Gold Panning in Wisconsin

Panning for gold in Wisconsin streams and rivers has long been a pleasant outdoor recreational activity for a small group of amateur prospectors. There are minor occurrences of placer gold (deposits concentrated by weathering and erosion) to be found in most Wisconsin counties, but it is almost always in the form of small ‘flour’ gold particles. Unlike in western States like California, there are no economic deposits of placer gold anywhere in the State and nuggets are extremely rare. The glaciers were effective at scraping up whatever gold deposits existed at the time, grinding them into small particles and spreading them out over the landscape. Most of the small placer gold deposits in existence today are the result of reworking this glacial debris.

Mining Regulations

Recreational gold panning is not directly addressed in the existing metallic mineral mining laws or regulations. The statute and administrative codes regulating metallic mining activity in Wisconsin (ch. 293, Wis. Stats., and chs. NR 130, NR 131, NR 132, Wis. Adm. Code), generally focus on commercial operations. Therefore, from a mining-regulatory perspective, the Department of Natural Resources (DNR) has historically classified recreational gold panning as an unregulated exploration activity. To summarize:

Neither a license nor permit, issued under ch. 293, Wis. Stats., is required from the DNR to engage solely in the recreational collection of metallic ore provided the activity is limited to the use of non-mechanized methods of collection and separation.

Recreational collection is generally considered the collection of a metallic ore (including gold panning) for noncommercial purposes such as educational uses and personal collections. Collection of gold or any other metallic ore primarily for sale or profit would be defined as a commercial activity and would require a mining permit. Acceptable non-mechanical means of collection and separation would include the use of pans, screens, shovels, and small pry tools. Small, portable manual sluice boxes would be acceptable as well as the use of metal detectors. This interpretation applies not only to gold panning, but also to the recreational surface collection of any metallic ore.

More intensive collection activities involving the use of mechanical devices such as dredges or powered excavation devices would be considered prospecting and would require a permit under ch. NR 131, Wis. Adm. Code, from the DNR regardless of the intent of the operator. The use of such devices to obtain metallic ore for sale or profit on an even larger scale would likely require a mining permit under ch. NR 132, Wis. Adm. Code.

Water Regulations

In addition to the mining regulations, the collection of gold or other minerals in waterways may be subject to regulation under Chapter 30, Wis. Stats. and ch. NR 345, Wis. Adm. Code. While the DNR regulates the removal of material from a streambed as dredging, either manual or mechanical, the removal of less than 2 cubic yards in any navigable waterway per year is not regulated under ch. NR 345 Wis. Adm. Code. To summarize:

A water permit for manual dredging is not required for a person engaged in recreational gold panning provided they remove no more than 2 cubic yards of material in any given waterway per year and they do not use any mechanized means of collection.

To put that volume of material in perspective, 2 cubic yards (an area 9 feet x 6 feet x 1 foot deep) of construction-grade gravel would be the equivalent of approximately 2.5 tons of material. Most recreational gold panning enthusiasts utilizing only hand tools will not exceed this limit. However, if the gold panning activity were to exceed this threshold, the activity may qualify for a regulatory exemption for manual dredging specified in s. NR 345.04(1)(d), Wis. Adm. Code.

If the activity involves use of a mechanized dredging device or disturbance of a larger area, please contact the Water Protection Program prior to initiating activity to determine if a permit is needed. In addition, please note that bed material removed while gold panning may be not redeposited in an environmentally sensitive area.

Property Considerations

Before recreational panning, be aware of the property rights, including access and ownership of any recovered material.

Private Land

In the case of a stream or flowage that runs through or is adjacent to privately owned property, be aware that in Wisconsin the riparian (stream bank) owners generally have property rights which extend from the bank to the center of the stream or flowage. This means it is necessary to obtain permission from the riparian property owner before conducting any panning on their property to avoid potential violation of trespassing laws. This also means that the riparian property owner has ownership rights to any material which might be found in the streambed. When panning on private property, it is very important that the property owner is aware of the activities and there is clear understanding of their expectations and restrictions.

While navigable waterways in Wisconsin are generally open to public use, traversing across private land to get to the stream is not allowed unless it is done with the consent of the property owner. Anyone may use exposed shore area of a stream without the permission of the riparian (i.e., landowner) but only if it is necessary to exit the body of water to bypass an obstruction. In addition, a member of the public may not enter the exposed shore area except from the water, from a point of public access on the stream, or with the permission of the landowner.

However, this right of public access to navigable waters does not extend to the removal of material from the stream bed, which can only be done with the permission of the riparian owner.

Public Land

The property rights of riparian landowners are also applicable to public lands. Mineral collecting on property controlled by the DNR is governed by ch. NR 45.04, Wis. Adm. Code. Under these rules, anyone wishing to collect minerals (including panning) which are on DNR property may need to obtain a collector’s permit from the DNR’s local property manager. If a permit is granted, you will generally be limited to no more than 5 pounds of material per day and 50 pounds of material per year from any given property. To find out the property manager of any given DNR property, the best place to start is on the DNR website.

However, be aware that mineral collection is not allowed on certain State properties. Properties subject to this restriction include:

• State Parks,
• State Trails,
• State Recreational Areas,
• Wild and Scenic Rivers as designated by the State,
• State Natural Areas, and
• Lakebeds which are owned by the State.

There may be other public areas where mineral collecting or panning is restricted or prohibited. Always contact the appropriate property manager before panning on public property to make sure there are no other restrictions. For details of applicable mineral collecting rules on National Forest land, contact the Federal property manager. Similarly, if the stream of interest is on land owned by a tribal government, county, town or other municipality, the appropriate authority should be consulted prior to engaging in the panning activity.

Summary

For most folks who would like to spend an afternoon outdoors panning for a flake or two of gold, there are no permits required from the DNR. Just remember to always ask for permission and keep your tools simple (nothing with a motor).

However, please be aware that the stream bed is not just a place that might harbor gold; it is also the home for many kinds of invertebrates such as mayfly, stonefly and caddis fly nymphs that provide food for other stream dwellers such as brook trout. Try to minimize disturbance to the stream bed by limiting the work area, carefully moving and replacing larger rocks and returning the coarse fraction of the panned material back into the stream. Stream beds are a valuable natural resource, and they should be treated with proper care and consideration.