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South 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:                      AndersonSC
Permit Required:    
Permit Fee:            
Phone Number:      
Website:               http://library.municode.com/index.aspx?clientId=14837
Law:                  There is no specific regulation against metal detecting, but these regulations could impact the hobby.

Sec. 62-175. - Injuring public property.
It shall be unlawful for any person to destroy, deface, mutilate or in any manner injure any bridge, drinking fountain, streetlight, tree or other property belonging to the city or used for the convenience of the public or any fixture or apparatus appurtenant thereto or useful in connection therewith.

Sec. 62-176. - Walking on public grounds.
It shall be unlawful for any person to walk over, across or upon any public grounds set apart for the cultivation of grass, plants or flowers.

Sec. 62-189. - Vandalism in city parks.
(a) It shall be unlawful for any person to perpetrate acts of vandalism on or in any city park.
(b) All persons violating this section shall be prosecuted in a municipal court and punishable as provided in section 1-14. Charges shall be issued upon uniformed traffic ticket forms or uniform warrant at the discretion of the arresting officer.
(c) Any person or persons convicted of such acts of vandalism shall be subject to a fine of not less than $500.00 and/or 30 days in jail, and shall be subject to provide restitution to the city for any repairs or damage resulting from such vandalism.


City:                      Edisto IslandSC
Permit Required:    
Permit Fee:            
Phone Number:      888-333-2781
Website:               http://www.edistochamber.com/faqs.php
Law:                  Metal Detecting

 

Metal detecting is permitted on the public sandy portion of the beach, but do not expand the search area to any of the dunes.  Our beaches are fragile and erosion has been a problem in some areas.  Walking, disturbing sea oats, or digging in the dunes is prohibited.  If your search should be near the State Park property we understand metal detecting is not permitted but you should confirm these policies with them.  All of the plantations and historical sites are on private property and thus no metal detecting can be done without the owners’ permission.  There is one business (Addam's Artifacts and Relic Hunting Adventures, 843-889-6073) that has access to some private property for these purposes.  You may want to contact them for further details.



City:                      State WideSC
Permit Required:    
Permit Fee:            
Phone Number:      
Website:               
Law:                  These are the laws providing police jurisdiction governing those municipalities in South Carolina that have elected to prohibit metal detecting upon their beaches.

SECTION 5-7-140. Extension of police jurisdiction and authority of municipalities bordering on high tide line or high water mark of navigable body of water.

(A) The corporate limits of any municipality bordering on the high-tide line of the Atlantic Ocean are extended to include all that area lying between the high-tide line and one mile seaward of the high-tide line. These areas are subject to all the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the area defined in this section.

(B) The corporate limits of any municipality bordering on the high-water mark of a navigable body of water, other than the Atlantic Ocean, are extended to include all that area lying between the high-water mark and the low-water mark. These areas are subject to all of the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the areas defined in this section.



MDHTALK's List of National Parks in South 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 South 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://shpo.sc.gov/Pages/default.aspx

On line State Park Regulations.

State Park Regulations: http://www.southcarolinaparks.com/files/State%20Parks/Metal%20Detection%20Policy.pdf

State Park Metal Detecting Rule and Regulation Detail:Metal Detection Policy for South Carolina State Parks
South Carolina Metal Detecting Policy
State Historic Sites and Other Known Archaeological Sites

09-15-10: Update to South Carolinas Metal Detecting Policy.

Your recent correspondence with the office of Gov. Bev Perdue (copied below) was referred to me. I appreciate your taking time to write of your concern.

The statute regarding metal detectors in state parks was amended to continue and strengthen the protection of the state parks system's cultural and archaeological resources by prohibiting their use on all Division-managed lands unless a person is looking for lost personal property (under the structure of a special activity permit and guidance of a ranger). Many of our state parks happen to be important historical sites as well. As originally written, the rule would still have allowed the public to potentially disturb and remove culturally and archaeologically significant artifacts in both beach an inland parks -- artifacts that belong to all the citizens of North Carolina.

While we certainly appreciate visitors who collect trash and recyclable items along our beaches and in parks that others have discarded, it's just as important that we protect the state's cultural and archaeological heritage. It's a central part of our mission. Consider also that in inland parks, the removal of buried items can wreak significant damage to natural resources.

There are public areas within the state where metal detectors are not unwelcome, and I trust you'll find an outlet for your interest, while at the same time enjoying the state parks' natural and cultural resources.

chp

Charlie Peek
Public Information Officer
N.C. Division of Parks and Recreation
919.715-8709
Mobile 919.218.4622


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.