You generally don't need a permit to recreationally pan for gold in
Wisconsin, although you may need to follow up with some folks depending on
how and where you intend to pan. I hope the following information can
clarify the process for you.
First, in terms of recreational prospecting or panning for gold and its
relationship to the metallic mining laws, there is not a "good fit" with the
existing statutory definitions of exploration (drilling), prospecting (bulk
sampling) or mining. Therefore, when posed this question in the past we have
applied a common sense approach to the regulation of recreational panning
and have determined that regular panning in and by itself is an unregulated
exploration tool. However, should the panning evolve into a more intense
activity and involve any mechanized techniques including dredging, the
activity would fall into the category of prospecting, and as such a
prospecting permit under Ch. NR 131, Wis. Adm. Code, would be required. If
the activity develops further and is intended for recovery and sale of the
metal contained in the stream sediments then the person is conducting
metallic mining which is subject to Ch. NR 132, Wis. Adm. Code. If you are
interested in viewing the administrative codes, they are available at
http://www.legis.state.wi.us/rsb/code/.
In addition to the laws specific to metallic mining discussed above, panning
could also be subject to regulation under Chapter 30 of the statutes which
addresses activities in and near navigable waterways. Conventional
recreational panning is generally viewed as an environmentally benign
activity and would normally not be subject to any permitting requirements.
Panning is defined as manual dredging for purposes of regulation under
Chapter 30, Wis. Stats., that pertains to protection of navigable waterways
in the state. The rule, Ch. NR 345 provides that manual dredging is
generally exempt from regulation provided that a number of specific
conditions are satisfied. Those conditions include the following:
2. The dredging may not be located in an area of special natural resource
interest as defined in s. 30.01(1am), Stats., and identified by the
department in s. NR 1.05, or where there are public rights features as
defined in s. NR 1.06, or in perennial tributaries to surface waters
identified as trout streams by the department in s. NR 1.02(7).
3. For each riparian property, the amount of bottom material dredged from a
specific waterbody may not exceed 100 square feet in surface area and one
foot in depth in a calendar year.
4. The material may not contain hazardous substances as defined in s. NR
345.03(6).
5. After or during dredging, the removed material may not be temporarily or
permanently placed in a wetland, floodplain or below the ordinary high water
mark of a navigable waterway.
6. No fill may be placed below the ordinary high water mark of a navigable
waterway.
7. Mechanical equipment may not be operated below the ordinary high water
mark or on the bed of a navigable waterway.
8. Erosion control measures shall meet or exceed the standards in the
Wisconsin Construction Site Best Management Practices Handbook.
Note: Information on how to obtain this publication can be found by
contacting the department or found on the department’s website at
www.dnr.wi.gov, under the "Runoff Management" program.
9. The applicant is the riparian owner or has permission of the riparian
owner to remove bottom material.
Note: When the state is the riparian property owner, the requirements of ch.
NR 45 shall be met.
In addition, the following link provides more information concerning
application of the requirements of Chapter NR 345 and includes access to the
entire code.
http://dnr.wi.gov/org/water/fhp/waterway/dredging.shtml
If you have any questions about how this rule is interpreted or applied, you
should contact the water management specialist for the area in which you
would like to conduct panning activities.
One other relevant point in addition to the regulatory issues addressed
above, concerns the question of ownership of the mineral rights of the
stream bed. In the case of a stream or a flowage, the riparian owners
generally have the rights to the bed from the bank to the center of the
stream or flowage. Given that situation, you must obtain permission from the
landowner prior to conducting any panning. If such permission is not
obtained you may be subject to laws governing trespassing and if you
happened to make any valuable finds you would not be entitled to keep them.
This requirement is applicable on public land as well as private land.
Mineral collecting for non-commercial purposes on property controlled by the
Department of Natural Resources is governed under Ch. NR 45, Wis. Adm. Code.
Basically, if you intend to pan in streams which are on state property, you
need to apply for a collector's permit from the property manager before you
start to pan. If a permit is granted, you will be limited to collecting a
maximum of five pounds of material per day and fifty pounds per year from a
given property. You should also be aware that pursuant to Ch. NR 45, mineral
collection is not allowed in certain types of state properties such as state
parks and wild and scenic rivers.
I hope this has been helpful. Feel free to contact me again if you need
anything else.
P Philip Fauble, P.G.
Mining & Beneficial Reuse Program Coordinator
Bureau of Waste & Materials Management
Wisconsin Department of Natural Resources
(() phone: (608) 267-3538
(() fax: (608) 267-2768
(+) e-mail: Philip.Fauble@Wisconsin.gov