must not possess a metal detector or other geophysical discovery device, or use a metal detector or other geophysical discovery techniques to locate or recover subsurface objects or features, except:
(1) When transporting, but not using a metal detector or other geophysical discovery device in a vehicle on a public road as allowed under applicable Federal, state and local law, or:
(2) As allowed by permit issued pursuantto subpart D of this 423.

Agency:              National Forests
Website:             http://www.fs.fed.us/outernet/r9/cnnf/rec/heritage/metal_detectors.html
Law:                  The Use of Metal Detectors on National Forest Land

The use of metal detectors has become a popular hobby for many people. Here is direction on how or when metal detectors can be used on the Chequamegon-Nicolet.

Metal detector use is allowed in developed campgrounds and picnic areas if they are not specifically closed to such activity. If archaeological remains are known to exist in a campground or picnic area, a closure to metal detecting would be posted. It is permissible to collect coins, but prospecting for gold would be subject to mining laws. However, you should know that agencies have not identified every archaeological site on public lands, so it is possible you may run into such remains that have not yet been discovered. Archaeological remains on federal land, known or unknown, are protected under law. If you were to discover such remains, you should leave them undisburbed, stop metal detecting in that area, and notify the local FS office. I have included the legal citations below for your information.

The Forest Service has conducted numerous projects in conjuntion with metal detectorists and metal detecting clubs through our volunteer archaeological program, Passport In Time (PIT). The cooperation has been fun for both the detectorists and the agency's archaeologists. Locating archaeological sites becomes a joint endeavor and we learn a lot! You can receive the PIT Traveler, our free newsletter advertising the PIT projects each year, by calling 1-800-281-9176. Look for the ones where we request metal detecting expertise!

Here are the legal citations:
Code of Federal Regulations, 36 CFR 261.9: "The following are prohibited: (g) digging in, excavating, disturbing, injuring, destroying, or in any way damaging any prehistoric, historic, or archaeological resources, structure, site, artifact, or property. (h) Removing any prehistoric, historic, or archaeological resources, structure, site, artifact, property."

USDA Forest Service Manual Direction (draft): "Metal Detector Use. Metal detectors may be used on public lands in areas that do not contain or would not reasonably be expected to contain archaeological or historical resources. They must be used, however, for lawful purposes. Any act with a metal detector that violates the proscriptions of the Archaeological Resources Protection Act (ARPA) or any other law is prosecutable. Normally, developed campgrounds, swimming beaches, and other developed recreation sites are open to metal detecting unless there are heritage resources present. In such cases, Forest Supervisors are authorized to close these sites by posting notices in such sites."

ARPA, 16 U.S.C. 470cc: "No person may excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage or otherwise alter or deface any archaeological resources located on public lands or Indianlands unless such activity is pursuant to a permit. . ."

For more information, contact Mark Bruhy, Supervisor's Office, 68 S. Stevens St., Rhinelander, WI 54501, 715-362-1361, or email mbruhy@fs.fed.us.

Agency:              National Parks, Monuments, Seashores, Forests, and Public Property
Website:             
Law:                  Title 36 Parks, Forests, and Public Property Website

PART 2—RESOURCE PROTECTION, PUBLIC USE AND RECREATION
§ 2.1 Preservation of natural, cultural and archeological resources. Website Section

(a) Except as otherwise provided in this chapter, the following is prohibited:
(1) Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state:
(iii) Nonfossilized and fossilized paleontological specimens, cultural or archeological resources, or the parts thereof.
(iv) A mineral resource or cave formation or the parts thereof.
(3) Tossing, throwing or rolling rocks or other items inside caves or caverns, into valleys, canyons, or caverns, down hillsides or mountainsides, or into thermal features.
(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statue, except in designated areas and under conditions established by the superintendent.
(6) Possessing, destroying, injuring, defacing, removing, digging, or disturbing a structure or its furnishing or fixtures, or other cultural or archeological resources.
(7) Possessing or using a mineral or metal detector, magnetometer, side scan sonar, other metal detecting device, or subbottom profiler.

This paragraph does not apply to:
(i) A device broken down and stored or packed to prevent its use while in park areas.
(ii) Electronic equipment used primarily for the navigation and safe operation of boats and aircraft.
(iii) Mineral or metal detectors, magnetometers, or subbottom profilers used for authorized scientific, mining, or administrative activities.

Agency:              USC : Title 16 - Conservation
16 USC Chapter 1B - Archaeology Resources Protection

Website:             http://www.law.cornell.edu/uscode/text/16/chapter-1B
Law:                  16 USC § 470ee - Prohibited acts and criminal penalties website

(a) Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources. No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued under section 470cc of this title, a permit referred to in section 470cc(h)(2) of this title, or the exemption contained in section 470cc(g)(1) of this title.
(b) Trafficking in archaeological resources the excavation or removal of which was wrongful under Federal law No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed from public lands or Indian lands in violation of—
(1)the prohibition contained in subsection (a) of this section, or
(2)any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.
(c) Trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation or receipt of which was wrongful under State or local law. No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under State or local law.