Treasure Hunting Laws by State

The primary federal statute governing artifact recovery is the Archaeological Resources Protection Act (ARPA, 1979). It prohibits excavating, removing, or damaging archaeological resources over 100 years old on federal or tribal land without a permit; violations carry fines up to $100,000 and up to two years imprisonment for a first offense.

Federal land types differ. National Forests (USFS) generally allow recreational metal detecting, subject to ARPA and to designated wilderness restrictions. BLM land generally allows recreational use — check the local field office. National Parks (NPS) prohibit all metal detecting without a research permit, and designated Wilderness Areas prohibit mechanized equipment of any kind.

Army Corps of Engineers recreation areas vary by district; some allow detecting. State Parks vary dramatically by state — many restrict or prohibit detecting outright, so always call ahead.

State highlights: Arizona — state trust land requires a permit, National Forest detecting is permitted, state parks prohibit it. California — state parks prohibit detecting, BLM land is generally allowed, beach detecting is widely practiced. Florida — submerged lands require a state permit, beach detecting is popular, state parks prohibit. Georgia — state parks prohibit, private land with permission is fine, river hunting is regulated.

Montana is liberal on BLM and USFS land but state parks require written permission, and the Antiquities Act applies. Texas requires no state permit for private land, public beaches are allowed, and state parks prohibit. Virginia's state parks prohibit detecting, National Forest detecting is allowed, and ARPA applies to Civil War battlefields.

On private land, treasure found generally belongs to the landowner in most US states unless a prior written agreement grants the finder rights. A few states follow a finder's-law rule when the original owner cannot be identified. Get written permission and a written agreement before detecting on someone else's property.

Underwater and shipwreck recovery is a specialized legal area. The Abandoned Shipwreck Act (1987) grants states ownership of most shipwrecks in state waters; international waters are governed by the Law of the Sea; salvage claims require federal court adjudication. Consult a maritime attorney.

Best practices: get written permission on private land, contact the managing agency for public land, never dig on known archaeological sites, battlefields, or cemeteries, fill every hole, report significant historical finds, document with photos and GPS, and carry printed copies of relevant regulations. This overview is not legal advice — consult an attorney for your specific situation.