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Wisconsin

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:                      BeloitWI
Permit Required:    Yes
Permit Fee:            
Phone Number:      
Website:               http://www.ci.beloit.wi.us/index.asp?Type=B_BASIC&SEC=%7B6B9AE95F-B94B-42D5-B422-9B20BA5579D5%7D
Law:                  (3) Metal Detecting Devices (a) You must obtain a license from the City Clerk in order to use mineral or metal detecting device any City park or other city property. (b) The license shall be valid only on City property which is generally held open to the public, excluding Eastlawn and Oakwood cemeteries. The license shall be valid for the balance of the calendar year in which it was issued. (c) The clerk will collect the fee prior to issuance of the license. (d) City Clerk will provide the license with a copy of regulations. (e) All manmade objects except archeological artifacts may be excavated from City property. No person may do any digging in a City cemetery unless permitted by Superintendent of Cemeteries. (f) All excavated material shall be replaced where it was found and restore the site to its original condition. (g) Licensees metal detecting shall not interfere with any other park activity. (h) No shall destroy any such vegetation while using a metal detector.

(3) Metal Detecting Devices

(a) You must obtain a license from the City Clerk in order to use mineral or metal detecting device any City park or other city property.

(b) The license shall be valid only on City property which is generally held open to the public, excluding Eastlawn and Oakwood cemeteries. The license shall be valid for the balance of the calendar year in which it was issued.

(c) The clerk will collect the fee prior to issuance of the license.

(d) City Clerk will provide the license with a copy of regulations.

(e) All manmade objects except archeological artifacts may be excavated from City property. No person may do any digging in a City cemetery unless permitted by Superintendent of Cemeteries.

(f) All excavated material shall be replaced where it was found and restore the site to its original condition.

(g) Licensees metal detecting shall not interfere with any other park activity.

(h) No shall destroy any such vegetation while using a metal detector.
 

(3) Metal Detecting Devices

(a) You must obtain a license from the City Clerk in order to use mineral or metal detecting device any City park or other city property.

(b) The license shall be valid only on City property which is generally held open to the public, excluding Eastlawn and Oakwood cemeteries. The license shall be valid for the balance of the calendar year in which it was issued.

(c) The clerk will collect the fee prior to issuance of the license.

(d) City Clerk will provide the license with a copy of regulations.

(e) All manmade objects except archeological artifacts may be excavated from City property. No person may do any digging in a City cemetery unless permitted by Superintendent of Cemeteries.

(f) All excavated material shall be replaced where it was found and restore the site to its original condition.

(g) Licensees metal detecting shall not interfere with any other park activity.

(h) No shall destroy any such vegetation while using a metal detector.
 



City:                      CedarburgWI
Permit Required:    
Permit Fee:            
Phone Number:      262-375-7611
Website:               http://www.ci.cedarburg.wi.us/Web%20Site%20Content%20Files/Documents/Municipal%20Code/TITLE12.pdf
Law:                  

SEC. 12-1-3 TURF PROTECTION ON PUBLIC PROPERTY.

Except as authorized by the Common Council, no person shall dig into the turf of any City-owned property for any purposes whatsoever or remove any trees or flowers. Absent authorization by the Common Council, the use of metal detectors and digging for buried objects on City property is prohibited.



City:                      Green BayWI
Permit Required:    Yes
Permit Fee:            $6.00
Phone Number:      920-448-3000
Website:               http://www.ci.green-bay.wi.us/geninfo/parks/parks.html
Law:                  Metal Detector Permits

 

Metal Detecting Permits are required of any person using a metal Detector in any City of Green Bay Park. The Parks, Recreation & Forestry Department, 100 N. Jefferson, Room 510, is now issuing Metal Detecting Permits. The cost is $6.00 per person, good January 1 through December 31



City:                      MarinetteWI
Permit Required:    Yes
Permit Fee:            Unknown
Phone Number:      
Website:               http://www.marinettecounty.com/departments/page_32ef10eb9b05/?department=18e4e4e54a43&subdepartment=4f9a2b071f32
Law:                  

f) METAL DETECTORS. The use of metal detectors is prohibited, except by written permit issued by the Department.
 



City:                      MarshallWI
Permit Required:    
Permit Fee:            
Phone Number:      
Website:               http://www.marshall-wi.com/vertical/Sites/%7B498F1B85-D11A-471F-B2FD-985DC8706117%7D/uploads/%7BA101373E-352C-4776-8A2E-8B1992503AD5%7D.PDF
Law:                  

SEC. 12-1-3 TURF PROTECTION ON PUBLIC PROPERTY.

 

Except as authorized by the Chief of Police or Parks Committee, no person shall dig into the turf of any Village-owned park or recreational property for any purposes whatsoever or remove any trees or flowers. Absent authorization by the Chief of Police or Parks Committee, the use of metal detectors and digging for buried objects on Village parks or recreational property.



City:                      MenashaWI
Permit Required:    
Permit Fee:            
Phone Number:      920-967-3600
Website:               http://www.cityofmenasha-wi.gov/content/government/city_code/documents/12-1.pdf
Law:                  

SEC. 12-1-3 TURF PROTECTION ON PUBLIC PROPERTY.

 

Except as authorized by the Common Council, no person shall dig into the turf of any City-owned property for any purposes whatsoever or remove any trees or flowers. Absent authorization by the Parks and Recreation Board, the use of metal detectors and digging for buried objects on City property, except beaches where no vegetation is present, is prohibited.



City:                      PortageWI
Permit Required:    
Permit Fee:            
Phone Number:      608-742-2178
Website:               http://library.municode.com/index.aspx?clientId=13668
Law:                  No City Park Regulation highlights Metal Detecting. There are regulations that could impact metal detecting. (see below)

ARTICLE II. - PARK REGULATIONS

Sec. 54-36. - Protection of park property. No person shall climb any tree or remove flowers or fruit, wild or cultivated, or break, cut down, trample upon, remove or in any manner injure, deface, write upon or ill use any tree, shrub, flower, flowerbed, turf, soil, sand, fountain, ornament, building, structure, apparatus, bench, table, official notice, sign or other property within any park.

Sec. 54-49. - Turf protection on public property. Except as authorized by the common council, no person shall dig into the turf of any city-owned property for any purposes whatsoever or remove any trees or flowers. Absent authorization by the common council, the use of metal detectors and digging for buried objects on city property, except beaches where no vegetation is present, is prohibited.


City:                      Prairie du SacWI
Permit Required:    
Permit Fee:            
Phone Number:      608-643-2421
Website:               http://www.prairiedusac.net/vpds/Ordinances/Title%2004%20-%20Public%20Works/Chapter%2006%20-%20Park%20Regulations.pdf
Law:                  SEC. 4-6-3 USE OF METAL DETECTORS ON PUBLIC PROPERTY.
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Absent authorization by the Village Board, the use of metal detectors and digging for buried objects
on Village property, except beaches where no vegetation is present, is prohibited.



City:                      PrescottWI
Permit Required:    
Permit Fee:            
Phone Number:      715-262-554
Website:               http://www.prescottwi.org/Ordinance_master_file/TITLE12.pdf
Law:                  

Sec. 12-1-3 Turf Protection on Public Property.

 

Except as authorized by the Common Council, no person shall dig into the turf of any City-owned park or recreational property for any purposes whatsoever or remove any trees or flowers. Absent authorization by the Common Council, the use of metal detectors and digging for buried objects on City parks or recreational property, except beaches where no vegetation is present, is prohibited.



City:                      WestportWI
Permit Required:    
Permit Fee:            
Phone Number:      
Website:               http://www.townofwestport.org/Ordinances/Title%204/Title%204%20Chapter%205%20----%201-07.pdf
Law:                  

Sec. 4-5-3 Use of Metal Detectors on Public Property.

 

Absent authorization by the Town Board, the use of metal detectors and digging for buried objects on Town property, except beaches where no vegetation is present, is prohibited.




MDHTALK's List of National Parks in Wisconsin


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 Wisconsin


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.wisconsinhistory.org/archaeology/preserve/

On line State Park Regulations.

State Park Regulations: http://dnr.wi.gov/topic/parks/rules/metaldetect.html

State Park Metal Detecting Rule and Regulation Detail:Using metal detectors on DNR lands
website

Metal detectors may be used on DNR lands or waters only for locating specific lost personal items. A special permit is required.

Conditions of permit

A property office may issue a metal detector permit only to a specific person or designee for the recovery of one or more specific lost personal items, which must be described in the permit application. The permit specifies a limited search area within a DNR-managed property and a specific time between May 1 and October 15 when the detector may be used.

Any proposed metal detecting within recorded archaeological sites requires review and approval by the DNR archaeologist (metal detecting is generally not permitted within reported burial areas, in any case).

Found items

Any recovered item(s) must be presented and reported to the property office for comparison with the permitted recovery. The property office will keep all recovered items not belonging to the permittee.

Archaeological materials (50 years old and older) may not be removed from their locations.

How to get a permit

Fill out the Permit Form [PDF], including a list of your lost items. Send or take it to the manager of the property (park, forest, wildlife area, waterway, etc.) where you want to use the detector. The manager must sign the form before you use the metal detector.

For more Information, ask Mark Dudzik, DNR archaeologist, 608-266-3462.

Addition Informaation that may not longer be correct.

Addition Information

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.