How to Stake a Mining Claim on BLM Land: Step-by-Step Overview

Here is how to stake a mining claim on BLM land in short: confirm the land is open to mineral entry and not already claimed, make a discovery of a valuable mineral, mark the claim on the ground following your state's rules, record it with the county and file it with the BLM state office within 90 days, then pay the annual maintenance fee (or file a waiver) every year by September 1. Miss a filing or a fee and the claim is forfeited.

This is an overview for hobby and small-scale prospectors, not legal advice. Federal rules come from the General Mining Law and BLM regulations, but each state adds its own staking and recording requirements. Read your state's rules and talk to the BLM state office before you start.

What a mining claim is (and is not)

An unpatented mining claim gives you the right to explore for and extract locatable minerals, such as gold, from a parcel of federal land. According to the BLM's mining claims guide, it does not give you ownership of the surface. The public generally keeps the right to cross your claim for recreation. You also cannot build structures or store equipment without approval, and you must reclaim any disturbance.

There are four kinds of claims and sites:

Most gold prospectors working creek gravels or desert washes file placer claims.

How to stake a mining claim: step by step

Step 1: Confirm the land is open

Claims can only be located on federal land open to mineral entry. National parks, national monuments, most wildlife refuges, designated wilderness and land withdrawn for other uses are closed. Check the official land records at the BLM, including the Mineral and Land Records System (MLRS), and the county recorder. You are responsible for confirming there are no existing claims on the ground you want.

Step 2: Make a discovery

A valid claim requires the discovery of a valuable mineral deposit. The BLM describes this using the "prudent person" test: would a reasonable person spend time and money to develop it with a reasonable prospect of success? For a placer claim, that means finding a pay streak, and the land must be mineral in character. Prospecting with pans, sluices and detectors on open ground is how most hobbyists sample before staking. Our guide on how to read geology for gold covers where to look.

Step 3: Mark the claim under state law

The General Mining Law lets each state set staking rules. Generally you place corner posts or monuments and post a location notice, tied to a permanent landmark. Some states require extra posts or specific monument sizes. Nevada, for example, sets minimum standards for monuments and requires a claim map filed with the county recorder. Contact your state's geological survey or mineral agency for the exact requirements.

Step 4: Record with the county

File your location notice with the county recorder within the state's deadline. The federal maximum is 90 days after location, but some states require less time.

Step 5: File with the BLM within 90 days

File a copy of the location notice and a map with the BLM state office within 90 days of the location date, and pay the initial fees at the time of filing. The BLM state office is the official federal filing office.

Step 6: Maintain the claim every year

The assessment year begins on September 1. Each year you must either pay the annual maintenance fee by September 1 or, if you qualify, file a maintenance fee waiver and perform assessment work. Missing the deadline means the claim is forfeited by operation of law.

BLM mining claim fees

The BLM fee page lists the following for new claims filed on or after September 1, 2024. The BLM's 2027 mining season notice confirms the same amounts for claims located on or after September 1, 2026. The BLM adjusts fees periodically, so check the current schedule before you file.

The maintenance fee waiver

If you and all related parties hold 10 or fewer claims nationwide, you may file a Maintenance Fee Waiver Certification (Form 3830-2) by September 1 instead of paying the maintenance fee. You must then perform assessment work and file an Affidavit of Assessment Work by December 30, with a per-claim filing fee. The BLM also lists a Notice of Intent to Hold in some situations. Read the BLM's current guidance carefully, because waiver errors are a common cause of lost claims.

Working your claim: casual use, notices and plans

Holding a claim does not mean you can do anything you like on it. The BLM's surface management rules sort activity into levels:

• Casual use: Hand tools, pans, small sluices and metal detectors with negligible disturbance. Generally no BLM notice is needed.
• Notice-level: Exploration that disturbs 5 acres or less requires a notice with a reclamation plan and financial guarantee.
• Plan of operations: Larger disturbance requires an approved plan of operations.

State permits can also apply, especially for water use and motorized equipment in streams. On national forest land, the Forest Service has its own notice and plan process. Our guide to metal detecting on BLM land explains casual use in more detail.

Common mistakes to avoid

1. Staking over an existing claim without checking MLRS and county records.
2. Staking land that is withdrawn, such as wilderness or a recreational mining area.
3. Missing the 90-day filing window with the county or the BLM.
4. Forgetting the September 1 maintenance fee or filing an incomplete waiver.
5. Assuming a claim lets you bar the public or build a cabin.
6. Moving heavy equipment onto the claim without the required notice or plan.

Rules change. Confirm with the BLM state office, your county recorder and your state mineral agency before you go.

Equipping a claim

Once you hold a claim, you can work it more systematically. A detector covers bedrock and shallow gravels; a trommel or sluice processes volume; a spiral wheel finishes concentrates. Browse our gold panning equipment, including Camel Mining trommels and spiral wheels, and our gold metal detectors. Our gold prospecting equipment guide compares the options.

Frequently asked questions

How much does it cost to stake a mining claim?

For a new lode claim filed with the BLM, the processing, location and initial maintenance fees currently total $274. Placer claims pay the maintenance fee per 20 acres. County recording fees are extra.

How big can a placer claim be?

Up to 20 acres per individual locator. An association placer claim can cover up to 160 acres with eight or more locators.

Do I own the land on my mining claim?

No. An unpatented claim gives you the right to the locatable minerals, not ownership of the surface. New patent applications have been barred by a congressional moratorium since 1994.

When is the maintenance fee due?

On or before September 1 each year. The BLM says there are no extensions.

Can I stake a claim on national forest land?

Yes, on national forest land open to mineral entry. Claims are filed with the BLM, but surface activity is managed by the Forest Service.

Sources

• >Bureau of Land Management: Mining claim fees
• >Bureau of Land Management: 2027 mining season notice
• >Bureau of Land Management: Mining claims and sites on federal lands
• >Nevada Division of Minerals: Placer claim location requirements