Mining and Quarrying - Frequently Asked Questions
- Q1. Is there any current mining or quarrying activity in Maine?
- Q2. What are the primary products of Maine's mines and quarries?
- Q3. Are there State laws and regulations controlling excavation, mining, and quarrying?
- Q4. What is "aggregate"?
- Q5. Do gravel pits need to be registered with the Department of Environmental Protection (DEP)?
- Q6. Where can economic sand and gravel deposits be found?
- Q7. Do valuable gems occur in Maine?
- Q8. What government agencies enforce regulation of metallic mineral exploration and mining in Maine?
- Q9. Do I need permission of the landowner to look for mineral deposits?
- Q10. If I discover a mineral deposit does it belong to me?
- Q11. Does Maine allow mining in State Parks and other State-owned land?
- Q12. How do I stake a mining claim in Maine?
Note: The information on this page is intended for general guidance only. Anyone seeking legal advice should consult a qualified attorney.
While there are no metallic mineral mines currently in production, other geologic natural resources are being excavated at many places across Maine. According to the U.S. Geological Survey, the estimated value of mineral production for Maine in 2018 was $98.5 million.
The principal resources being extracted from the ground in Maine today are sand, gravel, and crushed stone, referred to collectively as "aggregate." Granite and slate production continues at a steady rate, now used more for specialty products than for building construction. Irregular, rough fieldstone or "flat rock" that is used for landscaping projects, may be extracted from glacial deposits or, increasingly, from shallow quarries. The long-stable lime industry continues to be an important part of the Thomaston-Rockland area economy, with large reserves remaining. Gemstones, both for supplying the jewelry industry and for private collectors, are still being produced by several small operators in southwestern Maine.
Yes. In addition to the general land-use regulations restricting activities that impact such areas as wetlands, beaches, dunes, water bodies, significant wildlife habitat, or other environmentally sensitive areas, there are specific Maine statutes and rules about excavation, mining, and quarrying. Details and links to further information can be found through the Mining page of the Maine Department of Environmental Protection, and Land Use Standards (Chapter 10, Chapter 13) of the Land Use Planning Commission.
In the minerals industry, aggregate refers to a bulk material made up of individual particles or fragments. Sand and gravel and crushed stone are the most common aggregate materials in Maine. In recent years, sand and gravel have accounted for about 70% of aggregate production statewide, with crushed stone accounting for the remaining 30%. Aggregate is used for many construction purposes, including road and building foundations, fill, surface drainage systems, and asphalt road surface material.
Q5. Do gravel pits need to be registered with the Department of Environmental Protection (DEP)? Back
Well, it depends. Current regulations require "borrow" pits with 5 acres or more of active area to be registered (with a few exceptions). Smaller excavations for sand, gravel, or fill, or inactive pits generally do not need to be officially registered with the State. But excavations less than 5 acres in size for clay, topsoil or silt must be operated in accordance with certain standards to ensure environmental protection. For a general description of the registration system for gravel pits and similar surface excavations, see the Issue Profile at the DEP web site. For more complete information, including a map of mine sites currently licensed by the DEP, see the links on the DEP's Mining Page. Keep in mind that DEP regulations do not apply in unorganized townships, which are under the jurisdiction of the Land Use Planning Commission, and that local ordinances may have additional, more stringent requirements.
Much of the sand and gravel used for construction purposes in Maine was deposited by water melted from glaciers. If possible, water runs downhill so most gravel deposits are found in valleys and other lowlands where they were laid down in glacial outwash streams, glacial lakes, or the ocean. Ice-tunnel deposits (eskers) are notable exceptions. Some of these ridges of sand and gravel, deposited in confined subglacial tunnels, climb up hillsides and pass through elevated gaps in the hills. Surficial geologic maps are a useful guide to where geologists have found sand and gravel resources on land.
Sand and gravel deposits are also present on the coast, in Maine's beach and dune systems, and offshore on the sea floor. Due to significant environmental restrictions or logistical constraints these are not economically available resources.
Precious gems such as diamonds, rubies, and emeralds are not native to Maine, but some very nice semi-precious gemstones have been found here. They include the gem varieties of quartz (colorless, rose, smoky, and amethyst), beryl (as blue aquamarine and pink morganite), and tourmaline (pink, green, blue, and multicolored). Deep red garnet crystals sometimes contain clear areas that are suitable for faceting, but usually yield only very small gems.
Tourmaline is the official State Mineral of Maine, and the most valuable and highly sought-after gem material that can be found here. Gem tourmaline has been mined in Maine since the 1820's, and the oldest location (Mt. Mica in Paris Hill) is still producing today. Tourmaline is actually a group of minerals having various colors and compositions. The black iron-rich schorl is most common in Maine. It may form sharp crystals but is not a suitable gem material. The species called "elbaite" is very colorful, but only a small percentage has the desired transparency for gem cutting. Many jewelry stores sell tourmaline from other parts of the world besides Maine, so you may want to get a written guarantee of the source if you want only authentic Maine tourmaline. See the Tourmaline Fact Sheet for more information on this mineral.
Q8. What government agencies enforce regulation of metallic mineral exploration and mining in Maine? Back
For those areas of Maine which are in organized towns and cities, the primary responsibility for enforcing environmental regulations rests with the Department of Environmental Protection (DEP), as administered through their various rules. In the Unorganized Territory of Maine (UT), both the DEP and the Land Use Planning Commission (the LUPC) have administrative roles. The responsibilities of the two agencies with respect to metallic mineral mining in the UT changed recently because of a State Law signed in 2012, the Maine Metallic Mineral Mining Act (Public Law 2011, Chapter 653, statute 38 MRSA §490-LL et seq.) The major change in the roles of the two agencies is that the LUPC must first change the land use zoning of a specific area to make metallic mineral mining and Level C mineral exploration activities allowed uses (LUPC Chapter 12 rules). The DEP now has sole responsibility for environmental regulation, permitting, and enforcement in all areas of the state through its Chapter 200 rules.
If the land of interest happens to be owned by the State of Maine, then two other agencies of state government will be involved. The Maine Geological Survey and the Bureau of Parks and Lands share responsibility for making decisions about mineral exploration and mining activity according to Mining on State Land statutes, and various restrictions on land use activities attached to specific parcels. See Mining on State Lands for more information.
In addition to State regulations, there may be more restrictive local ordinances related to mining. Those ordinances would be administered by the city or town government.
In general, yes. All the rules of land access and trespassing apply to prospectors and mineral collectors as they do to anyone else. There are no special privileges afforded to people doing mineral exploration work without permission. In the uncommon situation where the mineral rights are owned by someone other than the landowner, then access sometimes can be complicated. In the particular case of looking for minerals on State-owned land, an exploration permit is required from the Maine Geological Survey. For private land, agreements must be reached with the landowner(s) or the owner(s) of the mineral rights, if the mineral rights are held separately. Any person conducting mineral exploration where the total exploration expenses incurred in a calendar year exceed $25,000 on private, leased or otherwise acquired lands within Maine must register with the director of the Maine Geological Survey.
Only if it is on property you own, or if you have obtained specific legal mineral rights given to you by the landowner. Ordinarily, a Maine landowner owns the land from the surface on down, unless the mineral rights have been intentionally separated from the surface ownership by legal agreement. Someone interested in mineral exploration would expect to execute a lease agreement with the landowner or the owner of the mineral rights before beginning exploration activity, in case anything of value should be discovered.
Mining is strictly prohibited in all Maine State Parks. There are other state-owned lands, however, in which exploration for mineral deposits and mining are not prohibited. These activities are limited and regulated by Statute (Title 12, Chapter 201-A, Subchapter 3).
Most of the people who ask us this question have worked in Canada, where the mineral rights belong to the Crown, or are geologists who have worked in the western US where there are large areas of federal land managed by the Bureau of Land Management. Neither of these situations apply to Maine, where ownership of mineral rights is attached to each land parcel – most of which are privately owned – and there is very little federal land. The State of Maine issues exploration permits, exploration claims, and mining leases only for the portion of Maine that is owned or held in trust by the State. For further information see Mining on State Lands.
Last updated on March 22, 2023