Yes, magnet fishing is legal in Virginia but strictly regulated under state and local laws.
Virginia permits magnet fishing on public waterways unless prohibited by specific local ordinances or state statutes governing archaeological resources. The Virginia Department of Historic Resources (DHR) enforces protections under the Archaeological Resources Protection Act, which criminalizes the unauthorized disturbance of human remains or artifacts on state-controlled lands. Local jurisdictions, including counties and cities, may impose additional restrictions via ordinances—such as Alexandria’s 2023 ban on magnet fishing in the Potomac River to protect submerged infrastructure. Violations can result in misdemeanor charges, fines up to $2,500, or felony penalties if human remains are disturbed. Always verify local rules before engaging in magnet fishing.
Key Regulations for Magnet Fishing in Virginia
- Archaeological Protections: Disturbing or removing artifacts from state or federally owned submerged lands violates § 10.1-2305 of the Virginia Code, enforced by the DHR. Penalties include fines and potential felony charges if human remains are involved.
- Local Ordinances: Cities like Alexandria, Richmond, and Arlington have enacted bans or permits for magnet fishing in municipal waterways. Alexandria’s 2023 ordinance explicitly prohibits the activity in the Potomac River to safeguard underwater utilities and cultural resources.
- Public vs. Private Lands: Magnet fishing is permitted on public waterways unless restricted, but private property requires landowner consent. Trespassing laws (§ 18.2-138) apply if fishing occurs on unauthorized private land or restricted access areas.