Wisconsin Metal Detection Laws
- Before using a metal detector in Wisconsin, individuals should be aware of the laws restricting this activity.detector de metales image by Marco Antonio Fdez. from Fotolia.com
While metal detecting is typically a harmless activity, several laws are in place to prevent people from disturbing sensitive areas that have both natural and archaeological significance. As a result, Wisconsin has several laws that limit how metal detectors can be used within the state. In general, anyone interested in metal detecting should first check with the local authorities or private individuals who own the land. - The Department of Natural Resources (DNR) in Wisconsin is responsible for protecting public lands in Wisconsin. On public land regulated by the DNR, metal detection is only legal when an individual is searching for a specific lost item. A special permit is required, and those who receive this permit must first describe in detail the object which they have lost. The permits limit metal detection to a specific area and time frame. Permits are not typically issued for archaeological sites or for any known burial grounds. Individuals who obtain a permit must bring everything they find to a DNR property office for inspection.
- The Wisconsin Archaeological Preservation Act (ARPA) does not specifically mention or prohibit metal detectors, but the restrictions that the law sets forth do impact metal detecting. Under ARPA, it is illegal for anyone to damage natural features and archaeological sites on state owned land. Digging up any items found by a metal detector can thus be considered as a violation of ARPA. Similarly, if using a metal detector causes damage to plants, soil, rocks or other geographic features, that damage can also be considered a violation of ARPA. Breaking ARPA can result in fines up to $10,000 or nine months in jail depending on the abuse.
- In addition to Wisconsin's laws, people who wish to use a metal detector within the state should also be aware of the National Historic Preservation Act (NHPA). This law prohibits anyone from removing from public land any artifact that is more than 100 years old. Metal detecting on private property requires the express permission of the landowner. Although people who metal detect on private land are not legally obliged to do so, it's also advisable to agree with the landowner on how to divide up any objects found on the land; removing found items from another person's private property without his/her permission can be considered stealing.
Department of Natural Resources Laws
Wisconsin Archaeological Preservation Act
National Historic Preservation Act
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