METAL DETECTING LAWS
FOR ALABAMA
Personally, I can barely find anything in any one place, to lay down all the rules, regulations, and laws, for metal detecting in Alabama, So I am going to take all the information I have found. Post it here, so that you can get it all in one place. That way you do not spend as long as me, looking for everything.
1. ANY AND ALL STATE PARKS IN ALABAMA ARE ILLEGAL TO DETECT IN! Arrested, fines, etc for getting caught. Here is a list of all state parks.
- Bladon Springs State Park
- Blue Springs State Park
- Buck's Pocket State Park, located in Grove Oak, Alabama
- Cathedral Caverns State Park, located in Grant
- Cheaha State Park
- Chewacla State Park
- Chickasaw State Park
- DeSoto State Park
- Florala State Park
- Frank Jackson State Park
- Gulf State Park
- Joe Wheeler State Park, located near Rogersville
- Lake Guntersville State Park, located outside Guntersville
- Lake Lurleen State Park
- Lakepoint Resort State Park
- Meaher State Park
- Monte Sano State Park, located in Huntsville
- Oak Mountain State Park
- Paul M. Grist State Park
- Rickwood Caverns State Park
- Roland Cooper State Park
- Wind Creek State Park
Parks under other management[edit]
- Historic Blakeley State Park
- Brierfield Ironworks Historical State Park
- Chattahoochee State Park
- Tannehill Ironworks Historical State Park
So there is the List of the state parks that are a NO NO. So do that at your own risk.
CITY AND COUNTY PARKS
1. They kind of have their own regulations, usually a sign may be posted, or you can as your county about those parks. Most of the time, these are not big, or major parks, but still well traveled, so they are worth looking into. Though, as said rules may vary.
Code of Alabama
Title 41 - State Government
Chapter 3 - Aboriginal Mounds, Earthworks and other Antiquities
Section 41-3-1
Reservation of exclusive right and privilege of state to explore, excavate orsurvey aboriginal mounds, earthworks, burial sites, etc.; state ownership of objects found or located therein declared.
The State of Alabama reserves to itself the exclusive right and privilege ofexploring, excavating or surveying, through its authorized officers, agents or employees, all aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites within the State of Alabama, subject to the rights of the owner of the land upon which such antiquities are situated, for agricultural, domestic or industrial purposes, and the ownership of the state is hereby expressly declared in any and all objects whatsoever which may be found or located therein.
Metal Detecting In Alabama? If You Are Going To Dig, Follow The Law.
Title 41 - State Government
Chapter 3 - Aboriginal Mounds, Earthworks and other Antiquities
Section 41-3-1
Reservation of exclusive right and privilege of state to explore, excavate orsurvey aboriginal mounds, earthworks, burial sites, etc.; state ownership of objects found or located therein declared.
The State of Alabama reserves to itself the exclusive right and privilege ofexploring, excavating or surveying, through its authorized officers, agents or employees, all aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites within the State of Alabama, subject to the rights of the owner of the land upon which such antiquities are situated, for agricultural, domestic or industrial purposes, and the ownership of the state is hereby expressly declared in any and all objects whatsoever which may be found or located therein.
Metal Detecting In Alabama? If You Are Going To Dig, Follow The Law.
Section 41-3-2
Nonresidents not to explore or excavate remains or carry away, etc., from state objects discovered therein, etc.
No person not a resident of the State of Alabama, either by himself personally or through any agent or employee or anyone else acting for such person, shall explore or excavate any of the remains described in Section 41-3-1 or carry or send away from the state any objects which may be discovered therein or which may be taken therefrom or found in the vicinity thereof.
Section 41-3-3
Explorations or excavations of remains not to be done without consent of owner of land and not to injure crops, houses, etc., thereon.
No explorations or excavations shall be made in any of such remains without the consent of the owner of the land first had and obtained and unless such work is done in such way as not to injure any crops, houses or improvements on the land adjacent to or forming a part of such remains.
Nonresidents not to explore or excavate remains or carry away, etc., from state objects discovered therein, etc.
No person not a resident of the State of Alabama, either by himself personally or through any agent or employee or anyone else acting for such person, shall explore or excavate any of the remains described in Section 41-3-1 or carry or send away from the state any objects which may be discovered therein or which may be taken therefrom or found in the vicinity thereof.
Section 41-3-3
Explorations or excavations of remains not to be done without consent of owner of land and not to injure crops, houses, etc., thereon.
No explorations or excavations shall be made in any of such remains without the consent of the owner of the land first had and obtained and unless such work is done in such way as not to injure any crops, houses or improvements on the land adjacent to or forming a part of such remains.
Section 41-3-4
Explorations or excavations not to destroy, deface, etc., remains; restoration of remains after explorations or excavations.
No explorations or excavations shall be made which will destroy, deface or permanently injure such remains; and, after any such explorations or excavations, they shall be restored to the same or like condition as before such explorations or excavations were made.
Explorations or excavations not to destroy, deface, etc., remains; restoration of remains after explorations or excavations.
No explorations or excavations shall be made which will destroy, deface or permanently injure such remains; and, after any such explorations or excavations, they shall be restored to the same or like condition as before such explorations or excavations were made.
Metal Detecting in Alabama, or any treasure hunting can get you arrested.
Section 41-3-5
Disposition of objects taken from remains.
No objects taken from such remains shall be sold or disposed of out of the state, but when removed therefrom the objects so gathered shall be retained in state custody and either placed in the collection of the Department ofArchives and History or in the museums or in the libraries of the educational or other institutions of the state or they may be exchanged for similar or other objects from other states, museums, libraries or individuals.
Section 41-3-6
Exploration or excavation of aboriginal mounds, earthworks, etc., contrary to law.
Any person who shall explore or excavate any of the aboriginal mounds, earthworks or other antiquities of this state contrary to the laws of this state shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000.00 for each offense.
If it is a historical park in any sense of the word then consider it off limits.
Code of Alabama Title 41 - State Government Chapter 3 - Aboriginal Mounds, Earthworks and other Antiquities Section 41-3-1
Reservation of exclusive right and privilege of state to explore, excavate or survey aboriginal mounds, earthworks, burial sites, etc.; state ownership of objects found or located therein declared.
The State of Alabama reserves to itself the exclusive right and privilege of exploring, excavating or surveying, through its authorized officers, agents or employees, all aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites within the State of Alabama, subject to the rights of the owner of the land upon which such antiquities are situated, for agricultural, domestic or industrial purposes, and the ownership of the state is hereby expressly declared in any and all objects whatsoever which may be found or located therein.
Section 41-3-2 Nonresidents not to explore or excavate remains or carry away, etc., from state objects discovered therein, etc. No person not a resident of the State of Alabama, either by himself personally or through any agent or employee or anyone else acting for such person, shall explore or excavate any of the remains described in Section 41-3-1 or carry or send away from the state any objects which may be discovered therein or which may be taken therefrom or found in the vicinity thereof.
Section 41-3-3 Explorations or excavations of remains not to be done without consent of owner of land and not to injure crops, houses, etc., thereon.
No explorations or excavations shall be made in any of such remains without the consent of the owner of the land first had and obtained and unless such work is done in such way as not to injure any crops, houses or improvements on the land adjacent to or forming a part of such remains.
Section 41-3-4 Explorations or excavations not to destroy, deface, etc., remains; restoration of remains after explorations or excavations.
No explorations or excavations shall be made which will destroy, deface or permanently injure such remains; and, after any such explorations or excavations, they shall be restored to the same or like condition as before such explorations or excavations were made.
Section 41-3-5 Disposition of objects taken from remains. No objects taken from such remains shall be sold or disposed of out of the state, but when removed therefrom the objects so gathered shall be retained in state custody and either placed in the collection of the Department of Archives and History or in the museums or in the libraries of the educational or other institutions of the state or they may be exchanged for similar or other objects from other states, museums, libraries or individuals.
Section 41-3-6 Exploration or excavation of aboriginal mounds, earthworks, etc., contrary to law. Any person who shall explore or excavate any of the aboriginal mounds, earthworks or other antiquities of this state contrary to the laws of this state shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000.00 for each offense.
Translation - Don't dig up indian mounds or go grave robbing.
Alabama state parks...
(4) It shall be unlawful for any person to use any metal detection device in any State Park for the purpose of finding and removing, from said park, any items that are not his/her personal possessions without permission from the Park Manager.
Many state parks do allow metal detecting on the swimming beach, but ask first. Some parks like De Soto, are not 1friendly to our kind.
Code of Alabama Title 41 - State Government Chapter 3 - Aboriginal Mounds, Earthworks and other Antiquities Section 41-3-1
Reservation of exclusive right and privilege of state to explore, excavate or survey aboriginal mounds, earthworks, burial sites, etc.; state ownership of objects found or located therein declared.
The State of Alabama reserves to itself the exclusive right and privilege of exploring, excavating or surveying, through its authorized officers, agents or employees, all aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites within the State of Alabama, subject to the rights of the owner of the land upon which such antiquities are situated, for agricultural, domestic or industrial purposes, and the ownership of the state is hereby expressly declared in any and all objects whatsoever which may be found or located therein.
Section 41-3-2 Nonresidents not to explore or excavate remains or carry away, etc., from state objects discovered therein, etc. No person not a resident of the State of Alabama, either by himself personally or through any agent or employee or anyone else acting for such person, shall explore or excavate any of the remains described in Section 41-3-1 or carry or send away from the state any objects which may be discovered therein or which may be taken therefrom or found in the vicinity thereof.
Section 41-3-3 Explorations or excavations of remains not to be done without consent of owner of land and not to injure crops, houses, etc., thereon.
No explorations or excavations shall be made in any of such remains without the consent of the owner of the land first had and obtained and unless such work is done in such way as not to injure any crops, houses or improvements on the land adjacent to or forming a part of such remains.
Section 41-3-4 Explorations or excavations not to destroy, deface, etc., remains; restoration of remains after explorations or excavations.
No explorations or excavations shall be made which will destroy, deface or permanently injure such remains; and, after any such explorations or excavations, they shall be restored to the same or like condition as before such explorations or excavations were made.
Section 41-3-5 Disposition of objects taken from remains. No objects taken from such remains shall be sold or disposed of out of the state, but when removed therefrom the objects so gathered shall be retained in state custody and either placed in the collection of the Department of Archives and History or in the museums or in the libraries of the educational or other institutions of the state or they may be exchanged for similar or other objects from other states, museums, libraries or individuals.
Section 41-3-6 Exploration or excavation of aboriginal mounds, earthworks, etc., contrary to law. Any person who shall explore or excavate any of the aboriginal mounds, earthworks or other antiquities of this state contrary to the laws of this state shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000.00 for each offense.
Translation - Don't dig up indian mounds or go grave robbing.
Alabama state parks...
(4) It shall be unlawful for any person to use any metal detection device in any State Park for the purpose of finding and removing, from said park, any items that are not his/her personal possessions without permission from the Park Manager.
Many state parks do allow metal detecting on the swimming beach, but ask first. Some parks like De Soto, are not 1friendly to our kind.
I personally know from experience, about De Soto, but i didnt know at the time, i apoligized and left. That was some 12 years ago when i was with my brother. i was using his detector at the time.
MORE LAWS AND RULES
Update: I found it... It's in their promulgated rules and regs.
8. ProhibitedDevices(220-5-.08)
(1) It shall be unlawful for any person other than a duly authorized law enforcement
officer to possess or carry into any State Park any form of firearm without written permission of the manager or custodian in charge of the State Park visited; provided, however, nothing in this regulation prohibits the possession of handguns by lawfully licensed persons for personal protection, provided the handguns are not used for any unlawful purpose. No person shall possess, discharge or set off on or within a State park any firecrackers, torpedoes, rockets, cap pistols, or other fireworks.
(2) No person shall operate or use any audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times so as to disturb other persons.
(3) No person shall operate or use any public address system whether fixed, portable, or vehicle mounted except when such use or operation has been approved by the Park Manager.
(4) It shall be unlawful for any person to use any metal detection device in any State Park without permission from the Park manager.
LAST THAT I COULD FIND BUT MOST IMPORTANT ALABAMA TASK FORCE FOR DETECTING IN ALABAMA.
Success in Alabama!
Update: 2/24/12 – Thanks to YOUR help, our fellow Detectorists in Alabama have avictory! Bill HB-54 passed …. YOU sending one email really did make a difference.Now it’s onto the Senate. Please email the Senators in Alabama using the link below. Tell them to pass SB-81. Together, we are making a difference!
Reach all Alabama State Senators with one email. Click on the link below and then paste all of the email addresses into the “To:” field by right clicking your mouse then select “paste” or by using the key board hitting “Ctrl V”. Ask them to please support SB-81.
Microsoft Outlook Users, please use these links instead:
Below is an update from Steve Phillips:
My sons and I have helped introduce a new bill in the Alabama Senate, SB-81 (HB-54 in the House), that will make the current law easier to understand. The public currently has the right to find isolated underwater finds, but some professional archaeologists and their cronies at the Alabama Historical Commission have misled some law enforcement officers into believing that it is illegal to find and keep isolated finds such as an arrowhead, a coke bottle, or a coin. This is not true, but people have been harassed, detained, and their property confiscated on the Tennessee and Alabama Rivers, and in Mobile Bay.
Our bill does three things…..
Deletes (whether or not) from the definition of Cultural Resources.
Adds a definition for an artifact where no definition currently exists.
Adds the already existing state and federal law numbers to the bill, so that it protects Indian burial grounds and any other cemeteries that are underwater.
All historic shipwrecks are currently controlled by the AHC, and we are not trying to change that at all. SB-81 does not increase or decrease any current or future cultural resources that are to be permitted by the Alabama Historical Commission. We just don’t want our law enforcement officers to be used by professional archaeologists to stop divers from legal diving.
Please read SB-81 (HB-54 is identical but not yet available).
An article was in the Birmingham News this week that brought attention to the matter, and some of the professional archaeologists have been emailing and calling the Senators and Representatives asking them to kill our bill. These professional archaeologists and their cronies want exclusive rights to our 77,000 miles of waterways and to everything underwater. They could just as well claim all fish belong to the state, so no one could keep a fish.
Alabama has over 100,000 divers who work and pay taxes. We are permitted and certified. We have our boats permitted, and we support Alabama. Divers should find isolated items and save as much of our lost history as possible, and we need them to not be afraid to tell what they find because they fear harassment. Significant finds will be made in the future and we all want to learn from these finds. Other states have friendly dive laws that encourage divers to search and share what they have found, and we don’t want Alabama divers to feel they must keep their finds secret. These items are rusting and eroding away and need saving. We divers do not want to limit the efforts of the professionals, but we don’t want them to be our masters or regulators. We are the public and the public waters are ours individually as much as theirs. Individual Rights are what our constitution guarantees, not that the mob rules.
Items that are found are often placed in museums such as Tannehill State Park. All reference books identifying relics and artifacts have been written by authors using collectors such as our family, and over twelve reference books have been written using Steve’s collection alone. Professional Archaeologists have written none of these, or any other, Civil War reference books. Hunters, fishermen, arrowhead collectors, fossil hunters, relic hunters, gold prospectors, historians, museums, and amateur archaeologists, as well as divers, have a common interest in using our public lands and waters. Being amateur archaeologists or historians does not mean that we are lesser people, it just means that we are not paid. We don’t want grants or contracts as the professionals try to get for anything they do. Amateurs are good. The best golfer in history was an amateur. His name was Bobby Jones and he golfed for love of the game, not money. We, the public, use our waters for love, not money. SB-81 is supported by the Alabama Tourism Department and the Indian Tribes.
We need your individual support to help us pass this bill. A State Senator told me in email this week:
Steve, another barrage of emails have gone out around the state today to legislators about our bill. I have had four committee members contact me and ask that we not even bring our bill up for a vote in committee because of such strong opposition they are hearing. We really need to get some people contacting their legislators to support this or I am afraid it will be soundly defeated in a committee vote.
Please take a moment and contact ALL Senators and Representatives and ask them to Support SB-81 and HB-54.
HERE IS SB-81
Under existing law, the Alabama Cultural Resources Act prohibits the salvaging of cultural resources from the waters of this state except with a permit. The term "cultural resource" is broadly defined to include underwater items on lands under navigable waters whether or not associated with a shipwreck. A violation of this act is a criminal offense. This bill would amend the definition of cultural resources to specify cultural resources are those found with any shipwreck, would add a definition for artifacts, and would provide that it would be lawful to recover abandoned artifacts which are not cultural resources from submerged lands that are under navigable rivers in this state.
To amend Sections 41-9-291 and 41-9-292 of the Code of Alabama 1975, relating to the Alabama Underwater Cultural Resources Act; to amend the definition of cultural resources; to add a definition for artifacts; and to provide that it would be lawful to recover abandoned artifacts which are not cultural resources from submerged lands that are under navigable rivers in this state. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 41-9-291 and 41-9-292 of the Code of Alabama 1975, are amended to read as follows: "§41-9-291. "As used in this division, the following terms shall have the following meanings: "(1) ARTIFACTS. Any man-made object. "(1) (2) COMMISSION. The Alabama Historical Commission, acting as the custodian of cultural resources for the State of Alabama. "(2) (3) CONTRACTOR. Any individual, company, corporation, or private or public institution determined by the commission to be appropriately qualified, that has applied for and received a permit or contract from the commission to begin exploration or excavation activities in state-owned waters. "(3) (4) CULTURAL RESOURCES. All abandoned shipwrecks or remains of those ships and all underwater archaeological treasures, artifacts, treasure troves, or other
cultural articles and materials, whether or not associated with any shipwreck, that are contained in or on submerged lands belonging to the State of Alabama and the sea within the jurisdiction of the state, and that have remained unclaimed for more than 50 years, excluding therefrom sunken logs, cants, and timber resources of any other type not associated as part of a shipping vessel, and are eligible for, or listed in, the National Register of Historic Places or the Alabama Register of Landmarks and Heritage and any items covered in Section 13A-7-23.1. "(4) (5) EXCAVATION. The study and intentional removal from submerged land belonging to the state, by accepted scientific methods, of any objects recognized as cultural resources. "(5) (6) EXPLORATION. The systematic examination by actual survey of an area of submerged land belonging to the state for the purpose of locating and recognizing cultural resources. "(6) (7) SUBMERGED LANDS. Lands under navigable waterways owned or controlled by the State of Alabama. "(7) (8) TREASURE TROVE. Any gold bullion, gold ingots, gold dust, silver bars, and other precious metals or stones. "§41-9-292. "(a) All cultural resources as defined herein are declared to be state cultural resources subject to the exclusive dominion and control of the State of Alabama.
"(b) Cultural resources shall not be taken, damaged, destroyed, salvaged, excavated, or otherwise altered without a prior contract or permit obtained through the commission, which is designated as the official custodian of state cultural resources within the jurisdiction of the State of Alabama; provided, however, that issuance of any contract or permit shall also be subject to the prior written approval of the Commissioner of Conservation and Natural Resources. "(c) It shall be lawful to recover abandoned artifacts that are not cultural resources as defined in this division from submerged lands that are under navigable river in this state." Section 2. All laws or parts of laws which conflict with this act are repealed. Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
FOR GULF SHORES BEACHES AND ORANGE BEACH..no current prohibition on this.
This is all the information on rules, laws, that i could find, i know its a lot but worth knowing your rights, as a active metal detecting hobbyist. Good hunting
If you would like to donate to keep this information alive, you can send a PAYPAL payment of any amount to
darthsector@gmail.com
Thank you and enjoy!
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