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Old 05-19-2010, 02:43 PM
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Smile California State Beaches

I'm new and was trying to figure out where one could go detecting. I've seen numerous posts of different people detecting on California State Beaches. The question is, Is it legal to detect on a State Beach.
I tried to do some research myself and contacted the California State Parks Service. I received the below response...
So I'm wondering... Is everyone just getting permission from their local District Superintendents or just park personel? and if so...how difficult is this...do most of them say yes... or I'm wondering if there is some stipulation that deals with proximity to the ocean that I don't know about?

The other question is if you find something of value in excess of $100...What is the process? Any experience with that?

Sorry for so many questions but I don't want to vioate and laws etc.
Any input would be appreciated, Thanks!

"Thank you for your e-mail.

In answer to your request concerning the regulations that govern metal detecting in State Parks, the following information is provided:



The California Code of Regulations, Title XIV, Division 3, Section 1 contains four sections applicable to the use of metal detectors in State Parks. Section 4305 prohibits the disturbance of any animal, Section 4306 prohibits the disturbance of any plant, Section 4307 prohibits the disturbance of any geological feature, and Section 4308 prohibits the disturbance of any archaeological feature. These regulations define, plant life as including; leaf mold, grass, turf, and humus; and geological features include earth, sand, gravel, and rocks.



The act of passing a metal detector over the ground in a State Park is not against the law. The prying up or digging out of an object however may be, as this may not be done if it disturbs the animals, plants, geological or archaeological features. Section 4309 gives the Department the authority to grant permits to disturb resources if it is in the best interest of the Department to do so.



Since the units of the Department are extremely varied, we have delegated the authority to regulate activity related to metal detectors to our District Superintendents. Therefore, you will need to contact personnel in the park in which you wish to perform metal detecting and follow their instructions as to where and how you may metal detect.



The recovery of lost items or property is subject to the conditions of Civil Code Sections 2080.1 through 2080.6. All items with a value of $100.00 or more must be turned in to State Park officials. If no one claims the item within 90 days, it may then be transferred to the finder.





4305. Animals.

(a) Protection. No person shall molest, hunt, disturb, harm, feed, touch, tease, or spotlight any kind of animal or fish or so attempt.

(b) No person shall injure, trap, take, net, poison, or kill, any kind of animal or fish, or so attempt, except that fish and bait may be taken, other than for commercial purposes in accordance with state laws and regulations.

(c) Where hunting in a state recreation area or within the State Vehicular Recreation Area and Trail System or portion thereof is permitted by regulations herein, so much of this section as is inconsistent therewith shall be deemed inapplicable, provided hunting is conducted in the manner specified.

(d) This section does not apply to activities undertaken by the Department in conjunction with its resource management activities.

(e) Feeding. In units or portions thereof where posted in accordance with Section 4301(i), no person shall feed any wildlife or feral animal listed on such posting.



4306. Plants and Driftwood.

(a) No person shall willfully or negligently pick, dig up, cut, mutilate, destroy, injure, disturb, move, molest, burn, or carry away any tree or plant or portion thereof, including but not limited to leaf mold, flowers, foliage, berries, fruit, grass, turf, humus, shrubs, cones, and dead wood, except in specific units when authorization by the Department to take berries, or gather mushrooms, or gather pine cones, or collect driftwood is posted at the headquarters of the unit to which the authorization applies. Any collecting allowed by authority of this section may be done for personal use only and not for commercial purposes.

(b) No person may gather more than five pounds of such material except driftwood each day in the State Park System or State Vehicular Recreation Area and Trail System.

(c) No person may gather more than 50 pounds or one piece of driftwood each day in the State Park System or State Vehicular Recreation and Trails System.

(d) Use of tools, vehicles, and equipment for the collecting of driftwood is prohibited.

(e) Upon a finding that it will be in the best interest of the Department of Parks and Recreation, the District Superintendent may, by posting, authorize the collection of driftwood from specified units on a temporary basis, either by the general public or by commercial operators, if necessary, in quantities, for purposes, and by means other than as specified by this section.

(f) This section does not apply to activities undertaken by the Department in conjunction with its resource management activities.



4307. Geological Features.

(a) No person shall destroy, disturb, mutilate, or remove earth, sand, gravel, oil, minerals, rocks, paleontological features, or features of caves.

(b) Rockhounding may be permitted as defined in Section 4301(v).



4308. Archaeological Features.

No person shall remove, injure, disfigure, deface, or destroy any object of archaeological, or historical interest or value.



4309. Special Permits.

The Department may grant a permit to remove, treat, disturb, or destroy plants or animals or geological, historical, archaeological or paleontological materials; and any person who has been properly granted such a permit shall to that extent not be liable for prosecution for violation of the foregoing."
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Old 05-19-2010, 02:50 PM
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Buy Camo and do it at night. That is to much to deal with. WOW

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Old 05-19-2010, 02:51 PM
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If it's against the law to "disturb" sand then why don't they arrest all the little kids on the beach building sand castles? I think the intent is to not go out with a backhoe and start digging holes in search of a buried treasure chest, or removing sand from the beach by the truckload.

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Old 05-19-2010, 02:56 PM
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Never had any problems detecting in a CA state beach. State park rangers have never given me any hazzle and most of them are very appreciative of the garbage we recover. Just make sure you fill your holes.

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Old 05-19-2010, 03:09 PM
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Quote:
Originally Posted by poptopking View Post
Buy Camo and do it at night. That is to much to deal with. WOW
So all I need is a wetsuit & night vision goggles... Should I do an insertion via inflatable boat or just put on the scuba gear and crawl up through the surf...he he
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Old 05-19-2010, 03:35 PM
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Quote:
Originally Posted by Rudy View Post
Never had any problems detecting in a CA state beach. State park rangers have never given me any hazzle and most of them are very appreciative of the garbage we recover. Just make sure you fill your holes.
I agree. All I can add here is that I was once asked to leave a "county" park lake because of some vague restrictions on "swimming" (by definition I was swimming because I was wading in past my knees). I eventually got permission to metal detect, from the Director of Parks and Recreation, because I showed that I removed hazardous objects from the water and made the lake safer and healthier. HH!

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Old 05-19-2010, 04:52 PM
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Quote:
Originally Posted by SCYoungGun View Post
So all I need is a wetsuit & night vision goggles... Should I do an insertion via inflatable boat or just put on the scuba gear and crawl up through the surf...he he
You can -and will- be fined for being on a state beach after hours. So don't do any amphibious landings at night.

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Old 05-19-2010, 09:11 PM
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Like everyone else said I too have been detecting them since the 80` and never any problem with myself or any of the hundreds of detectorist Ive seen detecting.
Allways fill your holes as best you can.
Good Luck.

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