Metal Detecting Laws in Mexico

Mexico's federal monuments law reserves any kind of physical work to discover or explore archaeological monuments to the Instituto Nacional de Antropología e Historia (INAH) and to scientific institutions or institutions of recognized moral standing, with prior authorization, so hunting for archaeological finds is research-only.

• archaeological monuments are the movable and immovable things produced by cultures before the Hispanic culture was established in Mexico, plus human, plant and animal remains related to those cultures (art. 28)
• INAH sets the terms, conditions and obligations of each authorization (art. 31), and suspends work on archaeological monuments done without one (art. 32)
• Article 28 TER applies the preservation and research rules to traces of human existence of cultural, historical or archaeological character in Mexico’s marine zone that have been partly or wholly underwater, periodically or continuously, including wrecks and cargo. Foreign-state ships and aircraft, their parts and contents enjoying sovereign immunity under international law are excluded; research authorizations otherwise follow art. 30.
• doing archaeological exploration by excavation, removal or any other means at immovable archaeological monuments or in archaeological monument zones without INAH authorization carries 3 to 10 years in prison and 1,000 to 3,000 day-fines (art. 47)
• the law speaks of physical work (trabajos materiales) to discover or explore; it does not say whether sweeping with a detector without digging counts
• the rule covers archaeological monuments, meaning things from the cultures before the Hispanic culture was established in Mexico (art. 28); the law does not mention metal detectors, and it does not address hunting for modern lost items

The national archaeological-search rule applies on beaches. Article 28 TER extends preservation and research rules to cultural, historical or archaeological traces partly or wholly underwater in Mexico’s marine zone, periodically or continuously, subject to the foreign sovereign-immunity exception.

• the national rule: any kind of physical work to discover or explore archaeological monuments may be done only by INAH or by scientific institutions or institutions of recognized moral standing, with prior authorization (Ley Federal sobre Monumentos y Zonas Arqueológicos, Artísticos e Históricos, art. 30)
• the marine-zone rule covers sites, structures, objects and human remains, and ships, aircraft and other means of transport or parts of them, with their cargo, that have been partly or wholly under water, periodically or continuously (art. 28 TER)
• ships and aircraft of foreign states with sovereign immunity, and their cargo, are excluded (art. 28 TER)
• no beach-specific rule was found in the sources read; federal coastal-zone rules were not read
• the rule covers archaeological monuments, meaning things from the cultures before the Hispanic culture was established in Mexico (art. 28); the law does not mention metal detectors, and it does not address hunting for modern lost items

Exploring an immovable archaeological monument or an archaeological monument zone, by excavation, removal or any other means, without INAH authorization is a crime carrying 3 to 10 years in prison and 1,000 to 3,000 day-fines.

• an archaeological monument zone is an area with several immovable archaeological monuments, or where their existence is presumed (art. 39); zones are declared by presidential decree, registered and published in the Diario Oficial (art. 37), and are under federal jurisdiction (art. 38)
• the penalty is 3 to 10 years in prison and 1,000 to 3,000 day-fines, raised by up to half for whoever orders, induces, directs, organizes or finances the work (art. 47)
• Damaging, altering or destroying an archaeological monument carries 3–10 years in prison and a fine up to the damage value under art. 52; unintentional damage is instead sentenced under the Federal Penal Code’s negligent-offence provisions.
• the national rule: any kind of physical work to discover or explore archaeological monuments may be done only by INAH or by scientific institutions or institutions of recognized moral standing, with prior authorization (Ley Federal sobre Monumentos y Zonas Arqueológicos, Artísticos e Históricos, art. 30)
• the rule covers archaeological monuments, meaning things from the cultures before the Hispanic culture was established in Mexico (art. 28); the law does not mention metal detectors, and it does not address hunting for modern lost items

National parks and nature reserves follow the national rule: any physical work to discover or explore archaeological monuments is reserved to INAH and to scientific or similar institutions with its prior authorization.

• the national rule: any kind of physical work to discover or explore archaeological monuments may be done only by INAH or by scientific institutions or institutions of recognized moral standing, with prior authorization (Ley Federal sobre Monumentos y Zonas Arqueológicos, Artísticos e Históricos, art. 30)
• no park- or reserve-specific rule was found in the sources read; protected-area legislation was not read
• the rule covers archaeological monuments, meaning things from the cultures before the Hispanic culture was established in Mexico (art. 28); the law does not mention metal detectors, and it does not address hunting for modern lost items

State forests follow the national rule: any physical work to discover or explore archaeological monuments is reserved to INAH and to scientific or similar institutions with its prior authorization.

• the national rule: any kind of physical work to discover or explore archaeological monuments may be done only by INAH or by scientific institutions or institutions of recognized moral standing, with prior authorization (Ley Federal sobre Monumentos y Zonas Arqueológicos, Artísticos e Históricos, art. 30)
• no forest-specific rule was found in the sources read; forestry legislation was not read
• the rule covers archaeological monuments, meaning things from the cultures before the Hispanic culture was established in Mexico (art. 28); the law does not mention metal detectors, and it does not address hunting for modern lost items

Private land follows the national rule, and the Federal Civil Code adds its own: nobody may, on their own authority, dig or do other works on someone else's land or building to look for treasure.

• the national rule: any kind of physical work to discover or explore archaeological monuments may be done only by INAH or by scientific institutions or institutions of recognized moral standing, with prior authorization (Ley Federal sobre Monumentos y Zonas Arqueológicos, Artísticos e Históricos, art. 30)
• treasure found through works done on someone else's land without the owner's consent belongs entirely to the owner, and whoever did the works must pay damages and restore the land (Federal Civil Code, arts. 881-882)
• if treasure is sought with the landowner's consent, any agreed split applies; without one, costs and finds are shared half and half (Federal Civil Code, art. 883)
• archaeological monuments belong to the Nation wherever they are found (art. 27)
• the rule covers archaeological monuments, meaning things from the cultures before the Hispanic culture was established in Mexico (art. 28); the law does not mention metal detectors, and it does not address hunting for modern lost items