Can I rockhound in a national forest?
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Yes, in most national forests, within limits. The Forest Service's Rockhounding Guide (FS-1091, June 2017) tells collectors to "Only remove small reasonable amounts of material for personal use," says "No mechanical equipment may be used," and says "Hobby specimens may only be collected for personal use and cannot be bartered or sold" [1]. Common lapidary material such as agate, jasper, obsidian and geodes falls under the agency's free-use rules, artifacts may never be removed, and rules vary by ranger district, so the district office has the final word [1][2]. This page sets out each rule with its source and shows what to ask the district before you go.
The Forest Service rules in one table
| Material | Rule | Source |
|---|---|---|
| Common lapidary materials: "Agates, jaspers, obsidian, chert, chalcedony, geodes and thundereggs, quartz crystals, and common igneous, metamorphic, and sedimentary rocks" | Free use, "Limited quantities," under 36 CFR 228 Subpart C | FS-1091 [1] |
| Petrified wood | Free use for "amateur collectors and scientists" taking "limited quantities of petrified wood for personal use"; "The material taken may not be bartered or sold" | 36 CFR 228.62(e) [3]; FS-1091 [1] |
| Common invertebrate and plant fossils | "Casual collection of common and abundant invertebrate and plant fossils for personal use may be allowed without a permit" if the conditions in 36 CFR 291 are met | FS-1091 [1] |
| Artifacts | "Prehistoric, historic, and archaeological resources may not be disturbed or removed from Federal lands"; 36 CFR 261.9(h) | FS-1091 [1]; 36 CFR 261.9 [2] |
| Meteorites | "are not available for collecting and are subject to the Antiquities Act" | FS-1091 [1] |
| Gold and other locatable minerals | Prospecting under the mining laws; plan of operations depends on the equipment | FS-1091 [1] |
The daily and yearly petrified wood limits in 43 CFR 3622.4 are an Interior Department rule for BLM and Reclamation land. The Forest Service is in the Department of Agriculture and handles petrified wood under its own free-use rule, which sets no pound figure, so do not assume the Interior numbers apply in a national forest; ask the district. The Interior rule is on petrified wood on public land.
The three regulations behind the guide
36 CFR 228, Subpart C (mineral materials). This is the subpart FS-1091 cites for lapidary materials and petrified wood, which it groups under a "Free Use Permit" with "Limited quantities" [1]. The subpart defines mineral materials to include petrified wood (228.42) and sets out sales and free use [3]. Free use in general goes to settlers, miners, residents and prospectors, and to government agencies and nonprofit groups, for uses other than commercial purposes, resale or barter, and "No mineral material may be removed until the permit is issued" (228.62(d)) [3]. Paragraph (e) is the petrified wood rule: a free-use permit lets "amateur collectors and scientists" take "limited quantities of petrified wood for personal use," "The material taken may not be bartered or sold," and "Free-use areas may be designated within which a permit may not be required," with removal subject to the rules posted there [3]. The regulation sets no pound figure, so the district's permit or posted rules give the quantity. Larger amounts, or material for sale, are a mineral materials sale handled by the district at not less than appraised value (228.59) [3].
36 CFR 261.9 (property). The section opens "The following are prohibited:" and its list includes "Damaging any natural feature or other property of the United States" (paragraph (a)), "Removing any natural feature or other property of the United States" (paragraph (b)), and, for archaeology, "Removing any prehistoric, historic, or archaeological resource, structure, site, artifact, property" (paragraph (h)) [2]. Paragraph (i) adds a ban on "removing any cave resource for commercial purposes" and on excavating, damaging or removing cave resources without a special use authorization [2]. The rockhounding allowance in FS-1091 is the agency's statement of what it does authorize for hobby collectors; outside it, 261.9 is the rule you would be charged under. Forest officers may authorize otherwise prohibited acts by special use authorization, contract or approved operating plan (261.1a), and a violation of Part 261 carries up to six months' imprisonment, a fine under 18 U.S.C. 3571, or both, unless another law provides otherwise (261.1b) [2].
36 CFR 291 (paleontological resources). The guide cites this part for casual fossil collecting and refers readers to the Forest Service paleontology brochure, FS-1058, for details [1]. Part 291 defines casual collecting, sets its weight limit and closed areas (291.5, 291.12), and says fossils from National Forest System land "cannot be sold" (291.11(g)) [4]. The limits themselves have their own page: collecting fossils on public land.
The rockhound etiquette rules
FS-1091 lists etiquette rules that are, in effect, the conditions of the hobby allowance [1]:
- "Only remove small reasonable amounts of material for personal use."
- "No mechanical equipment may be used."
- Fill all excavation holes and leave minimal surface disturbance.
- Do not use blasting materials or firearms in collecting areas.
- Leave collecting areas free of litter.
- Respect private property and avoid trespassing.
- Notify the nearest Forest Service office about mineral resources on public land that should be protected.
The guide adds that state or local permits may also be needed, depending on location and land ownership [1].
Panning, sluicing and dredging
Recreational gold work is where rockhounding meets the mining laws, and the Forest Service sorts it by equipment. FS-1091's table says a plan of operations is "generally not required" for "Low-impact activity with little surface disturbance (e.g., gold panning, hand collection of gems, minerals, and rocks. Metal Detecting.", that a plan "may be required" for a small sluice or rocker box with a shovel, a suction dredge up to 4 inches or a high-banker, and a power sluice or dredge "with an intake nozzle over 4-inches in diameter," and that a plan is "required" for "motorized earth-moving equipment" [1]. The guide does not use the term "notice of intent," and it does not explain how the table fits with the etiquette line banning mechanical equipment. The safe course is to treat hand tools and pans as rockhounding and anything else as prospecting that you clear with the district first. The equipment comparison across all land managers, with the dredge threshold, is on which tools you may use on public land.
Two more cautions from the guide: collecting must not conflict with existing permits, leases, claims or sales, and precious metal prospecting with a detector "is not allowed on mining claims without the claimant's permission" [1]. Claims are common in gold country; see mining claims: how to check and what they mean for you.
Wilderness, monuments and special areas
FS-1091 is direct about this: "In national monuments, wilderness areas, and other special or protected areas, collecting may or may not be allowed" [1]. There is no national answer, so check with the district or the monument office for the specific area.
Why the answer differs by ranger district
National forests are run locally, and the guide leaves the details to the district. FS-1091 says specific rules may be in effect for designated collection areas and to "check with local ranger district office for information," and it singles out the eastern forests: "Check in with your local ranger district for rules regarding rockhounding and prospecting on National Forest System lands east of the Mississippi River" [1].
Questions to ask the district
When you call or visit the ranger district office, ask:
- Is rockhounding allowed in the area I plan to visit, and are there forest orders or closures?
- Is it wilderness, a monument or another special area?
- What does the district consider a small reasonable amount of the material I am after?
- Do I need a free-use permit for petrified wood or other mineral material?
- Are there active mining claims, leases or mineral sales in the area?
- Are there known archaeological sites I should stay away from?
- If I want to pan, sluice or detect, do I need a plan of operations or any state permit?
Write down the date, the name of the person you spoke with, and what they said. Keep it with your field notes.
Selling what you collect in a national forest
The guide's line is plain: hobby specimens "cannot be bartered or sold" [1]. Material for sale is commercial mineral activity, handled under the mining and mineral materials laws, not under the rockhounding allowance [1]. If you want to sell, see selling material collected on public land and permits to collect for sale.
Planning the trip once the district says yes
With the district's answer in hand, the remaining work is logistics: roads, season, water and what to bring. That is on planning a collecting trip.
References
- USDA Forest Service, Minerals and Geology Staff, *Rockhounding Guide*, FS-1091, June 2017. https://www.fs.usda.gov/media/229394
- eCFR, 36 CFR Part 261, Prohibitions (sections 261.1a, 261.1b and 261.9), up to date as of October 7, 2026, read October 22, 2026. https://www.ecfr.gov/current/title-36/chapter-II/part-261
- eCFR, 36 CFR Part 228, Subpart C, Disposal of Mineral Materials (sections 228.42, 228.59 and 228.62), up to date as of August 24, 2026, read October 22, 2026. https://www.ecfr.gov/current/title-36/chapter-II/part-228
- eCFR, 36 CFR Part 291, Paleontological Resources Preservation (Forest Service), source 80 FR 21630, April 17, 2015, read October 22, 2026. https://www.ecfr.gov/current/title-36/chapter-II/part-291







