Dear Ms Ware:
Thanks for you inquiry concerning the legal use of metal detectors
on
public properties. The Department regulates lands in state parks
and
wildlife areas. If you plan to use a metal detector on other public
lands
you will need to check with the appropriate agency (primarily this
would be
Corps of Engineers properties and Bureau of Reclamation properties
around
federal reservoirs).
There are no department regulations directly prohibiting the use
of metal
detectors on the lands we administer. There is a regulation prohibiting:
digging of holes or pits; destruction of geologic formations, historical
sites, archeological relics or ruins; and the destruction of vegetation.
This regulation would prevent someone from digging up areas, tearing
up
vegetation or defacing property to locate metal objects.
A conservative approach to retrieving metal finds would be in order.
It
would be impractical for me to determine if a 3" hole or 6"
hole would be
legal or illegal...simply: a small hole dug to retrieve a metal
object
where the vegetation wasn't destroyed and the hole was filled back
in
(wouldn't be a "hole" if it was filled in, right?) would
not violate the
law. To try and make a gray area clearer: Kansas has the least amount
of
public land in the country, and our department is responsible for
a portion
of that- the intent of our regulation is to prevent destruction
of that
resource. That doesn't prohibit use of metal detectors, but requires
responsible use.
It appears that you are well versed in regulations concerning this
activity. If you have further concerns, please feel free to contact
me or
the public lands manager at the particular area you are wanting
to use a
metal detector.
Thanks.
Kansas Department of Wildlife and Parks
Steve A. Stackhouse, Director, Law Enforcement Division
512 SE 25th Ave.
Pratt, KS 67124