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How to stake a mining claim in Montana
Lode and placer claims on federal land in Montana follow the federal mining law and MCA 82-2-101 to 82-2-115. Here is what Montana requires, from discovery to the annual filings.
Lay out a Montana claim on the map
Lode claims
A lode claim may be up to 1,500 feet long and 600 feet wide (300 feet on each side of the middle of the vein), with parallel end lines.
- Post the notice conspicuously at the point of discovery; the date of posting is the date of location (MCA 82-2-101).
- Within 30 days after posting, set a monument at each corner or angle, marked with the name of the claim and the corner's number or cardinal point (MCA 82-2-101). Monuments that are sufficient on their face: a tree at least 8 inches in diameter blazed on four sides; a post at least 4 inches square by 4½ feet long set 1 foot in the ground with a mound of earth or stone 4 feet across and 2 feet high; a stone at least 6 inches square by 18 inches long set two-thirds in the ground with a similar mound; or a boulder at least 3 feet above the ground on its upper side.
Placer claims
Placer claims are 20 acres per locator, up to 160 acres for an association of 8, described by aliquot parts of at least 10 acres and complete lots.
- Post the notice conspicuously at the point of discovery; the date of posting is the date of location (MCA 82-2-101).
- Same as lode claims (MCA 82-2-101).
Monument markings
Mark each monument with the name of the claim and the designation of the corner (by number or cardinal point). Monument types Montana accepts:
- post at least 4 inches square by 4½ feet long, set 1 foot in the ground and surrounded by a mound of earth or stone at least 4 feet in diameter and 2 feet high
- tree at least 8 inches in diameter, blazed on four sides
- stone at least 6 inches square by 18 inches long, set two-thirds in the ground, with a mound of earth or stone at least 4 feet in diameter and 2 feet high
- boulder at least 3 feet above the natural surface of the ground on its upper side
The notice or certificate of location
The certificate states the claim name and whether lode or placer, the locators and their post office addresses, the date of location, a description with reference to a natural object or permanent monument and the section, township and range, and the directions and distances from the discovery point that describe the claim (MCA 82-2-102). It must be verified under oath by a locator or an authorized agent; an agent states the agency in the affidavit.
Recording with the County Clerk and Recorder
Within 60 days after posting the notice, record a verified certificate of location with the County Clerk and Recorder (MCA 82-2-102).
Fees: $20 for the first page and $10 for each additional page (MCA 7-4-2631, 7-4-2632, as of October 1, 2025).
Notarization
The certificate must be verified under oath before an officer authorized to administer oaths, by a locator or an authorized agent (MCA 82-2-102(2)). County clerks administer oaths free of charge.
Document format
- Blue or black ink on white 8½ × 11 or 8½ × 14 paper.
- Margins clear of all markings: at least 3 inches at the top of page 1 and 1 inch at the top of later pages, 1 inch at the bottom and ½ inch on the sides.
- The return name and mailing address in the upper left corner of page 1 (MCA 7-4-2636). Non-conforming documents cost $10 more.
Claim map
Montana law does not require a map, but BLM Montana-Dakotas tells claimants to record the certificate and map with the county; several certificates filed together may share one map.
Filing with BLM
Within 90 days of location, file a copy of the recorded notice, a map, and the processing, location and initial maintenance fees ($274 per lode claim or per 20 acres of placer, as of October 11, 2026) with the BLM State Office or online in MLRS.
Every year
If you pay the BLM maintenance fee there is no Montana county filing. If you do assessment work, record an affidavit within 90 days after the end of the assessment year (about November 30) (MCA 82-2-103).
Federally, pay the $200 maintenance fee per claim by September 1, or file a small miner waiver and the annual affidavit or notice of intent to hold by December 30.
What is different in Montana
- Monuments are due within 30 days and recording within 60 days of posting, both earlier than BLM's 90 days.
- The certificate must give directions and distances from the discovery point, for placer claims too.
- The certificate must be sworn (verified), and an agent must state the agency.
- Filing a certificate for a claim not actually located on the ground is a felony (MCA 82-2-115).
- Before mechanized disturbance, notify the surface owner with a map (Landowner Notification Act, MCA 82-2-301 to 82-2-306).
Sources
- MCA Title 82, Chapter 2, Part 1
- MCA 7-4-2636 (recording format)
- BLM Montana-Dakotas mining claim packet (2026)