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Texas

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:                      BeaumontTX
Permit Required:    
Permit Fee:            
Phone Number:      
Website:               http://z2.franklinlegal.net/franklin/Z2Browser2.html?showset=beaumontset
Law:                  There are no direct references to Metal Detecting but this can impact one's ability to metal detecting.

Sec. 14.04.003 Park property regulations; wild animals and birds; hours.
(a) Buildings and other property. No person shall willfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts of appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal; fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition; or dig or remove any soil, rocks, stones, trees, shrubs, or plants or materials, or make any excavation by tool, equipment or other means.

(b) Trees, shrubbery, and lawns. No person shall 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. No person shall dig or otherwise disturb grass areas, or in any way injure or impair the natural beauty or usefulness of any area.

City:                      Gibbons Creek ReservoirTX
Permit Required:    
Permit Fee:            
Phone Number:      936-873-2424
Website:               http://www.gibbonscreek.com/new_page_2.htm
Law:                  12. METAL DETECTORS

No person shall use or operate a metal detector on Gibbons Creek Reservoir or in the Parks.



City:                      TylerTX
Permit Required:    
Permit Fee:            
Phone Number:      
Website:               http://www.cityoftyler.org/Portals/0/docs/departments/clerk/ordinances/2005/0-2005-65%20Ch%20%208%20Metal%20Detectors.pdf
Law:                  

CITY OF TYLER
CITY COUNCIL COMMUNICATION
Agenda Number: ODate:
August 24, 2005

Subject: Request that the City Council consider adopting an Ordinance amending Tyler CityCode Chapter 8, “Parks”, Article II., “Prohibited Acts”, to add a prohibition againstthe use of any metal detector without first obtaining authorization from the City on any City cemetery property, any City park property on Goodman Museum recreation area grounds, and City park and recreational property designated as ahistorical landmark, and directing Staff to provide appropriate signage.

Item Reference: City Code Chapter 8, Article II. PROHIBITION OF USE OF ANY METAL DECTOR ON ANY CITY PARK PROPERTY AND RECREATIONAL AREA
Tyler City Code Chapter 8, Article II., prohibits certain activities in parks and recreational areas owned or used by the City of Tyler. Due to numerous treasure seekers using metal detectors inside City of Tyler Parks, the Parks and Recreation Department is concerned about the loss of valuable artifacts in areas of historical, cultural or archeological significance, such as the grounds around the Goodman Museum or the City owned cemeteries of Rosehill, Oakwood, and Westview. The area around the Goodman Museum needs to be protected in order to preserve the site for any future historic research. Any historic artifacts buried around the Goodman should be considered part of the museums collections as the house and land were bequeathed to the City. Since the Goodman Museum was originally constructed in 1859, the artifacts buried on the grounds may predate the Civil War. The three cemeteries are not only rich in Tyler’s history and culture, but due to the nature of the facilities and the need to respect those that are buried within the cemeteries these grounds also need to be protected from disturbance by someone using a metal detectors. At this time the concern of using metal detectors does not extend to the basic park area as long as the individual repairs any divots and does not do any damage to the turf. However, should any park site be designated as a historical landmark in the future, the use of metal detectors would need to be prohibited in order to preserve the value of such sites. The signs in City parks will need to be made and placed in the prohibited areas to reflect this ordinance addition.
The Park’s Department contacted the members of the Smith County Metal Detector’s Association, who also spoke in opposition of the ordinance during the July Council meeting. The proposed revisions were discussed with them and both members expressed their pleasure with the compromise struck by the revisions to the ordinance.
 

REVIEW BY PARKS BOARD
City Code Section 8-1.b. states that the Parks Board shall make recommendations to the City Manager and City Council with reference to the operation and maintenance of public parks in the City. On July 18, 2005, the Parks Board reviewed and recommended approval of the proposed ordinance, and on August 15, 2005 received an update on revisions added to the ordinance in response to requests from metal detector enthusiasts within the community.
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Tyler City Code Chapter 8, “Parks”, Article II., “Prohibited Acts”, to add a prohibition against the use of any metal detector on any City cemetery property, any City park property on Goodman Museum recreation area grounds, and any City park and recreational property designated as a historical landmark, and directing Staff to provide appropriate signage.

Drafted/Recommended By:
Department Leader John S. Webb, Parks and Recreation Manager
Edited/Submitted By:
City Manager



City:                      U.S. Army Corps of Engineers - Benbrook LakeTX
Permit Required:    
Permit Fee:            
Phone Number:      
Website:               http://www.swf-wc.usace.army.mil/benbrook/Recreation/Title36.asp
Law:                  The following guidance governs the use of metal detectors on Benbrook Lake, a U.S. Army Corps of Engineers water resource project:

a. The use of metal detectors will be allowed at Benbrook Lake in the developed park areas mowed and maintained by the Corps of Engineers.
b. Nonidentifiable items, such as coins of nominal value (defined in paragraph C) that are found do not need to be deposited with the natural resource manager or a ranger. Identifiable items (rings, watches, etc...) or items of greater than the nominal value will be deposited with the natural resource manager or a ranger for disposition according to the Title 36 CFR Part 327.15 (Abandonment and Impoundment of Personal Property) and Part 327.16 (Lost and Found) and subsequent revisions. These revisions will include all lost and found articles, not just those found with aid of metal detectors.
c. Nominal value is defined as less than $25.00.
d. All historical, archaeological, or paleontological items found will be deposited with the natural resource manager or a ranger.
e. Digging shall be limited to hand tools that can be used by one hand only, e.g. a hand trowel. Hand tools shall be limited to 4 inches wide and 12 inches long.
f. All trash, litter or other debris uncovered must be removed and placed in an approved trash receptacle. All soil disturbed or displaced shall be returned to its original state.
In all other areas, metal detectors will not be allowed without prior written permission from the District Engineer.



MDHTALK's List of National Parks in Texas


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 Texas


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.

Select this Link to View the Bureau of Reclamatuion Water Ways List


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.statutes.legis.state.tx.us/Docs/NR/htm/NR.191.htm

On line State Park Regulations.

State Park Regulations: http://www.tpwd.state.tx.us/spdest/parkinfo/rules_and_regulations/

State Park Metal Detecting Rule and Regulation Detail:
Rules & Regulations
General
59.134 Rules of Conduct:
l) Metal detector. It is an offense to operate or use a metal detector.

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.