Claim owners · Wyoming

Selling mining claims in Wyoming

Wyoming has about 40,000 active mining claims. They are filed with the BLM Wyoming State Office in Cheyenne and recorded with the county clerk. Before selling, confirm the BLM fee or waiver is current, check that each year’s affidavit is on the county record, and list any DEQ permit or license that would need an approved transfer to the buyer.

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Before you sell

What to check for Wyoming claims

Rules and offices for mining claims in Wyoming
BLM office	BLM Wyoming State Office, Cheyenne
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	An affidavit of the assessment work done, or of the federal fee paid, recorded with the county clerk within 60 days (W.S. 30-1-115). The BLM also asks for a copy of what is recorded.
New locations	A notice posted at the point of discovery; lode claims marked with six monuments (each corner and the middle of each side line), placer claims at each corner; then a location certificate recorded with the county clerk within 90 days of discovery (W.S. 30-1-101, 30-1-103, 30-1-110). A defective certificate is void (30-1-102). A copy goes to the BLM within 90 days of location, with a map.
Transfers	Deed recorded with the county clerk, then filed with the BLM. A DEQ permit does not pass with the deed: the buyer applies and DEQ must approve the transfer (W.S. 35-11-408).
Permits and reclamation	Wyoming DEQ, Land Quality Division: a drilling notification and bond for exploration drilling, a license and bond for exploration by dozing, and a mine permit before any minerals are sold; small mines are limited to 10 affected acres a year (W.S. 35-11-401).
Commonly claimed	Bentonite, uranium and gold, with interest in rare earths, lithium and vanadium.

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

How a sale of Wyoming 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 location certificate and each year’s affidavit.
List any DEQ permits, licenses or drilling notifications and bonds tied to the ground.
Agree the structure and terms in writing.
Every claimant of record signs the deed; it is recorded with the county clerk.
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.
Apply to DEQ to transfer any permit to the buyer, and agree who pays the next September 1 fee.

Things that trip up Wyoming sellers

Paying the BLM is not enough: Wyoming also wants the county affidavit within 60 days of the work or fee payment (W.S. 30-1-115).
Missing monuments, a missing posted notice or a defective location certificate can void a claim, and the 90 days run from discovery (W.S. 30-1-101 to 30-1-103).
A DEQ permit with an unresolved violation cannot be transferred unless the buyer agrees to fix it (W.S. 35-11-408).

Sources: Wyoming Statutes title 30, chapter 1; W.S. 35-11-408 (permit transfers); BLM, mining in Wyoming; Wyoming DEQ, Land Quality Division; BLM, 2027 mining claim season fees; 43 CFR part 3833 (recording and transfers). General information, not legal advice.

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