Mining Claim Staking Requirements 2025: Complete BLM Guide

Mining claim staking on federal lands is governed by a complex web of federal regulations, state statutes, and local recording requirements. The 1872 Mining Law grants U.S. citizens the right to locate mining claims on federal lands open to mineral entry, but successfully perfecting those claims requires navigating precise procedural requirements, strict deadlines, and escalating fees.

This guide provides a comprehensive overview of 2025 mining claim staking requirements, including the latest BLM regulations, fee schedules, state-specific filing deadlines, and best practices for ensuring your claims are properly located and maintained.

Types of Mining Claims

The Bureau of Land Management recognizes several types of mining claims and sites on federal lands:

Lode Claims

Used for hard rock minerals found in veins or lodes (gold, silver, copper, etc.). Maximum size is 1,500 feet along the vein and 600 feet on either side (300 feet each side of the center line). Total maximum area: approximately 20.66 acres.

Placer Claims

Used for minerals found in loose deposits (gold in streams, desert placers, etc.). Maximum size is 20 acres per locator. Associations of up to 8 locators can claim up to 160 acres.

Mill Sites

Non-mineral lands used for mining-related operations (processing plants, camps, etc.). Maximum size is 5 acres per claim. Must be used in connection with an existing mining claim.

Tunnel Sites

Claims to develop tunnels for accessing minerals. Maximum size is 3,000 feet along the projected tunnel centerline.

Fundamental Requirements for Valid Claims

To establish a valid mining claim on federal lands, you must satisfy several fundamental requirements:

1. Location on Open Federal Lands

The claim must be located on federal lands that are open to mineral entry. Lands withdrawn from mineral entry (national parks, wilderness areas, military reservations, etc.) cannot be claimed. Check the BLM's Land Status Records and Master Title Plats before staking.

2. Discovery of Valuable Mineral Deposit

You must make a valid "discovery" - actual physical exposure of a valuable mineral within the claim boundaries. The mineral must be of sufficient value and quantity that a person of ordinary prudence would be justified in further expenditures to develop the deposit.

3. Proper Monumenting and Boundary Marking

Federal law requires that claim boundaries be "distinctly and clearly marked" on the ground to be "readily identifiable." This means:

• Place monuments (posts, rock cairns, or other permanent markers) at claim corners
• Mark boundaries in a manner visible to others in the field
• Include required information on monuments (claim name, location date, locator name)

Each state has specific monumenting requirements that often exceed federal minimums. Failure to properly monument claims can result in invalidity.

4. Location Notice and Certificate

Prepare a location notice or certificate that includes:

• Name of claim
• Date of location
• Name and address of locator(s)
• Legal description or sufficient description to locate the claim
• Type of claim (lode, placer, mill site)
• Discovery point location
• Dimensions and boundaries

Post a copy of the location notice at a conspicuous location on the claim (often at the discovery point or a corner monument).

Critical Filing Deadlines (State-Specific)

One of the most common reasons claims fail is missing filing deadlines. You must file your claim with both the county recorder and the BLM within strict timeframes that vary by state:

State	County Filing Deadline	BLM Filing Deadline
Arizona	30 days from location	90 days from location
Utah	30 days from location	90 days from location
Alaska	45 days from location	90 days from location
Idaho	90 days from location	90 days from location
Nevada	90 days from location	90 days from location
Montana	30 days from location	90 days from location
Wyoming	30 days from location	90 days from location
New Mexico	90 days from location	90 days from location
California	90 days from location	90 days from location

2025 Fee Schedule

Effective September 1, 2024, the BLM implemented new fee schedules for mining claims and sites. All claims located on or after this date are subject to the updated fees:

Initial Location Fees (New Claims)

• Lode or placer claim: $50 per claim
• Mill site or tunnel site: $50 per site

The location fee must be paid to the BLM when filing a new claim. This is a one-time fee due within 90 days of the location date.

Annual Maintenance Fees

• Per claim/site (standard): $200 per year
• Small Miner Waiver: Available for 10 or fewer claims if you certify that you and all related parties hold 10 or fewer claims nationwide and have performed required assessment work

Maintenance fees are due annually by September 1 for the upcoming assessment year (September 1 - August 31). Late payments result in automatic claim forfeiture with no grace period.

Assessment Work Alternative

Instead of paying the annual maintenance fee, claimants can perform $100 worth of assessment work per claim (adjusted for inflation, now approximately $165/claim) and file an affidavit of assessment work with the county and BLM. However, most claimants opt to pay the fee rather than complete and document the work.

Step-by-Step Staking Process

Step 1: Conduct Land Status Research

Before staking, verify that the land is:

• Federal land administered by BLM or USFS
• Open to mineral entry (not withdrawn or restricted)
• Not already claimed by another party

Use the BLM's LR2000 database to search existing mining claims by legal description. Review Master Title Plats (MTPs) and Land Status Records to confirm surface and mineral ownership.

Step 2: Locate and Mark the Claim

Physically visit the site to:

• Confirm the presence of valuable minerals (make your discovery)
• Determine claim boundaries based on geology and land features
• Place monuments at corners and required intervals
• Record GPS coordinates for each monument
• Take photographs of monuments and discovery point

Step 3: Prepare Location Documents

Create accurate location certificates, maps, and supporting documents:

• Location certificate with all required information
• Claim map showing boundaries, monuments, and legal description
• GPS coordinates for all corners
• Description of mineral discovery

Step 4: File with County Recorder

File your location certificate and supporting documents with the county recorder in the county where the claim is located. Meet your state's specific deadline (30-90 days depending on state).

County recording fees vary but typically range from $10-50 per document.

Step 5: File with BLM

Within 90 days of the location date, file with the appropriate BLM state office:

• Copy of the recorded location certificate
• Claim map
• BLM filing form (state-specific)
• Initial location fee ($50 per claim)

BLM accepts filings by mail or in person at state offices. Some states offer online filing through the BLM's Mineral and Land Records System (MLRS).

Step 6: Pay Annual Maintenance Fees

Beginning with the first assessment year following location, pay annual maintenance fees by September 1 each year. Set calendar reminders—missing this deadline forfeits your claim immediately.

Common Mistakes and How to Avoid Them

1. Staking on Closed Lands

Mistake: Failing to verify land status before staking.
Solution: Always check LR2000, Master Title Plats, and withdrawal maps before field work.

2. Inadequate Discovery

Mistake: Staking claims without actual mineral exposure or sufficient evidence of economic viability.
Solution: Document your discovery with photos, samples, and descriptions. Consult with geologists if needed.

3. Improper Monumenting

Mistake: Using inadequate monuments or failing to mark boundaries clearly.
Solution: Use durable materials (metal posts, rock cairns), follow state specifications, and include all required information on monument tags.

4. Inaccurate Legal Descriptions

Mistake: Providing vague or incorrect legal descriptions that don't allow others to locate the claim.
Solution: Use precise PLSS descriptions (township, range, section) and tie to known survey points. GPS coordinates help but aren't sufficient alone.

5. Missing Filing Deadlines

Mistake: Confusing state-specific deadlines or missing the 90-day BLM deadline.
Solution: Create a filing calendar with reminders. Consider hiring professionals for large claim blocks to ensure nothing slips through the cracks.

The Value of Professional Claim Staking Services

While individuals can stake claims independently, professional land services provide critical advantages:

• Regulatory Expertise: Ensures compliance with federal, state, and county requirements
• Accurate Documentation: Professional-grade maps, legal descriptions, and location certificates
• Deadline Management: Systematic tracking and timely filing with all agencies
• Volume Efficiency: High-volume documentation capabilities for large claim blocks
• GIS Integration: Precise mapping and spatial analysis to optimize claim layouts
• Risk Reduction: Avoids costly errors that can invalidate claims or delay projects

For exploration companies staking dozens or hundreds of claims simultaneously, professional services become essential for maintaining project momentum and ensuring every claim is properly perfected.

Maintaining Your Claims

Staking the claim is just the beginning. Annual maintenance is required to keep claims in good standing:

Annual Maintenance Fee Payment

Pay $200 per claim by September 1 each year. The BLM sends courtesy notices but ultimate responsibility lies with the claimant. Set automated reminders.

Small Miner Waivers

If you qualify (10 or fewer claims nationwide), you can request a waiver of maintenance fees by filing an affidavit certifying you've completed required assessment work. The affidavit must be filed with both the county and BLM by the annual deadline.

Assessment Work

Even if paying maintenance fees, document any work performed on claims. This supports the validity of your discovery and demonstrates continued development efforts, which can be important if claims are challenged.

Conclusion: Precision Matters in Claim Staking

Mining claim staking is a highly procedural process where small errors have large consequences. Miss a filing deadline by one day, and your claim is forfeited. Use an incorrect legal description, and your claim location is void. Fail to properly monument, and competing claimants may overlap your ground.

The upfront investment in proper claim staking—whether through careful self-education or professional services—is minimal compared to the value of securing and maintaining valid mining claims on promising mineral ground.

Need help with mining claim staking and documentation? Contact ChoraQuest for professional claim staking services. We specialize in high-volume claim documentation, ensuring your claims are properly located, filed, and maintained—so you can focus on exploration and development.