Fact mine-023
newrecordconfirmed 43 CFR 3715: living on or fencing a mining claim needs BLM review first, and non-mining uses are prohibited
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 termsEven a genuine miner cannot fence off a claim, build on it or keep people out without BLM's say-so, and cannot use it for non-mining purposes. If anyone uses claim markers to block a public road or keep people away for a non-mining project, these are the rules that apply.
- 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”