Metal Detecting Laws in the United States: A Comprehensive Guide to Legal Restrictions and Prohibited Areas
Understanding where you can and cannot legally use a metal detector is crucial for any detectorist. This comprehensive guide covers all major federal, state, and local restrictions based on actual legal documentation and government regulations.
Federal Lands and Properties – Complete Prohibition
National Park System
Metal detecting is completely illegal on all National Park Service properties. This includes not only the use of metal detectors but also their possession within park boundaries.
Prohibited Areas Include:
- All National Parks
- National Monuments
- National Historic Sites
- National Seashores (Cape Hatteras National Seashore and similar areas)
- Civil War and Revolutionary War Battlefields managed by NPS
- Any area administered by the National Park Service
Legal Citation: 36 CFR 2.1(a)(7) – “Possessing or using a mineral or metal detector, magnetometer, side scan sonar, other metal detecting device, or subbottom profiler” is prohibited
Source: https://www.law.cornell.edu/cfr/text/36/2.1
The regulation provides three narrow exceptions: devices broken down and stored during transport, electronic equipment for navigation and aircraft/boat operation, and devices used for authorized scientific, mining, or administrative activities.
Enforcement: Violations can result in felony charges under the Archaeological Resources Protection Act (ARPA). Even possession of a metal detector can result in arrest and prosecution.
Military Installations
Metal detecting is absolutely prohibited on all federal military bases and installations, including active bases and closed or former military installations under federal control.
Example Policy: Fort Huachuca Policy 24-43 explicitly states: “The use of metal detectors is prohibited on Fort Huachuca. The exceptions to this policy include use by Army personnel for military purposes, or by a federal or state agency or a private research entity in association with official cultural resources management activities, or pursuant to a permit issued under the Archaeological Resource Protection Act (ARPA)”.
Legal Authority:
- Archaeological Resources Protection Act (16 USC 470cc)
- Army Regulation 200-1, Environmental Protection and Enhancement
- Army Regulation 405-80, Management of Title and Granting Use of Real Property
Source: https://home.army.mil/huachuca/1817/2920/0467/Policy_24-43_Metal_Detecting_Policy_27AUG24.pdf
Enforcement: Military installations contain hundreds of documented archaeological sites with metal artifacts of cultural significance. Violations are prosecuted under Article 92 of the Uniform Code of Military Justice for military personnel, and civilians may be barred from the installation under 18 USC 1382.
Archaeological and Cultural Protection Laws
Archaeological Resources Protection Act (ARPA)
ARPA provides the primary federal protection for archaeological resources on public lands and forms the basis for most metal detecting restrictions.
Key Provisions: “No person may excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage or otherwise alter or deface any archaeological resources located on public lands or Indian lands unless such activity is pursuant to a permit”.
Legal Citation: 16 USC 470cc, Archaeological Resources Protection Act
Source: https://tile.loc.gov/storage-services/service/ll/uscode/uscode1988-00601/uscode1988-006016001b/uscode1988-006016001b.pdf
Protected Resources: The Act covers pottery, basketry, bottles, weapons, tools, structures, rock paintings, graves, human skeletal materials, and any item over 100 years old found in an archaeological context.
Penalties: First offense violations can result in up to $20,000 fines and one year imprisonment. Subsequent violations carry penalties of up to $100,000 and five years imprisonment.
Native American Graves Protection and Repatriation Act (NAGPRA)
NAGPRA provides additional protections specifically for Native American cultural items.
Protected Items:
- Native American human remains
- Funerary objects (associated and unassociated)
- Sacred objects
- Objects of cultural patrimony
Legal Citation: 25 USC 3001-3013, Native American Graves Protection and Repatriation Act
Source: https://www.nps.gov/subjects/nagpra/the-law.htm
Trafficking Penalties: The 2022 amendment increased penalties for trafficking in Native American human remains to a minimum of one year and one day imprisonment (making it a felony), with subsequent convictions carrying up to ten years imprisonment.
National Historic Preservation Act
Section 106 of the National Historic Preservation Act requires federal agencies to consider effects on historic properties for any federally funded, licensed, or permitted projects.
Legal Citation: Section 106, National Historic Preservation Act of 1966
Source: https://www.achp.gov/protecting-historic-properties/section-106-process/introduction-section-106
Bureau of Land Management (BLM) Lands
BLM lands present a more complex regulatory environment where metal detecting is generally allowed but with significant restrictions on what can be collected.
Permitted Activities
- Searching for modern money and coins (less than 100 years old)
- Collecting lost personal items with no historical significance
- Prospecting for gold and silver under the General Mining Law of 1872
Prohibited Activities
- Collecting any coins or artifacts more than 100 years old
- Removing cultural materials including arrowheads, stone tools, pottery, old bottles, horseshoes, metal tools
- Metal detecting at any historic sites including cabins, mining areas, trail traces
Legal Authority: Federal Land Policy and Management Act, Archaeological Resources Protection Act
Source: https://www.blm.gov/sites/default/files/documents/files/collecting_on_publiclands.pdf
Prohibited Areas on BLM Land
- Wilderness areas and wilderness study areas
- Areas of Critical Environmental Concern (Red Rock Canyon, Sloan Canyon National Conservation Areas)
- Historic and prehistoric sites and districts
- National natural landmarks
Important Note: While BLM generally allows metal detecting for modern items, any historic area or item over 100 years old remains completely off-limits under federal archaeological protection laws.
National Historic Trails – Complete Prohibition
Oregon Trail Specifically
The Oregon Trail is absolutely prohibited for metal detecting under federal law as it is listed on the National Register of Historic Places and protected under ARPA.
Real-World Enforcement: In 2013, treasure hunters damaged pristine Oregon Trail ruts near Burley, Idaho, creating 400 holes over several miles. BLM officials stated: “If you sink a shovel in an archaeological site on public land, you could be convicted of a felony”. (Don’t be this guy…)
Legal Authority:
- Archaeological Resources Protection Act (16 USC 470cc)
- National Historic Preservation Act
- National Historic Trails Act
All Protected National Historic Trails Include:
- Oregon Trail
- California Trail
- Mormon Pioneer Trail
- Pony Express Trail
- And all other federally designated National Historic Trails
Other Federal Land Management Agencies
U.S. Forest Service (National Forests)
National Forests allow limited recreational metal detecting but with strict archaeological protections.
Prohibited Under 36 CFR 261.9:
- “Digging in, excavating, disturbing, injuring, destroying, or in any way damaging any prehistoric, historic, or archaeological resources, structure, site, artifact, or property”
- “Removing any prehistoric, historic, or archaeological resources, structure, site, artifact, property”
Source: https://www.fs.usda.gov/r08/gwj/safety-ethics/metal-detecting-policy
Four Recognized Forms of Metal Detector Use:
- Searching for treasure trove – requires special use permit
- Prospecting – permitted under General Mining Law of 1872 with Notice of Intent (36 CFR 228A)
- Searching for historic/prehistoric artifacts – requires special use permit (scientific research only)
- Recreational pursuits – allowed in developed areas for modern items only
Forest Service Manual 2364.23: “Metal detectors may be used on National Forest System land in areas that do not contain or would not be reasonably expected to contain archaeological or historical resources”.
Bureau of Reclamation
Metal detecting is completely prohibited on all Bureau of Reclamation lands.
Legal Citation: 43 CFR 423.29(f) – “You must not possess a metal detector or other geophysical discovery device, or use a metal detector or other geophysical discovery techniques to locate or recover subsurface objects or features on Reclamation lands”.
Source: https://www.govinfo.gov/content/pkg/CFR-2007-title43-vol1/pdf/CFR-2007-title43-vol1-sec423-31.pdf
Limited Exceptions:
- When transporting (but not using) a metal detector in a vehicle on a public road
- As allowed by permit issued pursuant to 43 CFR part 423, subpart D
U.S. Army Corps of Engineers
The Corps allows limited metal detecting in designated areas only.
Legal Citation: 36 CFR 327.14(d) – “The use of metal detectors is permitted on designated beaches or other previously disturbed areas unless prohibited by the District Commander for reasons of protection of archaeological, historical or paleontological resources”.
Source: https://www.law.cornell.edu/cfr/text/36/327.14
Requirements:
- Only allowed on designated beaches or previously disturbed areas
- Prohibited around occupied campsites
- Items over $25 in value must be turned in to authorities
- Specific information regarding designated use areas available at Manager’s Office
State and Local Restrictions
State Parks
Most state park systems either prohibit metal detecting entirely or require permits with specific area restrictions. State laws generally mirror federal archaeological protection statutes.
Common Restrictions:
- Archaeological and historic sites – completely off-limits
- Wildlife preserves – prohibited to protect ecosystems
- Recreation areas – restrictions around playgrounds, picnic areas, campgrounds
- Permit requirements in states that allow limited detecting
Consequences of Violations:
- Fines and legal penalties
- Equipment confiscation
- Permanent bans from state park property
Cemeteries
While not universally illegal by specific statute, metal detecting in cemeteries is:
- Prohibited by trespass laws on private cemetery property
- Considered highly disrespectful and strongly discouraged by the detecting community
- May violate local ordinances regarding disturbing graves or cemetery property
Legal Authority: State trespass laws, local cemetery ordinances (varies by jurisdiction)
Private Property Requirements
Metal detecting on any private property without written permission constitutes criminal trespassing under state law.
Required for All Private Property:
- Residential property – requires owner permission
- Commercial property – requires owner permission
- Abandoned property – still owned by someone, permission required
Legal Authority: State trespass laws (varies by state)
Key Federal Statutes Governing Metal Detecting Restrictions
Primary Laws
- Archaeological Resources Protection Act (ARPA) – 16 USC 470cc
- American Antiquities Act of 1906 – 54 USC 320301-320303
- National Historic Preservation Act of 1966 – 54 USC 300101 et seq.
- Native American Graves Protection and Repatriation Act of 1990 – 25 USC 3001-3013
- Federal Land Policy and Management Act – 43 USC 1701-1787
Key Regulations
- 36 CFR 2.1 – National Park Service resource protection
- 36 CFR 261.9 – Forest Service archaeological protection
- 43 CFR 423.29 – Bureau of Reclamation prohibition
- 36 CFR 327.14 – Army Corps of Engineers regulations
Understanding Archaeological Context
A critical concept in metal detecting law is “archaeological context.” Even items that might otherwise be collectible become protected archaeological resources when found in association with historic sites or other cultural materials.
ARPA specifically notes: “In some cases, coins may be part of an historical-period archaeological site, in which case they would be considered archaeological resources and are protected under law”.
This means that a coin from the 1800s found in a modern park might be collectible, but the same coin found near an old cabin site, mining area, or historic trail becomes a protected archaeological artifact.
Enforcement and Penalties
Federal Enforcement
- National Park Service – Park rangers have full law enforcement authority
- Bureau of Land Management – BLM law enforcement officers
- Forest Service – Forest Service law enforcement
- FBI – Handles major ARPA violations and trafficking cases
Penalty Structure Under ARPA
- First offense: Up to $20,000 fine and 1 year imprisonment
- Subsequent offenses: Up to $100,000 fine and 5 years imprisonment
- Equipment forfeiture – Metal detectors and vehicles used in violations subject to seizure
State and Local Enforcement
- State police and local law enforcement for state park violations
- Trespass violations on private property
- Local ordinance violations in municipal areas
Best Practices For Legal Metal Detecting
Research Before Detecting
- Contact local officials – When in doubt, call the managing agency
- Check multiple sources – Laws and regulations change frequently
- Get written permission – For any questionable areas
- Understand archaeological sensitivity – Areas near historic sites, old settlements, or Native American territories require extra caution
Documentation
- Keep permits and permissions readily available while detecting
- Photograph permission letters on your phone for easy access
- Know the contact information for local enforcement agencies
Respect Archaeological Resources
- Leave artifacts in place if there’s any question about their age or context
- Report significant finds to appropriate authorities
- Support archaeological research rather than competing with it
The Bottom Line
The fundamental principle governing metal detecting on public lands is straightforward: when in doubt, don’t detect without explicit written permission. Federal laws protecting archaeological and cultural resources are strictly enforced, and violations carry serious legal consequences including felony charges, substantial fines, and imprisonment.
The “100-year rule” appears throughout federal regulations – items over 100 years old are generally considered archaeological resources and are protected by law when found on public lands or in archaeological contexts. Modern items (coins, jewelry, lost personal effects) may be collectible in designated areas, but historical artifacts are universally protected.
Always remember that possession of a metal detector alone can be illegal in certain areas (National Parks, some military installations), regardless of whether you’re actively using it. Transportation through these areas requires keeping the device disassembled and packed to prevent use.
The key to legal and ethical metal detecting is thorough research, proper permissions, and respect for our nation’s cultural heritage. When you’re uncertain about the legality of detecting in any area, the safest course is to contact the managing agency directly for current regulations and any required permits.
When in doubt of where you might be, one of the best options out there is the OnX Hunt Map App.
OnX Hunt Map App
The OnX Hunt app has become an indispensable tool for metal detecting adventurers, extending far beyond its original hunting focus to serve as a comprehensive navigation solution for remote exploration. With its detailed property boundary information, users can confidently navigate the complex patchwork of public and private lands that often surrounds abandoned settlements. The app’s offline map capabilities—allowing you to download detailed topographic and satellite imagery for use without cell service—are particularly valuable when venturing into the remote areas where most preserved ghost towns are located.
What truly sets OnX Hunt apart for metal detecting enthusiasts is its customizable waypoint system and tracking features, enabling you to mark discovered structures, document interesting artifacts, and easily find your way back to your vehicle after exploring sprawling abandoned sites. The 3D mapping functionality provides crucial perspective when planning approaches to remote sites in mountainous regions, while the recent addition of Apple CarPlay and Android Auto integration ensures seamless navigation to your destination. With a 4.7-star rating from thousands of users and testimonials praising its accuracy and reliability in remote areas, OnX Hunt has become the go-to mapping solution for serious metal detecting adventurers who need to know exactly where they stand—both legally and geographically.
