43 CFR 3715: living on or fencing a mining claim needs BLM review first, and non-mining uses are prohibited
recordconfirmed
BLM's use-and-occupancy rules (43 CFR subpart 3715) limit use of mining claims to what is 'reasonably incident' to prospecting and mining. Occupancy (living on site, structures, watchmen) beyond 14 days in 90 requires ongoing, observable mining work, BLM consultation and BLM's determination before it begins. Prohibited acts include uses not reasonably incident to mining, fences or gates that shut out the public without BLM approval, and blocking public passage by force or intimidation.
In plain termsNo claimant may fence off a claim, build on it or keep people out without BLM's approval, or use it for non-mining purposes. These rules apply to anyone who occupies, fences or restricts access to a claim on public land that BLM manages; they do not cover state or private land, even where the United States kept the minerals.
- 43 CFR Part 3710, Subpart 3715: Use and Occupancy Under the Mining Laws (2024 edition) (U.S. Government Publishing Office (govinfo), 2024-10-01) primary government “limiting such use or occupancy to that which is reasonably incident”
In tabs: Mining Claims, Public Process