Myers Depot Metal Detectors

How Do You Feel About Hunting A Registered Historic Landmark?

TexHunter

TexHunter

Elite Member
Joined
Jan 22, 2014
Messages
1,387
Location
Forney, TX formerly Colorado
The title says it all. A hunting friend asked me if I wanted to go and hunt a site that has a Texas Historical Landmark sign on the property. No permission had been asked for or received. I said I didn't feel comfortable doing that, and he said "Markers in the front won't slow me down."

I've been involved in this hobby for 48 years, and I've never hunted private property without permission from the owner, and I've never hunted any sites with a Historical Landmark plaque. Am I being a chump because someone else may have hunted it without permission? Would you go and hunt it without permission?
 
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Someone else HAS hunted it, the end. For every person attempting to “do right”, a hundred have just gone. A chump? You have to stay true to your own beliefs, but it doesn’t necessarily make you “right” or “wrong”. It just makes you “you”. In most cases, the BUILDING(S) is/are the landmark. The land is just what it’s sitting on. To me, it would depend on the site. If I felt there was anything remotely nefarious about it, then no. That doesn’t mean I’d never go, it would just depend.
 
Well, besides simply wanting to do what's right and also being a good representative of the hobby, the consequences can be severe:

I just did a search online and here is just one example.....

https://www.nps.gov/fosm/learn/management/metal-detecting.htm

the page at the above link includes the following:

With the growing popularity of metal detecting, and the possibility of discovering treasures, one automatically thinks of exploring historical sites.

Think again! Federal law prohibits the possession and use of metal detectors on federal property.

In addition to metal detecting, federal law also prohibits relic hunting, digging for artifacts, and removing artifacts or historical objects. These acts are illegal and can lead to confiscation of equipment, arrest, and prosecution as a felony under federal law. Penalties may include fines of up to $10,000 and possible prison time.

Responsible digging tips:

1. Educate yourself before you dig. Ignorance of the law is no excuse.
2. Seek permission from the property owner.
3. Dig only where it's legal.
4. Don't leave behind a mine field of holes. Always fill your holes.

Metal detecting is prohibited in National Parks and also on many public lands including city and state parks.
Be sure to check the regulations before you dig. When in doubt call and ask.

Legal Resources
36 Code of Federal Regulations 2.1(a)(7) - the possessing or use of a metal detector magnetometer, side scan sonar, other metal detecting device or subbottom profiler is prohibited.
Archeological Resource Protection Act 1979 - All natural, cultural, and archeological resources are protected and may not be removed or disturbed.
 
Private property is private property even with a Historic landmark marker. If you have permission from the home owner you are good. If it's public land or state owned with a historic marker on it than not so much in my opinion. A lot of those markers just designate a building or spot of historical significance. If privately owned the government can't tell you not to dig on it if the homeowner gave you permission.
 
TexHunter said:
.... I was asked to hunt a site with a Texas Historical Landmark sign on the property, ....
Click to expand...



You were "asked to hunt there " ? Like by the property owner ? Then yes, T-man is right: A private property owner can do whatever the heck he wants on his property. He can allow md'ing. I've detected sites like that all the time. And I feel "most comfortable " doing it. :yes:
 
Tom_in_CA said:
You were "asked to hunt there " ? Like by the property owner ? Then yes, T-man is right: A private property owner can do whatever the heck he wants on his property. He can allow md'ing. I've detected sites like that all the time. And I feel "most comfortable " doing it. :yes:
Click to expand...

Sorry, I wasn't clear. It was the friend that asked me to go and hunt this site without any permission. He's the one that said "Markers in the front won't slow me down."
 
Tom_in_CA said:
You were "asked to hunt there " ? Like by the property owner ? Then yes, T-man is right: A private property owner can do whatever the heck he wants on his property. He can allow md'ing. I've detected sites like that all the time. And I feel "most comfortable " doing it. :yes:
Click to expand...

It was me who asked him. It is public property, an old elementary school which is still in operation. We have a historic school just like it in my local city, the marker on the front of the building. The bulk of the land is all open and less landscaped. My oldest public park here in my city also has a historical marker. You don't think that 90% of the silver hunters haven't worked that place dry? I, myself shied away from these entirely due to the marker an eighth of a mile away from the open spaces. I eventually found out in group hunts that the back was ok.The principle even greeted us on occasion,.

Seriously. Does one marker on a public spot, totally negate the entire 30 acres? Be it 30 or 10 acres, the point is...it's the meek who will inherit only the trash, no glory, with instant avoidance to perfectly proper public land all because of a lone historical marker.

I'll add to the oldest parks with markers. We have two notorious old historic parks here. BOTH legacy old historic parks have markers. I skipped them when began detecting. That was in 2010. Then, I hooked up with a great bunch of tectors, and we beat that ground to death. Park officials have literally at times, stopped and asked if we found anything good. Cops have waved as they passed.

You get what I am saying? Is it foolish to just go swinging a coil in front of a historical marker? Yes. Common sense. Is it sensible to leave 30-40 acres un-detected public land, due to one marker? Markers are not all the same either.
 
Martin_V3i said:
It was me who asked him. It is public property, an old elementary school which is still in operation. We have a historic school just like it in my local city, the marker on the front of the building. The bulk of the land is all open and less landscaped. My oldest public park here in my city also has a historical marker. You don't think that 90% of the silver hunters haven't worked that place dry? I, myself shied away from these entirely due to the marker an eighth of a mile away from the open spaces. I eventually found out in group hunts that the back was ok.The principle even greeted us on occasion,.

Seriously. Does one marker on a public spot, totally negate the entire 30 acres? Be it 30 or 10 acres, the point is...it's the meek who will inherit only the trash, no glory, with instant avoidance to perfectly proper public land all because of a lone historical marker.

I'll add to the oldest parks with markers. We have two notorious old historic parks here. BOTH legacy old historic parks have markers. I skipped them when began detecting. That was in 2010. Then, I hooked up with a great bunch of tectors, and we beat that ground to death. Park officials have literally at times, stopped and asked if we found anything good. Cops have waved as they passed.

You get what I am saying? Is it foolish to just go swinging a coil in front of a historical marker? Yes. Common sense. Is it sensible to leave 30-40 acres un-detected public land, due to one marker? Markers are not all the same either.
Click to expand...

Okay, you clarified things from what some of us might have thought, that it was something like an area with a historical monument which would likely be where tourists might visit.

Obviously your experiences with officials (school principle, park officials, police) have been very positive and didn't give you even the slightest indication the areas you were detecting in were not okay.

Having said all that, I personally would prefer to err on the side of caution and know for sure and look up info stating if the area deemed officially "historical" was just limited to a specific area.
 
Another question to ponder, Is who put the marker there? Some of the markers are simply local fraternal lodges, and local historical societies. And aren't necessarily something with federal or state ramifications on them.

I have hunted public land sites, with historical markers on them, and haven't had a problem. As long as there is no Express rule that said : " no md'ing " But, just like anywhere you go, You don't want to be a sore thumb begging for attention, and acting like a nuisance. Just common sense.

But historical plaques on a location, whether public or private, does not automatically mean that it is forbidden to metal detect.
 
Ive been tempted but the consequenses are not worth it.

Ive found places around them to hunt but have not just in case someone
thinks I am on the acual site.

I live near many Ca historical landmark sites.
 
Tom_in_CA said:
Another question to ponder, Is who put the marker there? Some of the markers are simply local fraternal lodges, and local historical societies. And aren't necessarily something with federal or state ramifications on them.

I have hunted public land sites, with historical markers on them, and haven't had a problem. As long as there is no Express rule that said : " no md'ing " But, just like anywhere you go, You don't want to be a sore thumb begging for attention, and acting like a nuisance. Just common sense.

But historical plaques on a location, whether public or private, does not automatically mean that it is forbidden to metal detect.
Click to expand...

Texas Historic Landmark placed 1996 by the Texas Historical Commission.
 
Tom_in_CA said:
Another question to ponder, Is who put the marker there? Some of the markers are simply local fraternal lodges, and local historical societies. And aren't necessarily something with federal or state ramifications on them.

I have hunted public land sites, with historical markers on them, and haven't had a problem. As long as there is no Express rule that said : " no md'ing " But, just like anywhere you go, You don't want to be a sore thumb begging for attention, and acting like a nuisance. Just common sense.

But historical plaques on a location, whether public or private, does not automatically mean that it is forbidden to metal detect.
Click to expand...

TexHunter said:
Texas Historic Landmark placed 1996 by the Texas Historical Commission.
Click to expand...

Okay, different locations seem to have different restrictions depending on various criteria.

Trying to determine if any restrictions automatically apply to the specific property referred to in this thread - "an old elementary school which is still in operation".

If it can be determined which category this specific property falls under then you should be able to tell if there are any automatic mandated restrictions or if how the property is used is up to the owner or those in direct control of the property.

Here is a web site I found that might be of help -

https://www.thc.texas.gov/nrhp-faq

a quote from the above page as one possible example:

Q: How does National Register listing affect my property rights? What changes can I make to the building?

A: As long as there’s no federal money or permit involved, the National Register does not regulate the actions of private owners. Owners do not need permission from the federal government to make alterations to listed properties and can treat or dispose of the property however they choose.

The National Register also does not prevent demolition or destruction of listed properties. However, inappropriate work done on a listed building can result in a loss of historic integrity and its removal from the National Register.

While listing in the National Register carries no restrictions, other designations do. Owners of Recorded Texas Historic Landmarks (RTHL), State Antiquities Landmarks (SAL), or locally designated landmarks are required to follow certain regulations pertaining to the treatment of those properties.

THC staff can help you determine whether your property carries such designations and can advise you on appropriate treatment options.

Furthermore, owners of listed properties who wish to utilize tax incentives or grants to help with rehabilitation or preservation will have their plans subject to prior review and approval by the appropriate state and/or federal agencies involved.

(end of quote)

(whether the above example applies to the specific property mention in this thread you'll need to research more to be sure)
 
If the property is privately owned you can detect with owners permission. The Government has nothing to do with the property and what is done with or on it as long as it is still privately owned. If it were a school I would detect the heck out of it.
 
Where I live, Historical Landmark status doesn't stop them from tearing said places down. Almost like the designation is worthless
Click to expand...

I'm afraid that designation is used to get a tax break more than anything else. I have hunted a couple of buildings that are on the "National Register of Historic Places" and never had a problem. They're on public land, so no permission was required.
 
Tom_in_CA said:
Another question to ponder, Is who put the marker there? Some of the markers are simply local fraternal lodges, and local historical societies. And aren't necessarily something with federal or state ramifications on them.

I have hunted public land sites, with historical markers on them, and haven't had a problem. As long as there is no Express rule that said : " no md'ing " But, just like anywhere you go, You don't want to be a sore thumb begging for attention, and acting like a nuisance. Just common sense.

But historical plaques on a location, whether public or private, does not automatically mean that it is forbidden to metal detect.
Click to expand...


Many markers seen on old buildings and homes have been purchased by the landowner... where I live they cost around $100

I have hunted a old school with a marker on it... it was fun and no one bothered me... Lots of cool stuff lost by those kids... recently at this school that is still standing.... a builder bought where the kids played and built a house there...


2 years ago I hunted a historic property with permission of the landowner.

https://metaldetectingforum.com/showthread.php?t=264955

I was expecting more period stuff from it but beggars can't be choosy ;)
 
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