Discussions

💬 Home 🔎 Search 📅 Latest

╳Discussions

💬 Home 🔎 Search 📅 Latest

Groups

Recent Images in Discussions

GeneralMaine and New Hampshire rules....

26th Mar 2017 22:59 UTCLloyd Alexander

Does anyone know the specifics for Maine and New Hampshire pertaining to......

1- rocks on side of road?

2- rock formations on side of roads?

3- road cuts ?

4- power line cuts?

5-middle of the woods?

and anything else I might be missing.....

thanks in advance...

27th Mar 2017 04:09 UTCEd Clopton 🌟 Expert

As a Maine resident and collector, the only specific prohibition I'm aware of regarding roadside collecting is that it is not permitted along the Maine Turnpike. Elsewhere, I believe it is o.k. as long as you aren't blocking traffic, digging conspicuous holes, or creating hazards for yourself or anyone else. In the middle of the woods it's up to the property owner. There is very little public land in Maine that isn't protected as a park or preserve of some kind; nearly everything else is privately owned, either by individuals or by big paper, timber, or energy companies. I don't know about power line rights of way, but they are most likely private property. Maine law and tradition are relatively liberal about recreational access (e.g., hiking, snowmobiling, cross-country skiing) to private property that isn't explicitly posted against trespassing, but removing material such as minerals from private property may be a different matter.

Disclaimer: Of course this response does not constitute, nor is it a substitute for, qualified legal advice. What do more experienced Maine collectors think?

27th Mar 2017 13:53 UTCLloyd Alexander

Thank you Ed. I have searched online and can't find an answer there which would seem like trying to do "due diligence". I hope others chime in and I agree with everything you wrote as a fellow Mainer. I appreciate your time.

27th Mar 2017 16:33 UTCTony Albini

Lloyd, you may want to contact the Maine Dept. of Environmental Protection to get the current information on state property.

Also, as Ed said each type of setting may have different rules. You may have to contact logging companies, etc. directly on their rules. When I collected in Maine it was on private property with the owner's permission. I was able to collect a couple of quarries several years ago with the owner's permission. Thereafter, I mailed him a fluorescent mineral specimen as a gift as he was building a small collection. He had no problem with me collecting there. I typically would call him ahead to be sure it was still OK to collect there as I was driving up form Connecticut.. I went to his house in person so he knew who I was. You could only collect there when he was not blasting a new area and could not drive your vehicle on the mine road, you had to walk in. I never collected road cuts, etc. Always nice to converse with people from Maine. I have been treated well there and enjoy lobster!

11th Aug 2017 13:02 UTCDaniel Rudy

I may be a little late to the conversation, but as Ed said, unless specifically posted no trespassing, even most private property is open for collecting of all sorts. This year around the time this thread was started a state Senator named Tom Saviello tried to introduce legislation that would bar folks from going on private property to collect Mushrooms, or forage anything and was shot down very quickly. We have a long tradition of field collecting on private property here. I've included a good link at the bottom that outlines the current situation. While it does speak mostly to collecting edibles on private property, it would be hard to imagine anyone coming into trouble for mineral collecting. That said, if it's possible to locate the land owner and ask permission, try to do it. If not, just be respectful- fill in your holes, don't leave trash, etc. and again, it's doubtful you'll have any problem. Sorry but I can't speak to NH rules. I do know that there are still some Wonderful spots in the National Forest that are open to collecting, but you can't sell your finds, and there are a few other general rules that are posted on the entrance to each dig site. Hope this was of a little help.

-Dan

http://reason.com/archives/2017/04/08/maine-lawmaker-targets-foragers

11th Aug 2017 13:44 UTCBob Harman

I don't know the specifics for entering private property in the NE states, but here in Indiana there are some laws that I do know of.

Having at least 1 "no trespassing" sign is good enough even tho you might have 100+ acres. The sign does not have to be visible from all over. Having no signs is not a signal that the land is open to any and all uninvited guests. Private property is still just that.....private property.

While most land owners will be lenient about unintended trespassers, and simple hikers, those purposefully coming onto the lands and remaining to hunt, fish, pick flowers or collect rocks, will often be subject to more serious scrutiny.

The theory is: If you live in a house with about 1/2 acre of surrounding land and an intruder goes into your back yard to pick your flowers or steal your yard rocks, that simply is "stealing private property". It is considered the same if you went to collect rocks on someone's 100 or 500 acre property. In Indiana this is still considered "stealing private property". The size of the piece of land makes no difference,1/2 acre adjacent to your house is the same as your private 100+ acres near your house.

Without permission to enter, the collectors are subject to arrest and prosecution. CHEERS.....BOB

12th Aug 2017 02:30 UTCWayne Corwin

Daniel

Are you saying I can collect in your yard if it's not posted?

12th Aug 2017 03:38 UTCAlfredo Petrov Manager

In much of the world, outside the United States, "private property" gives the landowner certain rights, like for example exclusive economic use, or building rights, but does not give the right to exclude anyone else from walking across the land, let alone arrest or shoot anyone walking over the land. Exceptions, as for example when there are animals that must remain undisturbed, should be clearly fenced and posted. Nevertheless, the public is expected to use common sense, and no, Wayne, they don't come marching through your back yard just because it isn't posted! Like I said, common sense... Rules aren't required if people are polite and use common sense.

In southern Germany, or Scotland, you can walk through farmers' fields, as long as no crops are growing at that season (in which case one would walk around the edge) and, if you see an agate, you can pick it up. The farmer will often be happy that you are improving his soil by removing stones. One occasionally meets cantankerous antisocial landlords who are exceptions to the rule, but in my experience they aren't common.

All Daniel was saying, if I understood him correctly, is that Maine is close to the European model in these attitudes; he wasn't recommending that anyone go traipsing through peoples' flower gardens. ;)) ...I admire Maine for this. I wouldn't want to live in Texas, where private property rights are almost absolute, there is very little public land, and visitors have to pretty much stay on the asphalt.

Edit: Just to avoid misunderstandings: I'm certainly not advocating that anyone has the right to go hammering in Wayne's quarries - That would negate the exclusive economic use philosophy of private land ownership. This topic was started by someone asking about collecting from roadcuts and forests, not mines and quarries, and my own comments apply only to unfenced, unposted forests (which are mostly privately owned in Maine) and fields, not mines, quarries, backyards, flowerbeds, vegetable gardens or front porches ;))

Mindat.org is an outreach project of the Hudson Institute of Mineralogy, a 501(c)(3) not-for-profit organization.
Copyright © mindat.org and the Hudson Institute of Mineralogy 1993-2024, except where stated. Most political location boundaries are © OpenStreetMap contributors. Mindat.org relies on the contributions of thousands of members and supporters. Founded in 2000 by Jolyon Ralph.
Privacy Policy - Terms & Conditions - Contact Us / DMCA issues - Report a bug/vulnerability Current server date and time: May 8, 2024 22:22:36

Go to top of page