# Legal/Illegal to pick up creek rocks?



## Boleyz (Sep 7, 2004)

Hi!
Does anyone know if it is Legal or Illegal to pick up rocks from a creek on public land in KY? I know it's illegal in national forests...in fact, it's a federal offense. I need some to morter around the foundation of my new home. A Ton would do it. Thanks!
JB


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## CountryBumpkinLisa (Dec 31, 2002)

They pick them up around here all the time. And even get them from the side of the road and nothing is said. My brothers a stone mason and does it daily.


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## gspig (Dec 11, 2002)

I doubt you would want creek rock for foundation work, it is too smooth and rounded. I don't know if it is illegal to pick rock from road side cut throughs, but I have seen many people do it, and State Police drive right by them.


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## Peace n Quiet (Jun 16, 2003)

I'm surprised at the replies so far! Here in Pa it's illegal. In fact, the kids down the road were fined thousands of dollars for taking creek rock. I think they were palleting it and selling it.


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## antiquestuff (Nov 5, 2004)

Don't pick the creek dry, so to speak-don't take lots from a small area which would be bad for the creek.


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## mtman (Sep 2, 2004)

Boleyz said:


> Hi!
> Does anyone know if it is Legal or Illegal to pick up rocks from a creek on public land in KY? I know it's illegal in national forests...in fact, it's a federal offense. I need some to morter around the foundation of my new home. A Ton would do it. Thanks!
> JB


by our place they go about 300 dollors a ton but we will be at the farm may 15 bring your truck to ar. and fill up nice square ones great for foundation


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## sylvar (Nov 2, 2004)

gspig said:


> I doubt you would want creek rock for foundation work, it is too smooth and rounded. .



If hes talking about the kind of KY creek rock I know its slabs of limestone.


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## Boleyz (Sep 7, 2004)

Thanks for the responses. I've talked to several people this evening and all have informed me that it is illegal to remove rocks from a flowing stream, even on private property. Some kind of EPA rule. Could disturb a crawdad or something. Creek rocks are great for foundation work presisely because they are smooth and rounded. I need them for decorative, not structural use. My foundation is concrete block with a brick ledge. I merely want to mortar some rock over the blocks. It's funny to me that it's illegal, yet every place you go to look at stone, they've got creek rock for sale on pallets for about $500.00. Where are they getting theirs? Bangledesh? Anyhow, I ain't into breaking the law. I got a good name in my community and plan to keep it that way...


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## big rockpile (Feb 24, 2003)

If its like it is here in Missouri its considerd Mining and have to have a Permit.I know on the Creek below me they can get Permit on one side of the road but not on the other because of a Darter.

big rockpile


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## Anataq (Jun 19, 2004)

File a mining claim on the federal, or state land and take as much as you like. Federal mining law does not just apply to precious metals like gold. Mining law will allow you to remove as much stone as you like from a creek on Federal Land and there isn't anything anyone can do about it.

-Anataq


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## Anataq (Jun 19, 2004)

Oh and one more thing, Federal mining law gives the clam owner so much power that even the EPA has a hard time doing anything about mining activity. Why do you think that every industry, oil, timber etc. except the mining industry has to actually clean up their mess when they are done. Dig a couple thousand foot deep pit, clear everything for miles around, le up a huge mess and walk away.

-Anataq


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## Ken Scharabok (May 11, 2002)

At least in TN, while you may own the land on both sides and under a creek, the creek itself basically belows to the Army Corp of Engineers, TN Valley Authority and state natural resources office in that you are restricted from what can be done with it. Blue Creek through my farm moves a lot of chert (creek gravel) around and builds up gravel bars. I have a state dredging permit to allow me to remove it, but only for use on the farm. I can only take down to water level with a wheeled loader (e.g., backhoe). If I were to use a trackhoe I would need to leave a berm such that no silt from that process flows into the creek. Each time I need to put riprap on the bank and put in flow diverters into the creek to channel it, it is a separate permit process - subject to approval by the above three groups. I have actaully found them to be relatively easy to work with if you will meet them part way.


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