Early day hunt pays off

Hey Tom, I'm new to these forums and don't know you but I feel like you are pretty cynical about the authorities when it comes to metal detecting. Could I ask why? Seems to me that building a good relationship with your local park districts and officials is a smart thing to do. Why risk getting your detector or finds confiscated by an overzealous park ranger? You seem to be more in the it's easier to ask forgiveness than permission camp. Why is that?

I am in the Tom camp. I feel like sometimes asking permission will just draw attention to yourself and cause them to immediately say no absolutely not. Heck most of them probably wouldn't even bat an eye if they see you detecting, until you actually asked about it. Instead I will just look for their rules online and if metal detecting isn't specifically denied on the rules I say go for it. Now here in Oregon the state parks have a webpage that says exactly which parks you can detect and where exactly you can do it in each park. The parks here that you can't detect usually have some historic nature, in which case it is best to not even try since Oregon has some pretty strict rules about Archaeological sites in the state.
 
I contacted Columbus today and ask them what the rules were for detecting in state parks. They told me that the the rule is written permission must be obtained for anything other than beach areas. I asked him about the areas that are maintained grass and they said it is on a park-to-park basis.
They said that the rule has not changed that they are aware of. I only double-checked because with my employer (County worker) I can't afford to have any issues.
They said they have recently had multiple calls from detectorists asking the very same question.

1501:41-7-08 Metal detectors prohibited.
(A) No person shall use or offer for use any device for the purpose of locating or
removing any metallic objects or any other objects of value from any lands or waters of
the Ddivision without first having obtained written permission from the area manager.
except that sand beaches shall be exempt from the prohibition.
(B) Not withstanding (A) of this rule, metal detecting is permitted without written
permission on sand beach areas and mowed areas, except mowed areas associated
with a golf course, rental facility, or campground. Any area disturbed by the activity
shall immediately be returned to a condition as close to undisturbed as possible.
 
Hordfest, welcome to the forum and hobby. As you can probably tell, my post was tongue-in-cheek. Not meant as a personal insult. Nor did you intend to go ask them about Indian bones, etc...

You ask several questions, so let's take one at a time:

.... pretty cynical about the authorities when it comes to metal detecting. Could I ask why?....

No. I'm not pretty cynical about authorities. I'm pretty cynical about asking authority's permission . Where permission wasn't needed. Ie.: if there's not an express "no md'ing" law or rule, then presto, it's not prohibited.

So then asking permission risks being met with "safe answers" to "pressing questions". When the truth be told: Those authorities might have cared less, nor ever given the matter a moment's thought. Until someone is in front of them asking permission . As if the act-of-md'ing is somehow wrong or evil, that it needed sanctions and permission. :?:

Authorities are simply doing their job. Nothing cynical about that. If you ask them "can I do such & such?", they will merely answer your question. And in doing so, then like all human beings, their minds will tend to think-through-the-ramifications. Ie.: you might dig and leave holes. You might "take things", etc....

I have seen this happen first-hand: Locations and authorities who could have cared less. Yup: They pass you by, and ignore you. Until the day came when someone took it upon themselves to ask permission or seek clarifications. And .... the whimsical "no" came out. Or worse yet: A law or rule written to "address the pressing issue". :(

Not cynical at all. It's just human nature doing what human nature does. You ask them a question, they're going to give you an answer. Nothing wrong or cycnical about that.



.... Seems to me that building a good relationship with your local park districts and officials is a smart thing to do....

Huh ? How is it building a "bad" relationship, for a person to look up the laws for himself ? How is that a bad thing ? What could be more law-abiding than that ?

And if you're alluding to "grey area laws" (ie.: what constitutes "mowed" turf, etc....), ok, then: Let's assume that, yes, it has a degree of ambiguity. Then isn't it up to the legislating entity to be clear ?

Sort of like "blocking sidewalks laws" or laws that forbid "annoyances". Yes: They're ambiguous & vague. BUT no one thinks for a moment that .... In order to stop on the sidewalk that they "need permission" or should "seek clarification" to make sure that doesn't violate laws that forbid blocking sidewalks. Right ? On the contrary, if someone thinks you are 'blocking the sidewalk' or 'being an annoyance', they're welcome to tell you, eh ?


.... Why risk getting your detector or finds confiscated by an overzealous park ranger? ...

Hordfest, do you have any examples of any md'r getting his "finds" or "detector" confiscated, for failing to meet this grey area ambiguity of "mowed" versus "un-mowed" ? If so, please show us the link.

The only links that are ever forthcoming (when supposed fears of "arrests" and "tickets" and "confiscations" are rolled out), are always someone who is A) night sneaking obvious historic sensitive monuments, or B) someone who couldn't take a warning. If you have any links to the contrary (benign normal park turf, sand boxes, beaches, etc....) I'd like to see them.

....You seem to be more in the it's easier to ask forgiveness than permission camp. Why is that?

This question is "very telling". It implies your starting premise. That md'ing is "wrong". Lest why else would anyone "seek forgiveness" if they weren't doing something wrong in the first place ? :?: If we start with that premise that md'ing is "wrong", then yes: Everything else you're saying does indeed logically follow.

But why start with that premise ? Unless there is an express explicit "no md'ing" rule , then ... nothing to "seek forgiveness" for, in the first place. Eh ?
 
I am in the Tom camp. I feel like sometimes asking ....

thanx for the solidarity on this .

There was actually a case, of a state park administered beach near me, where the following actually occurred :

a) This beach (as is the case with all state run beaches in CA , which are 90% of our coastline) have been detected since time-immortal. Never been an issue. In fact, it never even occurred to anyone that there was anything to ask about, or wonder about, etc....

b) But then one day, I'm reading a FB metal detecting thread, and someone came on lamenting that "md'ing at such & such state beach isn't allowed". I was rather shocked at this statement, because it was/is a beach that we detect all the time. Hmmmm.

c) so I asked the person "Since when ? Who told you that ? etc..."

d) To which the person simply showed me the screen capture of the answer they'd received , when they'd sent an inquiry to state parks dept. They had simply clicked on the "ask a question" tab on the website. Someone in Sacramento answered back "no". And went on to cite verbiage that forbids "harvest and remove".

As you can see from that true story, this was *clearly* a case of "pressing questions" getting silly answers. Whomever was tasked with answering that PR website, probably thought "long and hard" and realized that the act of md'ing involves "removing things" (coins). And then ... presto found boiler plate language about that.

Did anyone care one iota ? OF COURSE NOT. And to this day, you can md there till your hearts content. Yup, right in front of state park rangers, etc.... No one cares.

That was an example of the psychology at work. We can call that "cynicism" if you want. Fine then: Durned good reason to be cynical.
 
They told me that the the rule is written permission must be obtained for anything other than beach areas...

They said that the rule has not changed that they are aware of.

metal detecting is permitted without written
permission on sand beach areas and mowed areas, except mowed areas associated
with a golf course, rental facility, or campground. Any area disturbed by the activity
shall immediately be returned to a condition as close to undisturbed as possible.

Understandable that your job could be impacted, but they are ignorant on the matter and actually contradicted themselves. The law was changed 2 years ago. I have to agree with Tom as well. Officials always are looking to yield power, even in areas they have no right to do so.

Maybe twice is detecting for 10 years I have left just to avoid confrontation. One time I was detecting a school and someone yelled at me while they were walking by with their dog. Was I legally allowed to detect there? Yes. But its just not worth getting in an argument over. In the end I could of held my ground, but I have nothing to prove, except trying to finding me gold rings!:cool:
 
Thanks for taking the time to answer Tom. I understand more about where you are coming from now. It makes sense. I misinterpreted your response and you make a fair point. Why invite potential negative attention onto something legal that nobody probably will care about?

Personally I still am in the camp always giving a head ups if I'm detecting in a state or county park the first time I go there regardless but I see the merits of your approach as well. But I'm also prepared to shrug and walk away if there's a misunderstanding. Hopefully it doesn't happen though!
 
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