Getting a Permit
The Office of the State Archaeologist is authorized under Official Code of GA (OCGA) Section 12-3-52(c) to grant permits to recognized scientific institutions or qualified individuals (professional archaeologists) to conduct archaeology on state properties. Requirements for this work can be found on our website at this link under Research on DNR-Managed Lands: http://www.gashpo.org/content/displaycontent.asp?txtDocument=346
Permits are only granted to professional archaeologists or graduate students in a recognized, university archaeology program. Otherwise, collecting or digging for artifacts is prohibited on state-owned lands.
When Is it Legal for Hobbyists to Collect Artifacts or Dig for Artifacts?
Surface collecting:
1. It is legal to collect artifacts from the surface of dry land on
privately owned property if the land is not posted, gated, or
fenced against entry. We recommend obtaining written permission
from the landowner to protect the property owner's rights and to
protect the visitor from trespassing. (OCGA 12-3-621)
2. It is not legal to surface collect, dig, or metal detect on
state property. This includes Civil War sites. (OCGA 12-3-10(n), [12-3-52)
Digging/Metal Detecting:
1. With the exception of burials and associated objects,
archaeological sites belong to the landowner. Landowners can dig
archaeological sites - with the exception of burials - that are on
their property. DNR recommends that you preserve any archaeological
sites that you may own for future generations.
2. On privately-owned land, it is legal to dig for artifacts
(including when artifacts have been found by metal detecting) if
you have written permission of the landowner. All lands in Georgia
are either owned privately or by the local, state, or federal
government. This includes Civil War sites.
Hobbyists and professional archaeologists alike must determine who
owns the land and ask their permission first, before undertaking
any activity.
Further, OCGA 12-3-621 requires any person desiring to dig
for artifacts to notify the state archeologist before beginning any
such investigation or disturbance, which can be done through this HPD Web page. Click here for email and or
call the telephone hot line number, available at all times:
1-866-755-0014.
3. It is not legal to surface collect, dig, or metal detect on
state property. This includes Civil War sites. (OCGA 12-3-10(n), 12-3-52)
4. It is not legal to disturb or dig human burials or collect human
skeletal remains or objects associated with burials, regardless of
who owns the land. Three Georgia laws prohibit disturbing graves:
OCGA 31-21-44, 31-21-6
and 36-72-1 through 16. If human remains are
inadvertently discovered, STOP all land disturbing activity
immediately, protect the burial from harm, and notify the local law
enforcement authority. As required under OCGA 31-21-6,
law enforcement officials will then notify the coroner, the local
government, and the Georgia Department of Natural Resources, who
will recommend a permanent protection
plan.
In the Water or On the 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.
For a detailed description of the laws as they apply to Georgia's
waters, follow this link
http://www.gashpo.org/content/displaycontent.asp?txtDocument=153
.