State guides › New Mexico
How to stake a mining claim in New Mexico
Lode and placer claims on federal land in New Mexico follow the federal mining law and NMSA 1978, 69-3-1 to 69-3-32. Here is what New Mexico requires, from discovery to the annual filings.
Lay out a New Mexico 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 written notice in a conspicuous place on the claim (NMSA 69-3-1(A)).
- Mark the location on the ground by four substantial posts or monuments, one at each corner, so the boundaries can be readily traced (NMSA 69-3-1(A), 69-3-10).
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 at a designated corner of the claim (NMSA 69-3-1(B)).
- Mark each corner with a post at least 4 feet high securely set in the ground, or a substantial stone monument (NMSA 69-3-1(B)).
Monument markings
Mark each monument with the name of the claim and the number of the corner. Monument types New Mexico accepts:
- post at least 4 feet high, securely set in the ground
- substantial stone monument
- capped (closed-top), unperforated metal post at least 4 feet high, securely set in the ground
The notice or certificate of location
The filed notice states the claim name, the owner's name and current mailing address, whether lode or placer, the date of location, the section and quarter section, township and range, and includes a map (NMSA 69-3-1(C)). A placer notice also states the kind of material for which it is located.
Recording with the County Clerk
Within 90 days after the date of location (the date of posting), file the notice of location, with a map, with the County Clerk (NMSA 69-3-1(C)).
Fees: $25 per document (NMSA 14-8-15).
Notarization
NMSA 14-8-5 lets location notices be recorded without acknowledgment if signed by the locator, but 14-8-4 has since been amended and some counties return mining documents that are not notarized, so acknowledging the notice is recommended.
Document format
- No statewide margin rule; counties ask for at least 1½ inches at the top and bottom of each page, a clear title, and complete notary information.
Claim map
File with the notice a USGS topographic map (or copy) showing the claim, or a narrative or sketch tied to a topographic, hydrographic or man-made feature, accurate enough to locate the claim on the ground, no larger than 8½ × 14 inches. Several claims in the same area may share one map (NMSA 69-3-1(C)(6)).
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
Before December 31 each year after the year of location, file with the County Clerk a notice of intention to hold or an affidavit of assessment work, even if you pay the BLM fee; otherwise you bear the burden of proof in any contest (NMSA 69-3-12.1).
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 New Mexico
- The date of posting is the date of location.
- The filed notice needs the OWNER's current mailing address and a map no larger than 8½ × 14 inches.
- Lode claims need only four corner posts; placer corner posts must be at least 4 feet high.
- If a discovery or drill hole 10 feet or deeper hits water or gas, it must be plugged and reported (NMSA 69-3-6, 69-3-7).
- Annual county filing every year, before December 31.
Sources
- NMSA 69-3-1 (location, notice, map)
- NMSA 69-3-12.1 (annual filing)
- New Mexico Bureau of Geology: mining claims