Foraging Legally in Georgia
Foraging laws around the country vary tremendously. Further, foraging laws in Georgia differ from city to city and park to park. This short article is meant to shed some light on the history of foraging, the current legal situation on the ground, and some philosophical ideas as to how we can forage safely and legally.
Where can I legally forage for mushrooms in Georgia?
It is essential to ask about mushrooms because rules for mushroom foraging differ from foraging for fruits and nuts. In National Parks and National Park Units, a Superintendent writes a yearly set of rules called the “Superintendent Compendium.” This set of regulations ideally reflects the current needs of the park. If one area needs restoration, that area can be restricted for the coming year. Unfortunately, this means it is improbable that visitors will understand the up-to-date rules of the park.
What can I forage in Georgia National Parks on the Chattahoochee River?
There are many national parks on the “hooch,” each with a unique set of rules. I will look at the Island Ford superintendent compendium for the information here.
A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the US Park Police or the park address
$5,000 - $10,000 fines for breaking these rules!
36 CFR §2.1 - Preservation of Natural, Cultural and Archeological Resources
(c)(1) The gathering, by hand, of native and non-native fruits, berries and nuts for personal use or consumption is allowed. Each gatherer is allowed one (1) gallon, per day. Sale or commercial use of gathered fruits, berries and nuts from Chattahoochee River National Recreation Area is strictly prohibited. Gathering of plants or mushrooms is also strictly prohibited, unless authorized by permit.
Sadly, the superintendent conflates a mushroom (the fruiting body) with a plant (living organism). We know scientifically that foraging a mushroom may help the mushroom spread its spores and travel to new areas. At the same time, foraging for plants and uprooting them undoubtedly kills them. We advocate that Island Ford change these laws and allow for mushroom foraging up to one gallon a day for personal consumption. We have called to ask about permits to forage mushrooms, and none were available for purchase.
Can I forage for mushrooms in the National Forests in Georgia?
Some parks allow for the foraging of mushrooms for personal use. If you want to sell mushrooms you find, you will need a foraging permit. More info here.
Can I forage for mushrooms in Georgia City Parks?
Each city has different rules and regulations. They generally require that you do not uproot plants, that you do not “molest plants and flowers,” and that you do not remove wildlife. As of the present moment, Atlanta City Parks do not restrict the foraging of mushrooms.
Can I forage for mushrooms in Georgia State Parks?
No foraging of any kind is allowed in Georgia State Parks. Refer to the next paragraph to find out why.
History of Foraging Laws
In the article “Food Laws Gone Wild: The Law of Foraging,” BJ Linniken outlines the history of foraging in the US. Before the Civil War, anyone and everyone could forage. Generally, this practice was reserved for the poor and enslaved, but it didn’t seem to impact other people negatively. Once slave owners saw slavery coming to an end and realized that enslaved people were expert foragers, they decided to make foraging illegal in State Parks and on private property. Read the article linked above for more info.
Can I forage in a Wilderness Management Area?
The laws for foraging in WMAs in Georgia seems to be ever evolving. It was relatively common knowledge that you can hunt and therefore forage in WMAs. However, one friend was recently approached by officers and told that he was not able to forage in the WMA for mushrooms because they followed the laws of state parks, which forbid foraging. However, state parks also forbid hunting. With all of this confusion, I called the head Officers of the WMAs of Georgia and they told me “you should be fine; nobody should have a problem with you foraging for mushrooms for personal consumption.” I have heard that Occonee National Forest near Skull Shoals has officers that will look for Morel hunters and take their morels. They tell people to get permits when no permit exists. My advice is to call ahead of time to the specific WMA and see if you can get someone on the phone. Keep asking for permit options and to see if we can forage for mushrooms. in WMAs.
Can I forage on Georgia Army Corp of Engineers Land?
This land appears to be governed by State laws, which may forbid foraging. At the same time, they allow hunting, which may signify laws are similar to WMAs. It appears asking the Head Commander would be the safest way to know whether mushroom foraging is legal. The answer may differ from park to park.
So, where can I forage in Georgia?
Private property is your best bet for foraging without restriction. City parks are foraging hotspots. Consult local land trusts and conservation easement holders and ask if you can forage on their land. Consider a hunting lease on private land. Advocate for local parks to update their rules in line with current scientific evidence that mushroom foraging does not negatively impact environmental conditions.
Disclaimer: I am not a lawyer; this should not be considered legal advice. I am a Forager and Georgia native, navigating these foraging laws for the past 12 years. I have advocated for changes in foraging laws by contacting local Superintendents. I encourage you to reach out to local parks, help steward parks, plant native trees, support native mushroom populations, and, in general, begin growing native strains at your house. Together, we can create more opportunities to forage for mushrooms and plants in Georgia and beyond.
