How to Stake a Mining Claim: Complete Step-by-Step Guide (2025)

Staking a mining claim is the process of legally establishing your exclusive rights to mine minerals on public BLM land. It's governed by the 1872 Mining Law and requires precise procedures to be valid. This comprehensive guide walks you through every step.

Before You Start: Know This

Staking a claim is time-consuming and requires significant fieldwork, GPS equipment, and legal documentation. For most people, buying an existing verified claim is faster, easier, and more reliable than staking from scratch.

Step 1: Find Open BLM Land

Before you can stake a claim, you need to find land that's:

Open for mineral entry (managed by the BLM)
Not currently claimed by someone else
Not withdrawn from mineral entry (national parks, wilderness areas, etc.)

How to Find Open Ground

Use the BLM LR2000 Database

Search for existing claims in the area you want to prospect. Any land NOT covered by an active claim may be open.

Check BLM Surface Management Maps

Use the BLM's online mapping tools to identify public land and areas withdrawn from mineral entry.

Visit the Local BLM Field Office

BLM staff can help confirm whether specific parcels are open for mineral entry.

Physically Visit the Site

Look for existing claim markers or location notices that may not yet be in the BLM database.

Pro Tip: Most gold-rich areas in California are already claimed. Finding truly open ground with good gold potential is extremely rare. This is why buying an existing claim is often the better option.

Step 2: Mark the Claim Boundaries

Once you've found open ground, you must physically mark the claim boundaries according to BLM regulations.

Placer Claim Requirements

Placer claims (surface gold in creeks, rivers, or dry washes) can be up to 20 acres per claim. You must:

•Mark all four corners with wooden posts or cairns (rock piles)
•Post a location notice at the discovery point (where you found minerals)
•Record GPS coordinates for all corners (highly recommended)
•Ensure markers are visible and accessible

Lode Claim Requirements

Lode claims (for gold in quartz veins or hard rock) are limited to 1,500 feet long by 600 feet wide. Requirements are similar to placer claims but follow the vein of mineral.

What to Write on the Location Notice

Your location notice (posted at the discovery point) must include:

Name of the claim (e.g., "Golden Eagle #1")
Your name and address (the claim locator)
Date of location (the day you staked the claim)
Legal description of the claim location (township, range, section)
Approximate acreage
GPS coordinates of all corners

Step 3: Record with the County

Within 90 days of staking your claim, you must file a location certificate with the county recorder's office where the claim is located. This is a legal requirement to establish your claim.

What to Include in Your Location Certificate

Your location certificate should be a formal, typed document that includes:

•All information from your location notice (name, date, your info, etc.)
•A metes and bounds description (legal boundary description)
•GPS coordinates for all four corners
•A map or sketch showing the claim boundaries
•Your notarized signature

Filing Fee: Expect to pay $10-$50 to the county recorder (varies by county). They'll stamp your document, assign a book and page number, and return a certified copy to you.

Critical: If you miss the 90-day deadline, your claim is invalid and anyone can re-stake it. Set a reminder!

Step 4: File with the BLM

After recording with the county, you must file a copy of your location certificate with the BLM. This registers your claim in the federal database and assigns you a BLM serial number.

BLM Filing Requirements

Deadline: 90 Days from Location Date

File Form 3830-1 (Notice of Location) with the BLM State Office in Sacramento.

Filing Fee: $40 per claim

One-time fee to register the claim with the BLM.

The BLM will review your filing, assign a serial number, and add your claim to the LR2000 database. This process can take several weeks.

Step 5: Pay Annual Maintenance Fees

To keep your claim active, you must pay the BLM $200 per claim per year before September 1st of each year. Alternatively, you can file a Small Miner Waiver if you perform $100 worth of assessment work (maintenance, trail building, sampling, etc.).

For more details, see our complete guide: Mining Claim Fees and Annual Costs Explained.

Miss a Payment = Lose Your Claim

If you fail to pay the annual maintenance fee or file a waiver, your claim is automatically forfeited and becomes open for anyone else to stake. The BLM does NOT send reminders.

Why Most People Buy Instead of Stake

While staking your own claim might sound appealing, the reality is:

Challenges of Staking

• Nearly all prime gold ground is already claimed

• Requires GPS equipment, surveying skills, and field work

• Legal paperwork is complex and deadline-sensitive

• No guarantee the claim will have any gold

• Time-consuming (weeks to months)

• Risk of claim jumpers or boundary disputes

Benefits of Buying

• Claim is already verified and active

• Located on proven gold-bearing ground

• Complete documentation provided

• Start prospecting immediately

• Professional photos and GPS coordinates included

• Support through the transfer process

Browse Verified Claims Ready to Mine

Skip the hassle and start prospecting on proven gold ground. Our claims are located on California's richest gold rivers and come with complete documentation, professional photos, and GPS coordinates.

View Available Claims Read the Buying Guide

Frequently Asked Questions

Can I stake a claim anywhere?

No. You can only stake claims on BLM-managed public land that's open for mineral entry. National parks, wilderness areas, private property, and lands withdrawn from mineral entry are off-limits.

How big can my claim be?

Placer claims (surface gold) can be up to 20 acres per claim. Lode claims (hard rock veins) are limited to 1,500 feet long by 600 feet wide.

Do I need to prove there's gold before staking?

Yes. You must make a "discovery" — find minerals in quantities that would interest a reasonable person. Simply staking random ground without finding gold is not valid under the 1872 Mining Law.

Can I stake multiple claims?

Yes. There's no limit to how many claims you can stake, but you must pay the $200 annual maintenance fee for each one.

What happens if someone challenges my claim?

Boundary disputes and claim jumping are real risks. If someone contests your claim, you may need to provide evidence of proper staking, recording, and discovery. This is one reason buying a well-documented claim is safer.

How to Stake a Mining Claim in California