prep1957, it's interesting having someone like yourself, coming from a utility co's perspective, in regard to the "
call before you dig" laws. So thank you very much for chiming in. I had only rarely heard of this law/rule being morphed to apply to md'ing, because it's usually just assumed that the admonitions from the utility co's are directed at const. co's getting ready to do trenching with heavy equipment. But you are making it quite clear, that the law/rules apply to ANY digging. Very interesting
You go on to cite a portion of the "metal detecting code of ethics:
"Every treasure magazine I have ever read will tell you CHECK YOUR STATE LAWS"
Well, let's put it this way, if you want to start down that road, you really should give up detecting. I mean, let's look at some of the others we can all run afoul of, if we really want to try to be technical.
1) "no collecting" verbage. Yup it's there. This is to keep someone from backing up their pickup truck to the park, and harvesting the flowers, removing tan-bark, sand, or any other resources. Makes sense, so no one can just start mining parks and beaches for their own personal profit, and depriving the next park or beach goers of pretty rocks, flowers, etc.... right? But wait! if you think of it, and want to follow all laws, there's utterly no reason why this "collecting" verbage doesn't apply to us md'rs! Afterall, why do we think we can "collect" coins and such?
2) Lost and found verbage. Yup, it's there. Every state has lost & found verbage, that you must turn in any item ..... over a certain dollar amount, to the police, to wait and see if someone comes forward to claim it. Well last time I looked at ANY of the beach md'ing forums, there was/is no shortage of hobbyists posting pix of their trophies. I don't think they're all taking them to the police dept, do you?
3) Antiquites laws & cultural heritage verbage. (50 and/or 100 yr. bologna) And while this is generally considered to state and federal land level stuff, I bet cities wouldn't be any different if you kept asking high enough up the chain of command, in any city hall, anywhere. For example: I challenge anyone here, who thinks they have a green light in their city, to hunt your city parks or schools, to waltz in to city hall, wherever you live, and hold up a choice seated quarter, with collectible value. Ask the clerk: "
hi, I found this in your park, is it ok if I keep it? Or do you think it belongs in the city museum, since it came from city property?" And see what the clerk says.
4) "damage" "destruction" and "vandalism" clauses. Even if you could get past the "call before you dig" stuff, the unfortunate knee-jerk reaction, of any deskbound bureaucrat, when they hear the word "dig", is that you're going to be a dodo and leave holes. You can try to tell them that you'll leave no trace. But usually the mental damage is done, the minute you start talking about digging, no matter HOW careful, and no matter HOW shallow you are going to be.
5) IRS and tax law. How many here list their detecting income (no matter how modest or small)? Oh sure, you can say "well, if I did list it, I could merely list expenses (cost of detector, batteries, travel, etc....) that would merely off-set it to zero. Well that's fine. Perhaps you have a net zero gain. But "technically" speaking here (afterall, that's the point of the TH'rs code of ethics about following all laws, right?) you need to list income, and ...... if you want ... off-setting expenses. I don't think any hobbyist do this.
And I can go on and on with other laws. The point I'm trying to make is, I don't think any of us could really apply all these things, call utilities each time we get a signal to dig, etc..... You should probably just get another hobby.
And mind you: probably no one really cares! Do you think the IRS really cares? Do you think anyone in city hall really cared that you dug a hole in the sand box and "collected"? Do you think the utility co. really cares if you're about to dig that hole in the sandbox? Do you think a museum or state archaeologist really wants that 1949 wheat penny? Do you think anyone's really going to come in to the police dept. and "claim" a plain men's band that's probably been lost for 10 yrs?