AthensHunter
Full Member
- Joined
- Jan 3, 2010
- Messages
- 100
I need some help clarifying some laws for Georgia pertaining to metal detecting. I figured that public schools (when not in session) and public parks were both fine for detecting, but this past weekend ran into some problems with the law.
Me and my father were out detecting at a local public school, and there was nobody there, not a single person. We were detecting in sandy playground areas, so I would hesitate to call what we were doing "digging", but I guess legally you would call it that. Before we know it, a cop car rolls up and says we can't be there digging, and tells us to leave. Now, I was under the impression (after asking here when I was a new member) that public schools were fair game as long as they weren't in session or being used for any other public/school function. School has been out for 3 weeks here, and we thought we would be fine. We asked the cop why we couldn't be there since it was a public school funded in-part by our tax dollars. His reply? "This is private property belonging to the board of education!" We didn't really want a ticket for trespassing or to be arrested, so we left. I felt bad because it was me who told my father than it was OK to detect on public school property given school wasn't in session and there weren't others wanting to use the area.
So what's the deal? I looked up the law online, and all it says is:
"2. On privately-owned land, it is legal to dig for artifacts (including when artifacts have been found by metal detecting) if you have written permission of the landowner. All lands in Georgia are either owned privately or by the local, state, or federal government. This includes Civil War sites.
Hobbyists and professional archaeologists alike must determine who owns the land and ask their permission first, before undertaking any activity."
and:
"PROHIBITING METAL DETECTING ON STATE-OWNED LANDS [see 12-3-10(n)]
*** CODE SECTION ***
12-3-10
(a) As used in this Code section, the term "park, historic site, or recreational area" means a park, historic site, or recreational area which is operated by or for and is under the custody and control of the department.
(b) It shall be unlawful for any person to enter upon any park, historic site, or lands managed by the Department of Natural Resources except when in compliance with all applicable laws and all rules, regulations, and permits adopted pursuant to paragraph (1) of subsection (a) of Code Section 12-3-9.
(c) It shall be unlawful for any person, in any manner, to mark on, deface, injure, displace, dig, excavate, remove, or construct on any real or personal property on any park, historic site, or recreational area, except when done with special written permission granted by the commissioner of natural resources or his authorized representative."
Is the Department of Natural Resources the same as Parks and Recreation? Does a "recreation area" mean any and all public parks, or only Sate Parks (which obviously are off-limits)? The law is so broadly stated that it doesn't distinguish between STATE PARKS (wildlife refuges, etc) and simple public/city parks. Are public/city parks under control of the Dept. of Nat. Resources or not? I thought they were under the Dept. of Parks and Rec.? It says that ALL land in Georgia is either private or state-owned; does this mean there is zero public land? Does this essentially mean that there is NO LAND in Georgia that can be detected without written permission? I can't go to ANY park or ANY school and detect (legally) because they are all, essentially, owned by the government? What happened to schools being public property since my taxes help pay for them? Since when is the B.O.E. a private owner?
I'd hate to have to give up the hobby because I would have to ask for permission everywhere to detect. I'm sure what the response will be if I ask a SCHOOL to metal detect the grounds. What gives? This is so stupid. What should I tell my father? That he has to give up his new hobby (which he LOVES, by the way) because it's illegal in Georgia? Either that or only detect in our yard (how exciting).
EDIT: UPDATE--okay after some careful reading and Googling, it appears the Georgia Department of Natural Resources is in charge of STATE PARKS only, and NOT city or public parks. There are currently NO LAWS in our city regarding the use of personal metal detectors in parks, so it looks like those are still OK to detect in. Still working on schools, but it's hard to find any more information about them on Google.
Me and my father were out detecting at a local public school, and there was nobody there, not a single person. We were detecting in sandy playground areas, so I would hesitate to call what we were doing "digging", but I guess legally you would call it that. Before we know it, a cop car rolls up and says we can't be there digging, and tells us to leave. Now, I was under the impression (after asking here when I was a new member) that public schools were fair game as long as they weren't in session or being used for any other public/school function. School has been out for 3 weeks here, and we thought we would be fine. We asked the cop why we couldn't be there since it was a public school funded in-part by our tax dollars. His reply? "This is private property belonging to the board of education!" We didn't really want a ticket for trespassing or to be arrested, so we left. I felt bad because it was me who told my father than it was OK to detect on public school property given school wasn't in session and there weren't others wanting to use the area.
So what's the deal? I looked up the law online, and all it says is:
"2. On privately-owned land, it is legal to dig for artifacts (including when artifacts have been found by metal detecting) if you have written permission of the landowner. All lands in Georgia are either owned privately or by the local, state, or federal government. This includes Civil War sites.
Hobbyists and professional archaeologists alike must determine who owns the land and ask their permission first, before undertaking any activity."
and:
"PROHIBITING METAL DETECTING ON STATE-OWNED LANDS [see 12-3-10(n)]
*** CODE SECTION ***
12-3-10
(a) As used in this Code section, the term "park, historic site, or recreational area" means a park, historic site, or recreational area which is operated by or for and is under the custody and control of the department.
(b) It shall be unlawful for any person to enter upon any park, historic site, or lands managed by the Department of Natural Resources except when in compliance with all applicable laws and all rules, regulations, and permits adopted pursuant to paragraph (1) of subsection (a) of Code Section 12-3-9.
(c) It shall be unlawful for any person, in any manner, to mark on, deface, injure, displace, dig, excavate, remove, or construct on any real or personal property on any park, historic site, or recreational area, except when done with special written permission granted by the commissioner of natural resources or his authorized representative."
Is the Department of Natural Resources the same as Parks and Recreation? Does a "recreation area" mean any and all public parks, or only Sate Parks (which obviously are off-limits)? The law is so broadly stated that it doesn't distinguish between STATE PARKS (wildlife refuges, etc) and simple public/city parks. Are public/city parks under control of the Dept. of Nat. Resources or not? I thought they were under the Dept. of Parks and Rec.? It says that ALL land in Georgia is either private or state-owned; does this mean there is zero public land? Does this essentially mean that there is NO LAND in Georgia that can be detected without written permission? I can't go to ANY park or ANY school and detect (legally) because they are all, essentially, owned by the government? What happened to schools being public property since my taxes help pay for them? Since when is the B.O.E. a private owner?
I'd hate to have to give up the hobby because I would have to ask for permission everywhere to detect. I'm sure what the response will be if I ask a SCHOOL to metal detect the grounds. What gives? This is so stupid. What should I tell my father? That he has to give up his new hobby (which he LOVES, by the way) because it's illegal in Georgia? Either that or only detect in our yard (how exciting).
EDIT: UPDATE--okay after some careful reading and Googling, it appears the Georgia Department of Natural Resources is in charge of STATE PARKS only, and NOT city or public parks. There are currently NO LAWS in our city regarding the use of personal metal detectors in parks, so it looks like those are still OK to detect in. Still working on schools, but it's hard to find any more information about them on Google.