Fossil Hunting at Hell Creek, Montana — BLM Open Land
ALLOWED
No permit required
Key Conditions
- Common invertebrate fossils (ammonites, bivalves, marine snails from the underlying Bearpaw Shale) and plant fossils including petrified wood may be casually collected — 25 lbs per day, 250 lbs per year, non-commercial (PRPA 2009 / 43 CFR Part 49)
- CRITICAL: Dinosaur bones, teeth, and tracks — and all other vertebrate material — may NOT be casually collected under any circumstances; research permit required from BLM Malta Field Office; removal is a federal felony
- Collecting applies to open BLM land only — private ranchland surrounding and interspersed with the BLM sections requires written landowner permission; trespass is common and prosecuted
- Makoshika State Park (Glendive) and the Charles M. Russell National Wildlife Refuge sections of this region have separate regulations — no fossil collecting allowed in the NWR
- Commercial sale of casually-collected fossils is prohibited — personal use only under PRPA casual-use rules
Hell Creek BLM — At a Glance
~66–68 Ma
Formation age
Allowed (25 lb/day)
Invertebrate fossils
Prohibited
Vertebrate fossils
Jordan, MT
Nearest town
Malta, MT
BLM field office
High — verify before collecting
Private land hazard
The Hell Creek Formation is why Montana became synonymous with dinosaurs. T. rex specimens found in this formation include some of the most complete ever recovered. Triceratops, hadrosaurs, ankylosaurs — the formation that records the last two million years of the Cretaceous period in North America exposed in the badlands of northeastern Montana.
All of those famous dinosaurs are vertebrate fossils under PRPA 2009, and every one of them is completely off-limits to casual collectors. What the law permits on the BLM-administered sections of this landscape is collecting from the marine sequence directly below the Hell Creek Formation — the Bearpaw Shale, which represents the shallow inland sea that preceded the river floodplains where dinosaurs lived. The Bearpaw contains ammonites in good numbers, marine clams, oysters, and gastropods that are collectible under PRPA's casual-use rules. Petrified wood is also abundant in the fluvial Hell Creek deposits and is a plant fossil under PRPA — legal to collect.
The result is a situation that confuses most first-time visitors: you are standing in what may be the most famous dinosaur fossil terrain on Earth, and the thing you can legally take home is an ammonite or a piece of petrified conifer from the Cretaceous sea that pre-dated the dinosaurs' final years.
Vertebrate fossils are a federal crime to collect — and bone is everywhere at Hell Creek
PRPA 2009 (43 CFR Part 49) makes it a federal felony to remove, alter, or disturb any vertebrate fossil from BLM land without a research permit.
Penalty for first offense: up to 5 years imprisonment and $20,000 fine. Tools and vehicles used in the collection are subject to forfeiture.
At Hell Creek, this matters more than at most BLM fossil sites because:
- Vertebrate fossil material (bone fragments, teeth, shell plates) erodes naturally to the surface throughout the entire formation
- The bone-coloured dark mudstone can obscure the difference between rock and fossil bone until you pick something up
- The PRPA penalty applies to unknowing removal as well as deliberate theft
What to do when you find bone material:
- Leave it in place — do not move, reposition, or collect it
- Photograph it with GPS coordinates
- Report to BLM Malta Field Office: (406) 654-5100, 501 S 2nd St E, Malta, MT 59538
A reported surface find can lead to a museum excavation permit being issued — your observation contributes to science without exposing you to federal liability.
What you CAN collect at Hell Creek — and where to find it
The legal collecting at Hell Creek is in the Bearpaw Shale — the marine unit that directly underlies the Hell Creek Formation and crops out in eroded areas throughout the region — and in the petrified wood scattered through the Hell Creek fluvial mudstones.
Bearpaw Shale invertebrates (legally collectible):
- Ammonites: Hoploscaphites, Baculites, and related genera; some specimens show iridescent ammolite colouration
- Marine bivalves and gastropods (clams, oysters, snail casts)
- Limit: 25 lbs/day, personal use, non-commercial
Hell Creek Formation plant fossils (legally collectible):
- Petrified wood: Cretaceous conifer and angiosperm; abundant in stream-deposit layers; some pieces preserve original grain structure
- Plant leaf impressions (less common; in fine-grained mudstone)
What is NOT collectible (vertebrate fossils):
- All dinosaur material — bone fragments, teeth, claws, skin impressions
- Turtle shell material (turtles are reptiles; shells are vertebrate fossils under PRPA)
- Crocodilian material (abundant in this formation)
- Fish scales, bones, or teeth
- Bird fossils (rare but present at K-Pg boundary)
- Any mammal remains
BLM Malta Field Office: (406) 654-5100 | 501 S 2nd St E, Malta, MT 59538
Hell Creek Area — Site-by-Site Collecting Rules
| Site | Invertebrates/Plants | Vertebrates | Access notes |
|---|---|---|---|
| Hell Creek BLM open land (Garfield Co.) | Allowed — 25 lbs/day personal use | Prohibited — research permit only | Verify BLM vs. private land before collecting; download surface management layer |
| Charles M. Russell NWR | Prohibited | Prohibited | NWR regulations prohibit all fossil collecting regardless of type |
| Makoshika State Park (Glendive) | Prohibited | Prohibited | Montana state park; all fossil collecting banned; best interpretive signage in the region |
| Private ranch land | Prohibited (trespass) | Prohibited (trespass) | Written landowner permission required; verbal permission is insufficient protection |
| Fort Peck Reservoir area (state land) | Check with MT DNRC | Check with MT DNRC | State land rules differ from BLM; contact Montana DNRC before collecting |
Land ownership in Garfield County is a checkerboard of BLM, private, state, and NWR sections. Verify current ownership at each collecting site using the BLM surface management layer or the My BLM app. Rules verified May 2026.
Getting to Hell Creek BLM — Jordan, Montana area
Road conditions in Garfield County change rapidly with weather. A site that was accessible on Tuesday may be impassable on Wednesday after a storm. Confirm current conditions with BLM Malta Field Office before departing: (406) 654-5100.
Best Times to Visit Hell Creek BLM
Spring (May–Jun)
GoodLate May through June is the best window. Temperatures are moderate (60–80°F), wildflowers occur in draws, and spring runoff erosion may expose fresh Bearpaw Shale surfaces. Early May can be muddy — confirm road conditions before driving north from Jordan. Occasional late-season snow in May at higher elevations.
Summer (Jul–Aug)
PoorNot recommended for backcountry fossil collecting. Temperatures in the open badlands regularly exceed 100°F with no shade. Afternoon thunderstorms July–August can close roads in minutes — a vehicle stuck on a clay road 40 miles from Jordan is a serious situation. If visiting in summer, stay near paved roads and carry substantial water reserves.
Fall (Sep–Oct)
GoodSecond best window. Temperatures drop to comfortable levels after the first cold front, typically in mid-September. Stable weather with excellent low-angle light for spotting surface material in gullies and badlands slopes. Roads typically solid through October. First significant snow possible in late October — check forecasts carefully for northern Montana.
Winter (Nov–Apr)
ClosedGarfield County winters are severe — temperatures reach -30°F, roads are snowbound for weeks at a time, and the remoteness of the area makes any mechanical problem or road closure a life-safety issue. Not a viable fossil hunting season. Planning time for spring trips.
Pre-trip checklist — Hell Creek BLM
- Download the BLM Garfield County surface management layer to an offline device — distinguishes BLM from private land and CMR NWR sections before you step off the truck
- Call BLM Malta Field Office to confirm current access and road conditions: (406) 654-5100
- Know the PRPA vertebrate rule before you go: bone = research permit only; photographing and reporting is the correct response to a surface find
- Carry a minimum 4 gallons of water per person in summer; fill the tank at Jordan — services do not exist in the backcountry
- Bring a field loupe (10x) to distinguish fossil bone texture (porous, spongy) from rock texture before handling material
- High-clearance 4WD vehicle — clay roads in Garfield County are impassable after even moderate rain; this is not a precaution, it is a requirement
- Check weather forecast for northeastern Montana — afternoon thunderstorms can close roads with no warning; plan to be off clay roads before 2pm in summer
Permits & Licenses
| Permit | Required? | Notes |
|---|---|---|
| Casual fossil collecting — invertebrates and plants | No | No permit required for casual collection of common invertebrate and plant fossils on BLM land under PRPA 2009. Limit: 25 lbs per day, 250 lbs per year per person, for personal non-commercial use. 'Common invertebrate fossils' under 43 CFR Part 49 are fossils that are reasonably abundant and of educational rather than unique research significance. |
| Research permit — vertebrate fossils and scientific collection | Yes | Required for any vertebrate fossil collection (dinosaur bones, teeth, tracks; fish, turtle, crocodilian, mammal remains) and for any scientific or commercial collection. Permits issued only to qualified professional paleontologists affiliated with a museum, university, or accredited research institution. Recreational collectors cannot obtain research permits. Contact: BLM Malta Field Office, 501 S 2nd St E, Malta, MT 59538, (406) 654-5100. |
Time & Seasonal Restrictions
- Vertebrate fossils: absolutely no casual collection — any bone fragment, tooth, track, or body part of any animal with a backbone (dinosaurs, fish, turtles, crocodilians, birds, mammals) requires a research permit under PRPA 2009; unauthorized removal is a federal crime
- Private land: the BLM sections in Garfield County are interspersed with private ranch holdings — do not enter private land without explicit written landowner permission; trespass laws in Montana are strictly enforced and the remote setting does not reduce prosecution risk
- Charles M. Russell National Wildlife Refuge: portions of this region fall within CMR NWR, which prohibits fossil collecting entirely — verify the land status of any site before collecting; download the BLM surface management layer for Garfield County
- Makoshika State Park (Glendive, ~100 miles east): state park land; all fossil collecting strictly prohibited by Montana state law regardless of fossil type
- 25 lb/day personal-use limit applies to total casual collection; 250 lb annual limit per person
- No excavation beyond hand tools and near-surface recovery of loose or eroding material — deep excavation into intact stratigraphy is not casual use and may destroy scientifically significant context
- Commercial sale of casually-collected fossil material is prohibited under PRPA 2009 regardless of fossil type
Equipment Notes
- Hand trowel and soft paintbrush for clearing loose mudstone sediment around exposed shells or plant material
- Rock hammer and small cold chisels — useful for separating invertebrate fossils from harder matrix in Bearpaw Shale exposures; use carefully to avoid shattering ammonite septae
- Field loupe (10x) — fossil bone has a characteristic porous internal texture; a loupe helps distinguish bone structure from rock texture before you handle material you cannot legally collect
- Camera with GPS function — photograph any vertebrate material you encounter before leaving it; the GPS record supports any report to BLM
- BLM surface management map for Garfield County (downloaded to offline device) — distinguishes BLM from private land and CMR NWR; essential for legal access decisions
- High-clearance 4WD vehicle — the backcountry roads in Garfield County are clay-based; even minor rain events make them impassable; a stuck vehicle here is a serious situation 100+ miles from services
- Minimum 4 gallons water per person per day in summer — temperatures exceed 100°F in July–August; no surface water sources in most collecting areas
What People Find Here
- Ammonites (Hoploscaphites, Baculites, and related genera) from Bearpaw Shale marine exposures — the Bearpaw is the marine unit directly below the Hell Creek Formation and crops out in many areas throughout the region; ammonites range from thumbnail-sized to 12+ inches; some specimens show iridescent ammolite colouration
- Marine bivalves and gastropods (Bearpaw Shale) — clams, oysters, and snail casts in various sizes; often concentrated in specific bedding planes; excellent collecting for quantity
- Petrified wood — abundant in the fluvial deposits of the Hell Creek Formation itself; Cretaceous conifer and angiosperm wood in various sizes; some pieces show excellent preservation of wood grain structure
- Freshwater bivalves — small clam impressions in the Hell Creek fluvial mudstones from the freshwater river and lake deposits where dinosaurs lived; less spectacular than marine ammonites but legally collectable
- Vertebrate material is widespread on the surface throughout the Hell Creek Formation and cannot be collected — do not pick up bone-textured material regardless of size; if you find exposed bone, photograph it and report to BLM Malta Field Office: (406) 654-5100
Penalties for Violations
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| Violation | Statute | Penalty |
|---|---|---|
| Casual collection of any vertebrate fossil without research permit | PRPA 2009 (16 U.S.C. § 470aaa-5); 43 CFR Part 49 | First offense: federal felony; up to 5 years imprisonment and $20,000 fine; second offense or commercial intent: up to 10 years and $100,000; collected material, tools, and vehicles used are subject to forfeiture |
| Fossil collection on private land without landowner permission | Montana trespass law (Mont. Code Ann. § 45-6-203) | Criminal trespass misdemeanor; up to 6 months imprisonment and $500 fine; civil liability for any resource damage |
| Commercial sale of casually-collected fossil material | PRPA 2009; 43 CFR § 49.810 | Federal violation; up to 2 years imprisonment and $10,000 fine |
| Fossil collection within Charles M. Russell NWR | 16 U.S.C. § 668dd (National Wildlife Refuge System Administration Act) | Federal citation; fine; confiscation of collected material and equipment |
Etiquette & Leave No Trace
- If you find vertebrate bone — leave it in place. Photograph the site with GPS coordinates and report to BLM Malta Field Office at (406) 654-5100. A report from a non-collecting visitor is what triggers proper scientific investigation; discoveries reported this way have led to museum-quality excavations
- The ranching community in Garfield County has a complicated relationship with fossil hunters — some historic fossil theft from private land has made landowners suspicious of all collectors. Ask permission at ranch gates before proceeding onto adjacent BLM sections via ranch roads, even where BLM access technically exists
- Pack out everything. There are no services, no bins, and no rangers patrolling regularly. Leaving waste at remote BLM sites is one of the documented reasons the BLM pursues permit-based management rather than open access
- Do not excavate vertebrate sites even if you intend only to look, not collect — disturbing fossil context is a separate violation from removal and carries its own PRPA penalties
Nearby Alternatives
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| Site | Distance | Notes |
|---|---|---|
| San Rafael Swell (BLM, Utah) | 750 mi | Same PRPA rules; Jurassic and Cretaceous invertebrate collection; Utah desert versus Montana badlands; Fossil Point observation site for vertebrate bones you cannot take |
Frequently Asked Questions
What fossils can I legally collect at Hell Creek BLM?
Under PRPA 2009, you may casually collect common invertebrate fossils (ammonites, marine clams, oysters, and gastropods from the underlying Bearpaw Shale; freshwater bivalves from the Hell Creek fluvial deposits), plant fossils, and petrified wood — up to 25 lbs per day, for personal non-commercial use. You may not collect any vertebrate fossil: dinosaur bones or teeth, fish, turtle shell, crocodilian material, bird remains, or mammal bones. The Hell Creek Formation is primarily a vertebrate fossil deposit — the legally collectible material here is mostly in the underlying Bearpaw Shale.
How do I tell fossil bone from rock at Hell Creek?
Fossil bone has a characteristic porous, spongy internal texture visible at weathered or broken surfaces — resembling the structure of unglazed ceramic more than stone. A field test: a dry tongue-tip touched to a weathered fossil bone surface will stick slightly due to porosity; rock will not. Bone is also typically lighter in colour than the surrounding dark mudstone and often shows a waxy or slightly shiny outer cortex. In the Hell Creek badlands, bone-textured material is present almost everywhere — if you are uncertain, treat it as vertebrate material and leave it. The penalty for taking bone you mistook for rock is the same as taking it deliberately.
Is all of the Hell Creek area open BLM land?
No, and this is the critical access issue. The BLM administers sections of land throughout Garfield, McCone, and Petroleum counties, but these are interspersed with private ranch holdings in a checkerboard pattern. Much of the publicly visible badlands terrain is actually private land. Before collecting anywhere, verify the land ownership using the BLM surface management layer for Garfield County (available as a download from the BLM or via the My BLM app). Entering private land without written permission is criminal trespass in Montana regardless of intent.
Why can't I collect T. rex bones even if I find one eroding out?
The Paleontological Resources Preservation Act 2009 (PRPA) classifies all vertebrate fossils on federal land as federal property requiring a research permit for collection or disturbance. The permit is issued only to qualified paleontologists with institutional affiliation — it is not available to recreational collectors. The law exists because large vertebrate fossils from federal land were being commercially sold for millions of dollars before PRPA passed. Finding an eroding T. rex bone does not change this; the correct response is to photograph it with GPS coordinates and report to BLM Malta Field Office at (406) 654-5100. Your report can result in a proper scientific excavation.
What is the difference between Hell Creek BLM land and Makoshika State Park?
Makoshika State Park in Glendive (~100 miles east of Jordan) also exposes the Hell Creek Formation and is a spectacular destination for viewing the badlands geology. However, Makoshika is a Montana state park where all fossil collecting — of any kind, invertebrate or vertebrate — is strictly prohibited. The BLM open-land sections near Jordan allow casual collecting of invertebrate fossils under PRPA. If your goal is observing the formation with good interpretation and signage, Makoshika is more visitor-friendly. If your goal is legal collecting, the BLM areas near Jordan are the option — but require more navigation and land-ownership verification.
When is the best time to visit for fossil hunting?
Late May through June or September through early October. Summer (July–August) brings extreme heat — 100°F+ in the open badlands with no shade — and afternoon thunderstorms that can rapidly make clay roads impassable. Spring and fall offer moderate temperatures and stable road conditions. Avoid visiting during or immediately after rain events regardless of season: the clay-based roads in Garfield County become deeply rutted when wet and can strand a vehicle miles from assistance.
Disclaimer
Information is provided for general guidance only. Regulations change frequently. Always verify current rules with the official jurisdiction before relying on this information for legal decisions. Permitted Pursuits is not a substitute for official agency guidance. Report an error.
Sources
- BLM Malta Field Office — Montana/Dakotas District(accessed 2026-05-13)
- 43 CFR Part 49 — Paleontological Resources Preservation (PRPA implementing regulations)(accessed 2026-05-13)
- BLM — Paleontology and Fossil Collection on Public Lands(accessed 2026-05-13)
- Paleontological Resources Preservation Act 2009 — 16 U.S.C. § 470aaa(accessed 2026-05-13)
- Montana Antiquities Act — Mont. Code Ann. § 22-3-421(accessed 2026-05-13)
Last verified: 2026-05-13 · Last updated: 2026-05-13