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
| BLM office | BLM Montana/Dakotas State Office, Billings |
|---|---|
| Federal fee | BLM 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 year | Where 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 locations | Boundaries 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. |
| Transfers | Signed and notarized, filed with both the county and the BLM, per the BLM’s Montana guidance. |
| Permits and reclamation | Montana 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 claimed | Gold, 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
- Check each claim on the BLM’s records system. How to check a claim.
- Check the county clerk’s record for the certificate of location and any work affidavits.
- List any DEQ license, permit or bond tied to the ground.
- Agree the structure and terms in writing.
- Every claimant of record signs and notarizes the deed; it is filed with the county.
- 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.
- 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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