South Carolina is the only state where magnet fishing is illegal under a statewide ban. No other state has passed a law that specifically prohibits the activity across its waters. But asking which states magnet fishing is illegal in only gets you part of the answer: federal artifact laws apply everywhere, a handful of states impose permits or artifact rules that can trip you up, and local park ordinances can shut you down even where state law says nothing. Where you drop your magnet and what you pull out both matter.
South Carolina’s Statewide Ban
South Carolina’s Underwater Antiquities Act prohibits magnet fishing in state waterways. The South Carolina Institute of Archaeology and Anthropology, which administers the Act, states that “Activities such as Magnet Fishing are prohibited in South Carolina waterways and SCIAA does not issue Hobby Licenses for this potentially destructive practice.”1SC Institute for Archaeology and Anthropology. Hobby License FAQ The state treats tethered magnets as a threat to submerged archaeological sites.
The state does issue a Hobby License for recreational collection of artifacts and fossils from underwater sites, but it is a hand-collection permit for divers. The statute limits recovery to objects “recovered by hand” and prohibits powered mechanical devices, dredging equipment, and lifting tools.2South Carolina Legislature. South Carolina Code Title 54 – Shipwrecks and Salvage Operations A magnet does not qualify, and SCIAA will not license one. There is no legal path to magnet fish in South Carolina.
Federal Laws That Can Make Magnet Fishing Illegal Anywhere
Even in states with no magnet-fishing statute, federal law restricts what you can take from federal land, tribal land, and some navigable waterways. These restrictions apply in all fifty states.
Archaeological Resources Protection Act
ARPA makes it a federal crime to excavate, remove, or damage any archaeological resource on federal or tribal land without a permit. The law defines an archaeological resource as material remains of past human life or activity that are at least 100 years old.3National Park Service. Archaeological Resources Protection Act of 1979 Pulling a Civil War-era object from a river that runs through a national forest and keeping it is an ARPA violation.
Penalties escalate fast. A first offense can bring up to a $10,000 fine and a year in prison. If the archaeological value exceeds $500, the ceiling rises to $20,000 and two years. Repeat violations reach $100,000 and five years, and vehicles and equipment used in the violation can be forfeited.4GovInfo. 16 USC 470ee – Prohibited Acts and Criminal Penalties A narrow exception exists for arrowheads lying on the ground surface, which does not help anyone pulling items from the water.
Abandoned Shipwreck Act
The Abandoned Shipwreck Act of 1987 transferred ownership of abandoned shipwrecks embedded in state submerged lands to the states. On federal lands, the federal government holds title; on tribal lands, the tribe does.5National Park Service. Abandoned Shipwreck Act of 1987 Material from a shipwreck already belongs to a government. Taking it is theft of government property, regardless of what any state’s magnet fishing rules say.
National Historic Preservation Act
The NHPA of 1966 directs federal agencies to protect properties listed or eligible for the National Register of Historic Places.6National Park Service. National Historic Preservation Act of 1966 It does not regulate private citizens the way ARPA does, but it shapes the rules federal land managers put in place for recreational activity on national parks, Army Corps of Engineers reservoirs, and similar sites. Those rules can prohibit magnet fishing on specific properties.
States With Specific Restrictions Short of a Ban
A few states regulate magnet fishing or related conduct without banning it outright. If you fish in one of them, know the rule before you cast.
Indiana
Indiana requires a free permit for magnet fishing on any property the Department of Natural Resources owns, manages, or leases. Permits are issued by individual properties at their discretion, so contact the specific property office in advance. Magnets must be small enough to carry and retrieve by hand without motorized equipment, and dangerous finds must be reported to the property office or DNR law enforcement dispatch.7Indiana Department of Natural Resources. Magnet Fishing on State Properties Off DNR land, Indiana has no magnet-fishing-specific rules.
New York
New York has no magnet-fishing statute, but state Education Law makes it a misdemeanor to excavate, remove, injure, or destroy any object of archaeological or paleontological interest on state-owned land without written permission from the Commissioner of Education, and discoveries must be reported. The law sets no age threshold, so any item of archaeological interest pulled from a state-owned riverbed can create legal exposure even though the act of magnet fishing is not itself prohibited.
Minnesota
Minnesota treats abandoned tangible personal property on state land, including lake and river bottoms, under state ownership rules. Items found in public waters may need to be reported to the Department of Natural Resources. The activity itself is not banned, but a finders-keepers assumption is wrong here.
California
California permits magnet fishing in navigable public waterways but enforces strong archaeological protections. Removing artifacts from state waters without authorization can violate state historical resource laws. Pulling up modern scrap in public areas is generally fine; anything that looks old or historically significant should be left alone or reported.
Myths About State Magnet Fishing Laws
Some claims circulating on hobby forums have hardened into accepted wisdom despite not matching any actual regulation. A few worth clearing up:
Wisconsin is often listed as requiring a special permit. The Wisconsin DNR has publicly stated that no license is required and has expressed support for magnet fishing as a waterway cleanup activity. Archaeological site protections still apply, but there is no magnet-fishing permit.
Ohio is sometimes said to require a fishing license for magnet fishing. The Ohio DNR’s license rules cover “taking fish” from state waters, along with frogs and turtles, with no official guidance extending the requirement to magnets.8Ohio Department of Natural Resources. About Ohio Fishing Licenses Massachusetts is similarly rumored to require a freshwater fishing license and to cap magnet pull force, but the state’s license pages address catching fish and say nothing about magnets.9Mass.gov. License Types and Fees If someone tells you a state requires a magnet fishing license, check that state’s natural resources agency directly.
Everywhere Else: Legal, With Caveats
The remaining states have no law that singles out magnet fishing. In those states, the activity is generally permitted in public waterways, subject to the federal rules above and whatever local ordinances apply. The absence of a magnet-fishing statute is not the same as unrestricted access, though. Every state has trespassing laws, and magnet fishing from private property or in private waters without permission is trespass. Most states also protect archaeological and historical artifacts in some form, so keeping an old-looking find can be illegal even where dropping the magnet is not.
Local Park and Property Rules
This is where most magnet fishers actually run into trouble. City parks, county parks, state parks, and Army Corps of Engineers properties each set their own rules on top of state law. A state park may ban magnet fishing from its pier. A city ordinance may prohibit removing objects from a municipal waterway. A county park may require you to haul out everything you retrieve rather than throw it back.
The reasons are practical: liability if someone gets hurt, environmental concern about disturbing sediment, and the cleanup burden when scrap piles up on park grounds. Fines are usually modest but enforceable. Call the property manager before you go, or read the posted rules at the access point. That phone call is the single most reliable way to avoid an enforcement conversation at the water.
Legal to Fish Is Not the Same as Legal to Keep
Even where magnet fishing itself is permitted, ownership of what comes up is a separate question. Common law distinguishes lost property, abandoned property, and treasure trove, and states handle each differently. Some give finders ownership of abandoned property; others, particularly for items on the bottoms of public waterways, claim state ownership of what you pull up.
On federal or tribal land, ARPA controls, and archaeological resources over 100 years old belong to the government.4GovInfo. 16 USC 470ee – Prohibited Acts and Criminal Penalties Shipwreck material on state submerged lands belongs to the state under the Abandoned Shipwreck Act.5National Park Service. Abandoned Shipwreck Act of 1987 Modern scrap with no identifiable owner is the one category where a finder’s claim is usually strongest, and even that varies by state. Confirming you can magnet fish in a given spot and confirming you can keep what you find are two separate questions, and both deserve an answer before you start.