# Law



## Paymaster (Jul 23, 2015)

I have seen various comments when someone mentions collecting a point from a stream. What is the law regarding collection of artifacts from a stream?


----------



## Forest Grump (Jul 23, 2015)

In water or on a shoreline or beach:
1. It is legal to collect artifacts with the permission of the landowner in privately-owned waterways.
2. It is not legal to take artifacts off the bottom of state-owned waters. (OCGA 12-3-80)
3. If the body of water you're interested in is owned or managed by a local or federal government agency, contact that agency for their policy on artifact collecting.
4. To collect artifacts or metal detect on beaches along the coast of Georgia, it is also necessary to first determine ownership of that land and ask permission. Beaches may be private or owned by a governmental agency. To determine who the landowner is, you might start by contacting the DNR Law Enforcement Region VII Office in Brunswick, telephone: 912-264-7237, address: Suite 201, One Conservation Way, Brunswick, GA 31520. 

from: http://georgiashpo.org/archaeology/artifact

Another link, not specific to water:
http://www.georgiaindiancouncil.org/Documents/laws.html

.


----------



## Bow Only (Jul 23, 2015)

Technically, you must have written permission from the landowner and refer back to Forest Grump's post.


----------



## Paymaster (Jul 23, 2015)

Ok. I have seen a few posts where someone mention finding a point in a creek and someone would suggest that they found it on dry ground away from the water. Just wondering what was up with that.


----------



## Forest Grump (Jul 23, 2015)

Paymaster said:


> Ok. I have seen a few posts where someone mention finding a point in a creek and someone would suggest that they found it on dry ground away from the water. Just wondering what was up with that.



When I have seen that, it was after someone reported they, (their friend, dad, etc...) found it IN the (Flint, Ocmulgee, etc...) River or while boating in one of the big lakes, etc... where they couldn't have collected it legally without a permit from the State Archaeologist. I think that is why it sometimes is "suggested" that they may have mistyped the precise location of the finding, to keep them off somebody's list. Archaeologically, they would no longer be "in context", thus have little to no value for research, but that is still the law.


I think I have seen on here that FL laws were recently tightened up quite a bit on that issue though, & may differ markedly from the ones here.


----------



## blood on the ground (Jul 23, 2015)

What we need is more regulation...


----------



## Hammer Spank (Jul 23, 2015)

Here's a story that may answer your question:

We used to go up to Tallulah Gorge SP regularly and would snorkel in the swimming hole.  It was really deep and beautiful snorkeling.  We would also find stuff that fell out of people's pockets.  One day I found TWO wedding rings that had been lost.  I was in college at the time at UGA.  I decided to call the State Park and do the right thing instead of selling the wedding rings.  I thought surely I could at least get a reward of some sort to finance my hunting and drinking habits.  

Within minutes a DNR law enforcement officer called me back and threatened to charge me for "treasure hunting" on a state park.  He then used state funds to drive from Tallulah Falls to my apartment in Athens to pick the rings up.  Apparently the owners had been calling them for a while.  I never got a thank you from anyone and I learned just what type of dirt bags typically go into law enforcement careers.  

Learned my lesson.  Finders keepers and shut up about it.


----------



## Paymaster (Jul 23, 2015)

Hammer Spank said:


> Here's a story that may answer your question:
> 
> We used to go up to Tallulah Gorge SP regularly and would snorkel in the swimming hole.  It was really deep and beautiful snorkeling.  We would also find stuff that fell out of people's pockets.  One day I found TWO wedding rings that had been lost.  I was in college at the time at UGA.  I decided to call the State Park and do the right thing instead of selling the wedding rings.  I thought surely I could at least get a reward of some sort to finance my hunting and drinking habits.
> 
> ...



 I understand!


----------



## runswithbeer (Jul 30, 2015)

if memory serves me....the actual law in regards to collecting artifacts in state waterways pretains to how long the item in question has been submerged.  The law says that man made items having been underwater for more than 50 years can not  be removed with out permitting from the state arch.  The issue is...proving the age of it being under water.  Sure tanic staining would indicate that the item has been under water for some considerable time, but who has the money to argue in court that the item just eroided into the water a week ago? the best bet is to stay out of state water ways (legally defined navigable) and pursue your underwater surface collecting with written landowner permission in your BC


----------



## Clifton Hicks (Sep 19, 2015)

It's plain and simple: anywhere on public land (whether in a creek, lake, cave, laying on the ground--whatever) it's illegal to take. 

Anywhere on private property it's illegal unless you own the land or have the owner's permission. 

And if you are unfortunate enough to uncover a dead Indian, it's illegal even if you own the land.  Stay away from them Indian bones.


----------



## runswithbeer (Sep 24, 2015)

Clifton Hicks said:


> It's plain and simple: anywhere on public land (whether in a creek, lake, cave, laying on the ground--whatever) it's illegal to take.
> 
> Anywhere on private property it's illegal unless you own the land or have the owner's permission.
> 
> And if you are unfortunate enough to uncover a dead Indian, it's illegal even if you own the land.  Stay away from them Indian bones.




good basics....


----------



## Kawaliga (Nov 10, 2015)

So if I find a celt, pipe or bannerstone in a plowed field that I have permission to hunt that constitutes burial items and I could go to jail.


----------



## Clifton Hicks (Nov 11, 2015)

Kawaliga said:


> So if I find a celt, pipe or bannerstone in a plowed field that I have permission to hunt that constitutes burial items and I could go to jail.



No, you're fine. As long as there are no human bones present they are not considered burial or "mortuary" items. Plowed fields today are often on the same bottom lands where Indians grew their corn and built their towns--so not too many Indian graves will be found in a field.

Sometimes they did bury folks in a town, or even right in the house where they died, but very few of these burials have not been destroyed by our plows over the years. 

Most relic hunters will spend a lifetime walking plowed fields and will never see a human bone. You have nothing to worry about.


----------



## diamondback (Nov 11, 2015)

When I was young I hunted points with a friend in a small area that was cleared when a pond was made . My friend found what looked to be a human tooth. It was a odd site because we only found bases,about 10 or more all broken below the barbs and a few pottery shard. Never a whole point or the tops to the bases. Don't know if that meant something or coincidence.


----------



## Clifton Hicks (Nov 13, 2015)

It's worth mentioning that even a human tooth is not legally considered evidence of a burial because teeth are commonly pulled/knocked out in the course of normal human activities. Still, when archaeologists find a human tooth, they start moving _carefully._


----------

