Claim owners · Montana

Selling mining claims in Montana

Montana claims are filed with the BLM Montana/Dakotas State Office in Billings and recorded with the county clerk. Montana’s county deadlines are shorter than in many states: 60 days after posting to record a new location, and 90 days after the federal work year to record an annual work affidavit.

Before you sell

What to check for Montana claims

Rules and offices for mining claims in Montana
BLM officeBLM Montana/Dakotas State Office, Billings
Federal feeBLM maintenance fee of $200 per lode claim, or per 20 acres of placer, by September 1 each year, or a small miner waiver if you hold 10 or fewer claims.
County filing each yearWhere annual work was required, an affidavit of the work filed with the county clerk within 90 days after the federal work period ends (MCA 82-2-103). A missing affidavit raises a presumption of abandonment.
New locationsBoundaries marked within 30 days of posting and a certificate of location recorded with the county clerk within 60 days of posting (MCA 82-2-101, 82-2-102). The statute does not call for a map, but the BLM’s Montana guidance lists one; ask the county clerk. A copy goes to the BLM within 90 days.
TransfersSigned and notarized, filed with both the county and the BLM, per the BLM’s Montana guidance.
Permits and reclamationMontana DEQ Hard Rock Mining program: exploration licenses, operating permits and small miner exclusion statements, each with reclamation bonding. DEQ permits are handled separately from the claim sale.
Commonly claimedGold, silver, copper, molybdenum, platinum-group metals and garnet.

Rules and fees change. Confirm them with the BLM and the county recorder before relying on them.

How a sale of Montana claims usually works

  1. Check each claim on the BLM’s records system. How to check a claim.
  2. Check the county clerk’s record for the certificate of location and any work affidavits.
  3. List any DEQ license, permit or bond tied to the ground.
  4. Agree the structure and terms in writing.
  5. Every claimant of record signs and notarizes the deed; it is filed with the county.
  6. File the recorded deed with the BLM state office, with a processing fee per claim for each new owner. The BLM does not recognize the buyer until the transfer is filed, and keeps treating the seller as the owner of record.
  7. Agree who pays the next September 1 BLM fee.

Things that trip up Montana sellers

  • Recording late is not automatically fatal in Montana, but it is risky: someone else can locate the ground first.
  • A DEQ bond does not move with the deed; it is released or replaced through DEQ.

Sources: MCA 82-2-102; MCA 82-2-103; BLM Montana mining claims packet (2026); BLM, 2027 mining claim season fees; 43 CFR part 3833 (recording and transfers). General information, not legal advice.

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