Arkansas newbie. Whats legal?
Hello to all. I've always been one to pick up stuff and take it home. Fossils, arrowheads, crystals, bottles, whatever, wherever. I want to get more serious and don't want to do anything illegal. I always get permission to look on private property. What is really legal in Arkansas? Public, private, surface, digging, state, federal?
01-27-2010 07:00 PM
Tribal Council Member
Welcome from the SW corner of the state.Your safest bet is to stick to private land you own or have the owners consent to look on.The #1 thing to remember is to steer clear of any burials or any objects associated with them.The penalties are pretty stiff.You could also get in trouble for removing artifacts from many of the lakes and state parks.Creeks are usually a fairly safe bet.I've been told that if you can get a canoe or kayak down it, you have up to the high water mark on the bank to hunt.Don't hold me to that.I could have received wrong info on that.
Arrowhead shaped leaves are the enemy!
Make sure she is at least 18.
I assume you mean the national forest and corps of engineer lands too? Where would I need to go to get get exact details? The library?
Originally Posted by John G. Scoggins
Originally Posted by JimFogleman
the juicy stuff starts about page 97 of the pdf. here are some excerpts.
13-6-301. Reservation of rights — Legislative intent.
(a) (1) The State of Arkansas reserves to itself the exclusive right and privilege of field
archeology on sites owned or controlled by the state, its agencies, departments, and institutions,
in order to protect and preserve archeological and scientific information, matter, and objects.
(2) All information and objects deriving from state lands shall be utilized solely for
scientific or public educational purposes and shall remain the property of the state.
(b) (1) It is a declaration and statement of legislative intent that field archeology on
privately owned lands should be discouraged except in accordance with both the provisions and
spirit of this subchapter.
(2) Persons having knowledge of the location of archeological sites are
encouraged to communicate the information to the Arkansas Archeological Survey.
Federal land is always a no-no, as are graves and burial sites
also about the high water mark
http://ag.arkansas.gov/opinions/docs/95-226.doc has a bunch of stuff on who owns what in relation to the high water mark
where lake is not navigable, owner of land surrounding the lake owns land underlying lake, but where lake is navigable, owner of surrounding land owns only to high-water mark and land underlying lake belongs to the state
Another relevant provision is A.C.A. § 22-6-202(b), which was added in 1991. It states that “[t]he Commissioner of State Lands shall have full power and authority to lease or grant submerged lands and the Commissioner shall promulgate rules and regulations as may be necessary to effectively carry out the provisions of this section, and upon adoption, such rules and regulations shall have the full force and effect of law.” “Submerged lands” are defined at § 22-6-201(d), which states that “[i]t is ... the intent of this subchapter to establish the policy that all submerged lands following the navigable waterways of this state shall remain in the state domain. ‘Submerged lands’ shall be those lands found at and below the line of ordinary high-water and shall include but not be limited to the beds, channels, chutes, and adjoining areas of rivers, lakes, and streams.”
Thats exactly what I was looking for. Thanks for your research! Atleast I know I'll be safe on private land now. I guess its time to make some new land owning friends.