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How to stake a mining claim in South Dakota
Lode and placer claims on federal land in South Dakota follow the federal mining law and SDCL 45-4. Here is what South Dakota requires, from discovery to the annual filings.
Lay out a South Dakota 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.
- Erect a monument at the place of discovery and post on it a notice with the name of the lode, the locator, the date of discovery, and the feet claimed in length on either side of the discovery and in width on each side of the lode (SDCL 45-4-2).
- Mark the surface boundaries with eight substantial posts, hewed or blazed on the sides facing the claim, plainly marked with the name of the lode and the corner, end or side they represent, and sunk in the ground: one at each corner, one at the center of each side line and one at each end of the lode. In rock, set them in stone monuments (SDCL 45-4-3).
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 a notice in a conspicuous place on each claim (43 CFR 3832.11).
- South Dakota has no statute for placer monuments (Pete Lien & Sons v. Zellmer, 2015 S.D. 30), but federal law requires the corners to be monumented and a notice posted on each claim. Setting eight posts, as for a lode, is the conservative practice BLM describes.
Monument markings
Mark each monument with the name of the claim and the corner, end or side the post represents. Monument types South Dakota accepts:
- substantial wooden post, hewed or blazed on the sides facing the claim, sunk in the ground
- post set in a stone monument (rocky ground)
- capped (closed-top), unperforated metal post sunk in the ground, marked on the sides facing the claim
The notice or certificate of location
The certificate states the name of the lode, the locators, the date of location, the linear feet claimed along the vein each way from the point of discovery with the width on each side of the center of the vein, the general course, and a description by reference to a natural object or permanent monument (SDCL 45-4-4). One location per certificate.
Recording with the Register of Deeds
Within 60 days after discovery, record an acknowledged location certificate with the Register of Deeds (SDCL 45-4-4, 43-28-8). A lode certificate missing a required item is void.
Fees: $30 per document (SDCL 7-9-15, 45-4-7).
Notarization
The certificate must be acknowledged to be recorded (SDCL 43-28-8).
Document format
- White paper 8½ × 11 to 8½ × 14, black ink, type at least 10 point (SDCL 43-28-23).
- A blank space at least 3 inches high at the top of page 1: the right half for the Register of Deeds, the left half for the preparer; all other margins at least 1 inch; the title displayed below that space.
- A "Prepared by" legend with the preparer's name, address and telephone number (SDCL 7-9-1). No Social Security or account numbers.
Claim map
South Dakota does not require a map; BLM Montana-Dakotas asks that the certificate and map be recorded with the county.
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
By December 30 each year, even if you pay the BLM fee, record an affidavit of labor or of compliance with federal law with the Register of Deeds ($30 plus 25 cents per claim) (SDCL 45-4-23).
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 South Dakota
- The 60-day recording clock runs from DISCOVERY, not location.
- Lode claims need eight posts (corners, side centers and end centers) plus a discovery monument.
- A lode certificate missing any required item is void; it must be acknowledged before a notary.
- Each document needs a "Prepared by" legend with name, address and telephone number.
- Counties may elect a lode width narrower than 300 feet on each side; check with the county.
- An annual county affidavit is due by December 30 every year.