ARC 9232C - Iowa Administrative Rules

Adopted and Filed

Metal detector use in state areas, ch 64

Untitled document

ARC 9232C

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed

Rulemaking related to metal detectors

The Natural Resource Commission (Commission) hereby rescinds Chapter 64, “Metal Detectors Use in State Areas,” and adopts a new Chapter 64, “Metal Detector Use in State Areas,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code section 461A.35.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 461A.35.

Purpose and Summary

Chapter 64 regulates the use of metal detectors in state areas. This chapter allows members of the public to engage in metal detecting in areas that will be least disruptive to the natural environment and to other members of the public. This chapter has been reviewed and edited consistent with Executive Order 10.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 8, 2025, as ARC 8586C. A public hearing was held on the following date(s):

●January 29, 2025

●February 6, 2025

No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Commission on April 8, 2025.

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

This rulemaking is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rulemaking will become effective on June 18, 2025.

The following rulemaking action is adopted:

ITEM 1.Rescind 571—Chapter 64 and adopt the following new chapter in lieu thereof:

CHAPTER 64

METAL DETECTOR USE IN STATE AREAS

571—64.1(461A) Definitions.

“Beach” or “beach area” means that portion of state parks or recreation areas designated for swimming activity including the sand, a 200-foot buffer of land surrounding the sand or a designated area that is fenced in, and the water area contiguous to the beach as marked by swim buoys or swim lines.

“Metal detector” means a portable electronic device carried by an individual used only for detecting metal above or below the surface of the ground.

571—64.2(461A) Use areas. Metal detector use in state parks and recreation areas is prohibited except in the following areas:

64.2(1) Designated beach areas. From May 22 to September 7 each year, metal detectors may be used on designated beach areas from 4 a.m. to 11 a.m. each day. From September 8 to May 21 each year, metal detectors may be used on designated beach areas during the hours established in 571—subrule 61.10(10).

64.2(2) Drained lakes. When an artificial lake has been drained or the water level lowered for any reason, metal detector use may be allowed during the hours established in 571—subrule 61.10(10) only after the lake bed has been thoroughly surveyed for archaeological resources and a survey report has been completed and approved by the state historic preservation office.

571—64.3(461A) Archaeological/scientific studies. When the use of a metal detector may support an archaeological or scientific study, a sovereign lands construction permit may be issued. Review of all sovereign lands construction permit applications shall be coordinated with the state historic preservation office.

571—64.4(461A) Found items. All items found are subject to the provisions of Iowa Code chapter 556F.

571—64.5(461A) Lost item search by owner. An owner of lost property may use a metal detector to search for that item in an area where such use is prohibited under the following conditions:

64.5(1) Written approval has been granted by the director of the department of natural resources or designee.

64.5(2) The search is confined to a reasonable area within the park or recreation area.

64.5(3) The search is limited to 12 hours or less in length.

571—64.6(461A) Tools used. Tools used to recover items detected beneath the ground level shall be limited to the following:

64.6(1) Probes not over 12 inches long, 1-inch wide, and ¼-inch thick.

64.6(2) A sand scoop or sieve not over ten inches in diameter.

571—64.7(461A) Digging limitations and restoration.

64.7(1) In recovering items located below the ground, a person shall not unduly disturb the earth and shall limit all excavations to less than three inches square when using probes and ten inches in diameter when using sand scoops or sieves.

64.7(2) When digging is done to search for an object, the metal detector operator shall restore the disturbed area as nearly as possible to its original condition.

571—64.8(461A) Disposal of litter. All litter that is recovered shall be disposed of in approved trash receptacles.

These rules are intended to implement Iowa Code section 461A.35.

[Filed 4/17/25, effective 6/18/25]

[Published 5/14/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/14/25.