Wisconsin Metal Detection Laws

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    Department of Natural Resources Laws

    • 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.

    Wisconsin Archaeological Preservation Act

    • 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.

    National Historic Preservation Act

    • 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.

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