Is A Permit Needed For Highbanking In California ?

[Tom T]

I see I got a laugh out of my comments 😁

Not to change the subject, but have you seen the numbers of people living along the creeks and rivers?  Where do you think a lot of their bodily waste and trash ends up? Think there aren’t laws being ignored/broken? The laws, rules, regulations put in place to regulate dredging, highbanking, sluicing, weren’t written with regards to environmental concerns. They were put in place as a control tool.

[Clay Diggins]

Seems this is where people are getting the idea that highbankers are restricted to within 100 yards.

California Code, Fish and Game Code - FGC § 5653

(e) It is unlawful to possess a vacuum or suction dredge in areas, or in or within 100 yards of waters, that are closed to the use of vacuum or suction dredges.

Rather curious reading of a law that begins by stating:

(a) The use of vacuum or suction dredge equipment by a person in a river, stream, or lake of this state is prohibited, except as authorized under a permit issued to that person by the department in compliance with the regulations.

No mention of highbanking anywhere in there. Or any other law for that matter. FGC 5653 is all about in stream work.

I know California has a lot of big head agency types that think whatever they say is the law. They can be scary. Sadly to this date no one has been able to point to a law against highbanking, a ticket for highbanking or a court conviction for highbanking. Nor is there a permit available or required under the law.

Yet the belief continues to spread. Sometimes I think small miners are their own worst enemies.

Highbank or don't highbank - it's your choice. I'm only sharing what I know, I have no intent to encourage people to do anything they are uncomfortable with. I no longer mine in California but I know several miners that are openly highbanking there and have had no problems.

Thanks for sharing.

Barry

[blackjack]

On 6/10/2022 at 12:45 AM, Ridge Runner said:

I always like being Legal are on a claim that belongs to a club I’m a member of . This way I know I’m in my rights of being are doing whatever I wish.

 My problem is with the powers that be that are willing to take ones money then give you a permit that’s not worth the paper it’s written on . Then you run head on into another power that wants to control are stop you in anyway they can to you from doing what you’re willing to pay for.

 I’d find it hard to believe if you said okay you win I give up and because all the red tape I’m going home would they refund your money. Maybe someone out there knows the answer to that and can reply.

 I’ve said in the past Id like to do something in the way of gold mining in California but the more I read I’m thinking is it really worth the effort.

 I look back to 1961 when I first started prospecting in California. Oh I had it bad but my wife didn’t want to stay. I’d been better off if I’d kicked her butt out and followed my dream. We parted company 19 years later anyway.

 The Best To Anyone Who’s Willing To Give It A Try .

 Chuck 

Well said Chuck, some may think I'm going 'off topic' but the the principle applies to both, bureaucrats, lawyers, insurance companies and a work force that is over educated with narrow qualifications are to blame. I'm building my third house as an owner builder, first time it cost $350 in permits and I was able to draw the plans myself as well as doing the engineering specs from a set of framing tables. This time around I had to employ a "building designer" to draw the plans and "engineer" to approve them at a combined cost of $15,500 for work that I could of done myself in a weekend. Add to that a BAL rating {bushfire attack level} and an an archaeologist, and a small army of other "experts" and the cost is $30,000 so far and we are still in the "planning stage" and are yet to be issued with a building permit. To get a building permit I have to complete an online training course on how to be an owner builder and in order to do that I have to have public liability insurance. I think the same applies for small scale mining, governments want to squeeze out the small operators and just deal with large companies.