State Codes and Statutes

Statutes > Wyoming > Title18 > Chapter5

CHAPTER 5 - Planning and Zoning

 

ARTICLE 1 - COUNTY PLANNING COMMISSION

 

18-5-101. Definition of "unincorporated".

 

Asused in W.S. 18-5-101 through 18-5-107, the word "unincorporated"means situated outside of cities and towns and when used with"territory" or "areas" it means territory or areas whichare one (1) mile from the limits of a town or city having a population of twothousand (2,000) or less, two (2) miles from the limits of a town or cityhaving a population between two thousand (2,000) and three thousand (3,000) andthree (3) miles from the limits of a town or city having a population of threethousand (3,000) or over.

 

18-5-102. Powers of county commissioners.

 

Eachboard of county commissioners may provide for the physical development of theunincorporated territory within the county by zoning all or any part of theunincorporated territory.

 

18-5-103. Appointment of county planning commission; composition;powers and duties generally.

 

 

(a) To avail itself of the powers conferred by W.S. 18-5-101through 18-5-107 the board of county commissioners shall appoint a countyplanning commission. The chairman of the board of county commissioners shall bean ex officio member of the commission. Other members of the commission shallown real property situated therein. The mayors of the incorporated communitieswithin the county or their designees shall be members of the commission.

 

(b) The county planning commission shall recommend theboundaries of the various original districts and appropriate regulations to beenforced. The commission shall make a preliminary report and hold publichearings thereon before submitting its final report, and the board of countycommissioners shall not hold its public hearings or take action until it hasreceived a final report of the commission.

 

(c) The county planning commission shall use expert advice andinformation which may be furnished without cost by appropriate federal, state,county and municipal officials, departments and agencies. All state officials,departments and agencies having information, maps and data pertinent to countyplanning or zoning are directed to make the same available for the use of thecounty planning commission and to furnish other technical assistance and advicethey have available without additional cost to the county or municipality.

 

18-5-104. Duties of board of county commissioners; election forestablishment of zoning district.

 

 

(a) The board of county commissioners shall determine howregulations, restrictions and boundaries of the districts shall be establishedand enforced, and how they may be amended, supplemented or changed.

 

(b) The board of county commissioners in which the proposedzoning district is situated shall order an election to be held sixty (60) daysafter they have determined by resolution that the health, safety and welfare ofthe people in the proposed zoning district requires such protection. Theelection shall be on the question of the organization and establishment of thedistrict. The board of county commissioners shall publish notice of election,stating the purpose, describing the area and time and place of the election ina newspaper published in the county. The notice shall be inserted once weeklyfor four (4) weeks preceding the day of election. Ballots shall be prepared forthe residents of the district and the qualifications of electors shall be thesame as for general elections. The voting shall be conducted insofar aspossible in the same manner as provided by law for general elections. Theelection shall be deemed carried if the voting residents of the area approvethe same by a majority vote. If the proposed zoning district does not includeany residents the county commissioners may establish the district.

 

18-5-105. Purpose of zoning; regulation of sanitary facilities;division of county into zones; building permits required.

 

(a) The purpose of zoning is to conserve and promote the publichealth, safety and welfare of the citizens of the county. The board of countycommissioners shall provide by resolution for the regulation of sanitaryfacilities for buildings and other structures. "Sanitary facilities"means domestic water supplies, sewage disposal, rodent and insect control andthe storage, collection and disposal of garbage and refuse.

 

(b) In order to accomplish the regulation of sanitaryfacilities the board of county commissioners shall divide the unincorporatedterritory of the county into zones as recommended by the county planningcommission and shall regulate the erection, construction, reconstruction,alteration and uses of sanitary facilities to conform with the minimumrequirements established by regulations of the public health authority havingjurisdiction in each zone.

 

(c) It is unlawful to erect, construct, reconstruct, alter orchange the sanitary facilities of any building or other structure within thezone without obtaining a building permit. The building permit shall not beissued unless the plans for the proposed sanitary facilities fully conform toall regulations then in effect. No building permit shall be issued forstructures in areas not adequately served by water or sewerage systems untilthe proposed sanitary facilities have been approved by the public healthauthority having jurisdiction in the area.

 

18-5-106. Powers of county commissioners upon appeal; appeal fromcommissioners to district court and supreme court.

 

(a) The board of county commissioners has the following powersupon appeal to it from acts of the county planning commission or regulationspromulgated in accordance with W.S. 18-5-101 through 18-5-107:

 

(i) To hear and decide appeals where it is alleged there iserror in an order, requirement, decision or determination made by anadministrative official in the enforcement of W.S. 18-5-101 through 18-5-107 orany regulation adopted pursuant thereto;

 

(ii) To hear and decide exceptions to the terms of anyregulation requiring board action;

 

(iii) To authorize in specific cases a variance from theregulation when not contrary to the public welfare. The variance may be grantedwhen special conditions and a literal enforcement of the regulation results inunnecessary hardship.

 

(b) The decision of the county commissioners upon any exceptionmade may be reviewed by the district court of the county upon appeal takenthereto in the same manner as an appeal from circuit courts in civil cases. Thecounty clerk shall prepare a transcript of the case upon payment of the samefee as required for a transcript from a circuit court, and the district courtshall consider the case upon the issues shown in the transcript. At the timethe transcript is filed with the clerk of the district court, the appellantshall execute and file a sufficient bond in a penal sum of two hundred dollars($200.00) with at least two (2) sureties approved by the clerk of courtconditioned to prosecute the appeal without delay and if unsuccessful to payall costs incurred by the county because of the appeal. The appellant shallwithin three (3) days after the transcript is filed in the district court givewritten notice to the county attorney that the transcript is filed. The noticeshall state a time not less than three (3) days from the time of service whenthe appellant shall request a hearing and the district court shall at such timeor at a future time as fixed by order of the court, hear and determine theappeal. If at the hearing it appears to the court that testimony is necessaryfor the proper disposition of the matter it may take evidence or appoint a refereeto take such evidence as it may direct and report the same to the court withhis findings of fact and conclusions of law which shall constitute a part ofthe proceedings upon which the determination of the court is made. The courtmay reverse, modify or affirm the decision brought for review. An appeal liesto the supreme court from the judgment of the district court in the same manneras provided for civil actions.

 

18-5-107. Violation of provisions.

 

Ifa building, structure or facility is erected, constructed, reconstructed,altered, repaired, converted or maintained, or any building, structure or landis used in violation of the provisions of W.S. 18-5-101 through 18-5-107 or ofany regulation made thereunder, the proper local authorities of the county, inaddition to remedies which may be prescribed by local regulations, mayinstitute any appropriate legal action to prevent or abate such unlawful acts.

 

ARTICLE 2 - PLANNING AND ZONING COMMISSION

 

18-5-201. Authority vested in board of county commissioners;inapplicability of chapter to incorporated cities and towns and mineralresources.

 

To promote the public health, safety,morals and general welfare of the county, each board of county commissionersmay regulate and restrict the location and use of buildings and structures andthe use, condition of use or occupancy of lands for residence, recreation,agriculture, industry, commerce, public use and other purposes in theunincorporated area of the county. However, nothing in W.S. 18-5-201 through18-5-208 shall be construed to contravene any zoning authority of anyincorporated city or town and no zoning resolution or plan shall prevent anyuse or occupancy reasonably necessary to the extraction or production of themineral resources in or under any lands subject thereto.

 

18-5-202. Planning and zoning commission; composition; residencyrequirements, terms and removal of members; vacancies; rules; record; meetingsto be public; secretary; preparation and amendments; purpose; certificationsand hearing; amendments.

 

(a) Each board of county commissioners may by resolution createand establish a planning and zoning commission. The commission shall becomposed of five (5) members appointed by the board at least three (3) of whomshall reside in the unincorporated area of the county, provided that thisprovision shall not affect the membership composition of any existingcommission. The terms of the members appointed to the first planning and zoningcommission shall be of such length and so arranged that the terms of one (1)member will expire each year, and thereafter each member shall be appointed fora term of three (3) years. Any member of the commission may be removed forcause other than politics or religion and after public hearing by the board ofcounty commissioners. If a vacancy occurs in the commission the board of countycommissioners shall fill the vacancy by appointment for the unexpired term. Theplanning and zoning commission shall organize within thirty (30) days after itsestablishment, shall adopt rules for the transaction of its business and keep arecord of its actions and determinations. Three (3) members shall constitute aquorum for the transaction of business. All meetings, records and accounts ofthe commission shall be public. The board of county commissioners shalldesignate the county clerk, another county employee or a member of the planningand zoning commission to serve as secretary to the commission. The secretaryshall keep the record of commission actions in accordance with statute.

 

(b) The planning and zoning commission may prepare and amend acomprehensive plan including zoning for promoting the public health, safety,morals and general welfare of the unincorporated areas of the county, andcertify the plan to the board of county commissioners. Before certifying itsplan or amendments thereto to the board the commission shall hold at least one(1) public hearing. Notice of the time and place of hearing shall be given byone (1) publication in a newspaper of general circulation in the county atleast thirty (30) days before the date of the hearing. Any person may petitionthe planning and zoning commission to amend any zoning plan adopted under theprovisions of W.S. 18-5-201 through 18-5-208.

 

(c) The planning and zoning commission shall preparerecommendations to effectuate the planning and zoning purposes and certify itsrecommendations to the board of county commissioners. Before adopting therecommendations the board shall hold at least one (1) public hearing. Notice ofthe time and place of hearing shall be given by one (1) publication in anewspaper of general circulation in the county at least fourteen (14) daysbefore the date of the hearing. After public hearing has been held, the boardshall vote upon the adoption of the planning or zoning recommendation. Noplanning or zoning recommendation shall be adopted unless a majority of theboard votes in favor thereof.

 

18-5-203. Certificate required to locate buildings or use land withinzoning resolution; issuance and denial; appeal upon denial.

 

Itis unlawful to locate, erect, construct, reconstruct, enlarge, change, maintainor use any building or use any land within any area included in a zoningresolution without first obtaining a zoning certificate from the board ofcounty commissioners and no zoning certificate shall be issued unless the plansfor the proposed building, structure or use fully comply with the zoningregulations then in effect. The board of county commissioners shall actpromptly upon any application filed with it and shall grant certificates whenthe proposed construction or use complies with the requirements of the zoningresolution. If it denies the application, the board shall specify the reasonsfor such denial. The decision of the board of county commissioners may bereviewed by the district court and by the supreme court upon appeal in the samemanner as provided in W.S. 15-1-609, for review of decisions of boards ofadjustment.

 

18-5-204. Violation of W.S. 18-5-202(c); continuing violation.

 

Noperson shall locate, erect, construct, reconstruct, enlarge, change, maintainor use any building or use any land in violation of a resolution or amendmentadopted by any board of county commissioners under W.S. 18-5-202(c). Each day'scontinuation of such violation is a separate offense.

 

18-5-205. Enforcement of zoning resolution by injunction, mandamus orabatement; appeal.

 

Anyzoning resolution passed by the board pursuant to W.S. 18-5-202(b) and (c) isenforceable in addition to other remedies provided by law by injunction,mandamus or abatement.

 

18-5-206. Penalty for violation of W.S. 18-5-201 through 18-5-204.

 

Whoeverviolates any provision of W.S. 18-5-201 through 18-5-204 shall be fined notmore than seven hundred fifty dollars ($750.00) for each offense.

 

18-5-207. Continuation of existing uses; effect of alteration oraddition; future use after discontinuation of nonconforming use.

 

Azoning resolution enacted under the provisions of W.S. 18-5-201 through18-5-206 shall not prohibit the continuance of the use of any land, building orstructure for the purpose for which the land, building or structure is used atthe time the resolution is adopted and it is not necessary to secure anycertificate permitting such continuance. However the alteration or addition toany existing building or structure for the purpose of effecting any change inuse may be regulated or prohibited by zoning resolution. If a nonconforming useis discontinued any future use of such land, building or structure shall be inconformity with the provisions of the resolution regulating uses in the area inwhich the land, building or structure is located.

 

18-5-208. Coordination of planning efforts with federal agencies.

 

Theboard of county commissioners of a county which has officially adopted acomprehensive plan pursuant to W.S. 18-5-202(b) may participate in efforts tocoordinate the plan with federal regional forest or other resource managementplans as provided in the Federal Land Policy and Management Act of 1976 andfederal regulations adopted pursuant to that act, including, but not limitedto, Title 36, of the Code of Federal Regulations, part 219.7 and Title 43, ofthe Code of Federal Regulations, part 1610.3.

 

ARTICLE 3 - REAL ESTATE SUBDIVISIONS

 

18-5-301. Authority vested in board of county commissioners.

 

Theregulation and control of the subdivision of land in the unincorporated areasin each county is vested in the board of county commissioners of the county inwhich the land is located. Nothing in this article shall contravene or limitthe authority of any county to regulate and control the subdivision of landpursuant to the provisions of W.S. 18-5-201 through 18-5-207.

 

18-5-302. Definitions.

 

(a) As used in this article:

 

(i) "This article" means W.S. 18-5-301 through18-5-317;

 

(ii) "Board" means the board of county commissionersof the county in which the land sought to be subdivided is located;

 

(iii) "Encumbrance" means a mortgage or other lien ofrecord, securing or evidencing indebtedness and affecting land to be subdividedincluding liens for labor and materials. Taxes and assessments levied by publicauthority are not an encumbrance under this article except such taxes andassessments as may be delinquent;

 

(iv) "Person" means a natural person, firm,corporation, partnership, or association, or any combination of the above, orany other legal or commercial entity;

 

(v) "Sell" or "sale" includes sale asevidenced by the delivery of a deed, contract for deed, lease, assignment, auctionor award by lottery concerning a subdivision or any part of a subdivision. "Sell" or "sale" does not include a contract to sell whichis expressly contingent upon the recording of the final plat by the countyclerk, if all funds paid by the buyer under the contract are escrowed with afinancial institution located in this state or a title company licensed to dobusiness in this state until the final plat is recorded and the seller tendersthe deed or the contract to sell is cancelled or the buyer and seller agreeotherwise in writing;

 

(vi) "Subdivider" means any person who lays out anysubdivision or parts thereof either for the account of the subdivider orothers;

 

(vii) "Subdivision" means the creation or division of alot, tract, parcel or other unit of land for the immediate or future purpose ofsale, building development or redevelopment, for residential, recreational,industrial, commercial or public uses. The word "subdivide" or anyderivative thereof shall have reference to the term subdivision, includingmobile home courts, the creation of which constitutes a subdivision of land;

 

(viii) "Sewage system" means all pipelines, conduits,pumping stations, force mains and other constructions used for collecting orconducting wastes to a treatment plant or disposal system; any plant or otherworks used for the purpose of treating, stabilizing or holding wastes; and anysystem used for disposing of wastes, either by surface or underground methods,including any treatment plant, disposal wells and absorption fields;

 

(ix) "Water supply system" includes development of thesource and all structures for conveyance of raw water to the treatment plant ordelivery systems; all water treatment plants including disinfection facilities;water supply systems used for irrigation and stock water; and all finishedwater delivery systems including pipelines, pumping stations and finished waterstorage facilities;

 

(x) "Parcel" means a contiguous piece of propertylawfully created or conveyed of record as a single piece of property.

 

18-5-303. Exemptions from provisions.

 

(a) Unless the method of sale or other disposition is adoptedfor the purpose of evading the provisions of this article, this article shallnot apply to the following subdivisions of land however, the followingsubdivisions are subject to requirements which may be adopted by the board ofcounty commissioners regarding documentation of the proper use andimplementation of the following exemptions:

 

(i) A division of land made outside of platted subdivisions forthe purpose of a single gift or sale to a member of the landowner's immediatefamily, subject to the following requirements:

 

(A) A member of the immediate family is limited to any personwho is a natural or adopted child, stepchild, spouse, sibling, grandchild,grandparent or parent of the landowner;

 

(B) The purpose of the division is to provide for the housing,business or agricultural needs of the grantee;

 

(C) The land shall have been titled in the name of the grantorfor a period of not less than five (5) years prior to the division and parcelscreated under this paragraph shall be titled in the name of the immediatefamily member for whom the division is made for a period of not less than one(1) year unless such parcels are subject to involuntary transfer including, butnot limited to, foreclosure, death, judicial sale, condemnation or bankruptcy;

 

(D) No parcel smaller than five (5) acres created under thisparagraph shall be further divided unless the owner obtains a subdivision permitpursuant to W.S. 18-5-304;

 

(E) Where the landowner is a corporation and eighty percent(80%) of the shares are held by individuals related by blood or marriage, thesale or gift may be made subject to the provisions of this section to animmediate family member of any shareholder who has owned at least five percent(5%) of the outstanding shares for at least five (5) years continuously beforethe date of the sale or gift.

 

(ii) A division which may be created by any court of this statepursuant to the law of eminent domain, by operation of law or by order of anycourt in this state;

 

(iii) A division which is created by a lien, mortgage, deed oftrust or any other security instrument, easements and rights-of-way;

 

(iv) Lands located within incorporated cities or towns;

 

(v) A division which is created by the sale or otherdisposition of land to the state of Wyoming or any political subdivisionthereof;

 

(vi) A division which affects railroad rights-of-way;

 

(vii) A division which is a sale or other disposition of land foragricultural purposes or affects the alignment of property lines foragricultural purposes;

 

(viii) A division which is created by boundary line adjustmentswhere the parcel subject of the sale or other disposition is adjacent to andmerged with other land owned by the grantee;

 

(ix) A division which creates cemetery lots;

 

(x) A division which is created by the acquisition of aninterest in land in the name of the husband and wife or other persons in jointtenancy or as tenants in common, and the interest shall be deemed for purposesof this subsection as only one (1) interest;

 

(xi) A division of land creating a parcel five (5) acres or lessfor the purpose of establishing unmanned communication facilities, compressorstations, metering stations, fiber optic booster stations or similar unmannedfacilities;

 

(xii) A division which creates a cluster development pursuant toand in accordance with article 4 of this chapter;

 

(xiii) The sale or disposition of separate parcels of land thatwere separate when lawfully created or conveyed and which have not beencombined by a recorded instrument of conveyance signed by all of the owners.

 

(b) Except as provided in W.S. 18-5-316, this article shall notapply to the sale or other disposition of land where the parcels involved arethirty-five (35) acres or larger, subject to the requirement that ingress andegress and utility easements shall be provided to each parcel by binding andrecordable easements of not less than forty (40) feet in width to a public roadunless specifically waived by the grantee or transferee in a binding andrecordable document.

 

18-5-304. Subdivision permit required.

 

Noperson shall sell land subject to subdivision regulation under this article,record a plat or commence construction of a subdivision without first obtaininga subdivision permit pursuant to W.S. 18-5-306 or, if applicable, W.S. 18-5-316from the board of the county in which the land is located.

 

18-5-305. Enforcement; rules and regulations.

 

Each board shall enforce this article andin accordance with the Wyoming Administrative Procedure Act shall adopt suchrules and regulations as necessary to implement the provisions of and to insurecompliance with the intent and purposes of this article.

 

18-5-306. Minimum requirements for subdivision permits.

 

(a) The board shall require, and with respect to paragraph(xii) of this subsection may require, the following information to be submittedwith each application for a subdivision permit, provided the board may by ruleexempt from any of the following requirements of this subsection or subsection(c) of this section and may exempt from paragraph (xii) of this subsection thesubdivision of one (1) or more units of land into not more than a total of five(5) units of land:

 

(i) Evidence satisfactory to the board that the proposedsubdivision complies with any applicable zoning or land use regulations;

 

(ii) A survey plat submitted by the subdivider containing thefollowing:

 

(A) Date of preparation, scale and north arrow;

 

(B) The location of the subdivision including the section,township and range;

 

(C) The location and dimension of existing and proposedstreets, alleys, roads, highways, public ways, utility rights-of-way,easements, parks and the location of proposed permanent buildings andstructures if known.

 

(iii) Evidence satisfactory to the board that:

 

(A) The subdivider or his agent who offers any part of thesubdivision for sale or who solicits any offers for the purchase thereof, mayconvey merchantable title subject only to noted reservations or restrictions ofrecord and subject only to a proportionate share of real property taxes orassessments charged or assessed for the year in which any such sale may belegally effected; or

 

(B) Binding arrangements have been made by the person or hisagent who offers any part of the subdivision for sale, to assure purchasers ofany part of the subdivision that upon full payment of the purchase price a deedcan and will be delivered conveying merchantable title subject only to notedreservations or restrictions of record and subject only to a proportionateshare of such taxes and assessments thereon as may be levied or assessed forthe year in which the sale may be legally effected.

 

(iv) A study evaluating the sewage system proposed for thesubdivision and the adequacy and safety of the system. The study shall, at aminimum, include the following:

 

(A) Identification of the type of sewage system to serve thesubdivision and identification of the entity or entities responsible for thedesign, construction, operation and maintenance of the proposed facility;

 

(B) For all types of sewage systems except individual on-lotsewage systems, a report submitted by the subdivider as to the adequacy andsafety of the proposed sewage system. The report shall address, at a minimum,the following issues:

 

(I) An assessment of the adequacy of the proposed sewage systemin relation to the proposed population density of the subdivision and any otherexisting or proposed land and water uses in the vicinity of the subdivisionthat may affect the adequacy of the system;

 

(II) An estimate of the total number of gallons per day ofsewage generated by the proposed subdivision where a central sewage system isproposed;

 

(III) A demonstration that technical requirements and designstandards of the department of environmental quality applicable to centralsewage systems can and will be met;

 

(IV) Where utilization of or connection to an existing privateor public sewage system is proposed, documentation that application to suchentity has been made and that the entity can and will provide service;

 

(V) A detailed demonstration that the proposed sewage systemfor the subdivision is compatible with the proposed water supply system for thesubdivision. The study shall demonstrate that the operation of the sewagesystem will not affect the suitability or safety of the proposed water supplysystem and a determination of the potential impacts of downgradient use of groundwater;

 

(VI) Demonstration that the proposed sewage system will meet allcounty, state and federal standards. The demonstration shall address therelationship of the development to any local or state approved water qualitymanagement plans established pursuant to section 201 of the federal Clean WaterAct, 33 U.S.C. section 1281 and demonstrate no conflict exists with any stateapproved local wellhead protection plan or local source water protection planestablished pursuant to the federal Safe Drinking Water Act.

 

(C) Where individual on-lot sewage systems are proposed by thesubdivider, a report submitted by the subdivider shall document the safety andadequacy of the proposed on-lot sewage systems including the following:

 

(I) Adequacy of separation distances;

 

(II) Separation of drainfield relative to groundwater andimpervious soils;

 

(III) Suitability of the subdivision soil conditions;

 

(IV) Suitable topography;

 

(V) Proposed population density;

 

(VI) Protection of groundwater uses; and

 

(VII) Watersheds located on or draining into, under or over theproposed subdivision.

 

(D) Where individual on-lot sewage systems are proposed, thewords "NO PROPOSED CENTRALIZED SEWAGE SYSTEM," in bold capitalletters shall appear on all offers, solicitations, advertisements, contracts,agreements and plats relating to the subdivision.

 

(v) If the subdivider proposes to utilize adjoining propertyfor sewers, drainage, sewer lines, power lines or other utilities, thesubdivider shall provide copies of binding easements of not less than twenty(20) feet in width for the proposed facilities from each property owner overwhose land such services shall extend and shall provide a minimum accessroadway right-of-way of sixty (60) feet to the subdivision for all public ways;

 

(vi) A study evaluating the water supply system proposed for thesubdivision and the adequacy and safety of the system. The study shall, at aminimum, include the following:

 

(A) Identification of the type of water supply system proposedto serve the subdivision and identification of the entity or entitiesresponsible for the design, construction, operation and maintenance of theproposed facility;

 

(B) For all water supply systems except individual on-lotwells, a report submitted by the subdivider demonstrating the adequacy andsafety of the proposed water supply system. The report shall address, at aminimum, the following issues:

 

(I) The estimated total number of gallons per day for thesubdivision water supply system;

 

(II) Documentation that the proposed water supply system will becompatible with and not adversely affected by the sewage system proposed forthe subdivision or any other sources of pollution within a reasonable distance;

 

(III) List of all surface and groundwater rights which will beused or which may be affected, including state engineer application and permitnumbers and description of expected effects;

 

(IV) Plans for the mitigation of water right conflicts resultingfrom the use of water within the proposed subdivision;

 

(V) When connecting to an existing water supply system, thereport shall also contain:

 

(1) Documentation that public or private water suppliers can and will supply waterto the proposed subdivision, stating the amount of water available for use withinthe subdivision and the feasibility of extending service to that area;

 

(2) Documentation concerning the potability of the proposed water supply for thesubdivision.

 

(VI) Where a centralized water supply system is proposedcontaining a new source of water supply to be developed, the report shall alsodemonstrate that the water supply system is sufficient in terms of quality,quantity and dependability and will be available to ensure an adequate watersupply system for the type of subdivision proposed. The report shall include anarrative summary of:

 

(1) Where the watersupply system source is derived from groundwater, the geologic setting of thewater supply system source and the area of influence such as nearbycommunities, sources of pollution, surface water bodies and aquifers describedby a Wyoming registered professional geologist;

 

(2) The quantity,quality and source of the water to be used including proposed and existingsurface and groundwater facilities and their locations. Where the proposedwater supply system for the subdivision is from a groundwater source, a writtenreport submitted by the subdivider demonstrating that the proposed source issufficient in terms of quality, quantity and dependability for the type ofsubdivision proposed;

 

(3) The proposeddisposal of water not consumed, including water obtained under permits, stormdrainage, dewatering, sewage and other wastewater sources;

 

(4) A delineation ofprimary sources of water, secondary sources and occasional or seasonal sources;

 

(5) Graphic location ofall water supply sources including wells, raw water intakes, treatmentfacilities, treated water storage facilities and ponds;

 

(6) Documentation ofall data sources on the occurrence and availability of surface and groundwater;

 

(7) Historic streamflows and well levels;

 

(8) Senior waterrights;

 

(9) Flood damage andflood protection;

 

(10) Impact of andprotection from supply shortages.

 

(C) Where individual on-lot wells are proposed as the watersupply system, a report submitted by the subdivider demonstrating the safetyand adequacy of the water supply system shall address, at a minimum, thefollowing:

 

(I) The estimated total number of gallons per day for thesubdivision;

 

(II) Information relative to the potential availability andquality of groundwater proposed within the subdivision which may consist of newdata, existing data on other working wells in the area, or other data,including drilling logs, from a test well drilled within the proposedsubdivision indicating soil types, depth, quantity and quality of waterproduced in the test well;

 

(III) Documentation that the proposed water supply system will becompatible with and not adversely affected by the sewage system proposed forthe subdivision or any other sources of pollution within a reasonable distance;

 

(IV) List of all surface and groundwater rights which will beused or which may be affected, including state engineer application and permitnumbers, and description of expected effects; and

 

(V) Plans for the mitigation of water right conflicts resultingfrom the use of water within the proposed subdivision.

 

(D) Where individual on-lot wells are proposed, the words"NO PROPOSED CENTRAL WATER SUPPLY SYSTEM," in bold capital lettersshall appear on all offers, solicitations, advertisements, contracts,agreements and plats relating to the subdivision.

 

(vii) Documentation satisfactory to the board that adequateaccess has been provided and that all proposed streets, alleys and roadwayswithin the subdivision conform to the minimum standards adopted by the boardand applied uniformly throughout the county which shall not in itselfconstitute consent of the board to locate, repair or maintain roadways andfacilities. If, however, the subdivider proposes to make any streets, alleys orroadways private, then the subdivider shall submit to the board properlyacknowledged written certification that certain streets, alleys or roadwayswithin the subdivision shall remain private and the board shall be under noobligation to repair, maintain or accept any dedication of such roads to thepublic use. If no such public maintenance is contemplated, the subdivider shallput a legend on the plat of the subdivision, on all advertisements andsolicitations for the subdivision and on all offers, contracts or agreementsfor the sale and purchase of lots within the subdivision showing the streets,alleys and roadways showing in capital letters "NO PUBLIC MAINTENANCE OFSTREETS OR ROADS";

 

(viii) Documentation satisfactory to the board that the subdividerhas adequate financial resources to develop and complete any facility proposedor represented to be the responsibility of the subdivider, including but notlimited to water supply systems, sewage systems, streets and roadways. Theapplicant shall provide a performance bond, acceptable letter of credit orother sufficient financial commitment to assure that any facilities proposed orrepresented to be part of the subdivision will in fact be completed asproposed, or escrow sufficient monies out of land sales to guarantee that theabove facilities are installed. The amount of any bond or other financialcommitment or escrow required under this paragraph shall reflect the estimatedcosts of providing the facilities;

 

(ix) Proof that the applicant has published notice of his intentto apply for a permit once each week for two (2) weeks within thirty (30) daysprior to filing his application. The notice shall include the name of thesubdivider and the general location of the land to be subdivided;

 

(x) Any other information consistent with this article and theboard's published rules and regulations which the board deems pertinent orrelevant to the evaluation of the application;

 

(xi) With respect to any water rights appurtenant to lands to besubdivided in accordance with this chapter and prior to final approval of thesubdivision the subdivider shall provide:

 

(A) Evidence that the subdivider has submitted to the stateengineer the documentation necessary to relinquish the water rights and hasnotified purchasers and the board of this action; or

 

(B) Evidence that the subdivider has submitted to the stateengineer the documentation necessary to change the use, place of use or pointof diversion to provide for beneficial use of the water rights outside thesubdivision; or

 

(C) A plan, a copy of which was submitted to and approved bythe state engineer prior to the final approval of the subdivision application,for the distribution of the water rights appurtenant to the land to besubdivided. The plan shall specify the distribution of the water to the lotswithin the subdivision and shall include all appropriate applications forchange of use, change of place of use or change in point of diversion or meansof conveyance in accordance with W.S. 41-3-103, 41-3-104 or 41-3-114; and

 

(D) If the subdivision is located within lands, served by orcrossed by a ditch, irrigation company or association or by an unorganizedditch, evidence that the plan has been submitted, at least sixty (60) daysprior to the submittal of the application for the subdivision permit to thecompany, or association, or the remaining appropriators in the case of anunorganized ditch for their review and recommendations;

 

(E) Evidence that the subdivider will specifically state on alloffers and solicitations relative to the subdivision his intent to comply withthis paragraph and that the seller does not warrant to a purchaser that heshall have any rights to the natural flow of any stream within or adjacent tothe proposed subdivision. He shall further state that the Wyoming law does notrecognize any riparian rights to the continued natural flow of a stream orriver for persons living on the banks of the stream or river;

 

(F) If the subdivision is located within the boundaries of anirrigation district that is subject to the provisions of title 41, chapter 7 ofthe Wyoming statutes, the application shall include a review andrecommendations from the irrigation district regarding the attached waterrights and the irrigation district's easements. If there is a conflict with theirrigation district's recommendations, the applicant shall certify that it hasmet with and made a good faith effort to resolve any conflicts with theirrigation district;

 

(G) If the subdivision will create a significant additionalburden or risk of liability to the irrigation district, company, association orremaining appropriators including appropriators on an unorganized ditch, theapplicant shall provide an adequate and responsible plan to reduce or eliminatethe additional burden or risk of liability.

 

(xii) Evidence that all parcels of land created by thesubdivision will be subject to written and recorded covenants or otherinstruments creating an entity, binding on subsequent owners of the land withinthe subdivision. The entities that may be used include, but are not limitedto, special improvement districts, homeowners associations and mutual benefitcorporations. The board shall not mandate the creation of an entity with the abilityto interfere with any owner's ability to use his private property, except tocollect any assessment. The entity shall have the ability to address thefollowing topics:

 

(A) Maintenance and responsibility for common areas, roads andwater supply systems and assessments against all parcels of land in thesubdivision to defray the costs thereof;

 

(B) Continued management of the entity.

 

(b) The board shall require the applicant to obtain review andrecommendations from the local conservation district regarding soilsuitability, erosion control, sedimentation and flooding problems. The reviewand recommendations shall be completed within sixty (60) days.

 

(c) Upon receipt of a subdivision permit application filed witha county and prior to subdivision permit approval, the county or subdividershall send three (3) copies of the portions of the application prepared underthis section to the department of environmental quality for review of thesafety and adequacy of the proposed sewage system and proposed water supplysystem. The review shall be conducted in accordance with the followingguidelines:

 

(i) The department may request assistance from the stateengineer, the Wyoming water development office and any other state agency orlocal governmental entity in preparing its review. Any agency or entityrequested to assist in the review shall fully cooperate to the extent possiblewith the department and shall furnish the information or recommendationsrequested within the time period specified by the department;

 

(ii) To the extent requested by a county government, theadministrator of the water quality division, with the approval of the directorof the department of environmental quality, shall delegate authority to thecounty to review any reports or studies required by this section directed atdetermining the safety and adequacy of the proposed sewage or water supplysystem contained as part of a subdivision application. Any authority delegatedunder this section shall be subject to the following conditions:

 

(A) The county entity shall demonstrate to the administrator ofthe water quality division that all sewage or water supply systems will bereviewed by a qualified professional with expertise in surface and groundwaterprotection from pollution and safe and adequate water supply systems;

 

(B) The local government shall demonstrate that the review ofwater supply and sewage systems will be in a manner as stringent as thedepartment of environmental quality would require under this section;

 

(C) The review of subdivisions with a proposed sewage systemconsisting of wastes requiring an underground injection control permit underdepartment of environmental quality regulations or sewage systems with aproposed surface water discharge shall not be delegated to the county; and

 

(D) The administrator shall periodically review theadministrative programs of each county governmental entity receiving adelegation of authority under this section and may, with the consent of thedirector, revoke or temporarily suspend the delegation agreement entered intowith any entity which has failed to perform its delegated duties or hasotherwise violated the terms of its agreement of delegation.

 

(iii) The department shall file its written comments andrecommendations on the application with the commission or board within thirty(30) days after receipt of the application. The department may extend itsreview period for an additional thirty (30) days if an extension is necessaryto complete the review.

 

(d) If the permit is approved the board shall require theapplicant to put a legend on the plat and on all offers, contracts oragreements for the sale and purchase of lots within the subdivision showing incapital letters "THE SURFACE ESTATE OF THE LAND TO BE SUBDIVIDED ISSUBJECT TO FULL AND EFFECTIVE DEVELOPMENT OF THE MINERAL ESTATE".

 

18-5-307. Planning commission may receive applications and makerecommendations.

 

Theboard may allow the county planning and zoning commission authorized under theprovisions of W.S. 18-5-201 through 18-5-206 as the proper agency to receiveand evaluate applications for subdivision permits. If so authorized theplanning commission shall receive the materials required by this article andshall submit a copy of the application to the department of environmentalquality for review as provided by W.S. 18-5-306(c) and, if applicable, to thefire protection district, fire protection authority or the nearest fireprotection district as provided by W.S. 18-5-316(d). The commission shall makefindings and recommendations to the board concerning an application withinforty-five (45) days from the date the department of environmental qualitysubmits its recommendation to the commission or from the date when therecommendation is due if no recommendation is made, whichever is earlier. If noaction is taken by the planning commission within that time the plat is deemedto be approved by the planning commission.

 

18-5-308. Approval by the board.

 

(a) The board shall approve or disapprove the subdivisionapplication and issue a subdivision permit or ruling:

 

(i) Within forty-five (45) days afterreceiving a report from the planning commission; or

 

(ii) If no planning and zoning commission has been appointed,within sixty (60) days after the department of environmental quality submitsits recommendation to the board or from the date when the recommendation is dueif no recommendation is made, whichever is earlier.

 

(b) If any part of the subdivision lies within one (1) mile ofthe boundaries of an incorporated city or town the approval of the governingbody of the city or town must also be obtained in accordance with W.S.34-12-103.

 

(c) If a subdivision application is approved by the boardnotwithstanding an adverse recommendation by the department of environmentalquality, the subdivider shall furnish to all potential purchasers a copy of thedepartment's recommendation prior to sale. The subdivider need not furnish thepotential buyer with a copy of the department's recommendation if the board inapproving the subdivision enters a written finding that the subdivider hascorrected the inadequacy set forth in the department's recommendation. Anyperson violating this subsection is subject to the penalty provided by W.S.18-5-314.

 

18-5-309. Permit fee.

 

Eachapplication for a subdivision permit shall be accompanied by a reasonable feenot to exceed the cost of processing the application as determined by theboard. All fees collected shall be credited to the county general fund.

 

18-5-310. Repealed By Laws 2001, Ch. 169, 1, Ch. 208, 2.

 

18-5-311. Investigatory powers.

 

 

(a) If the board has reason to believe that a person hasengaged in activity which violates any provision of this article it shall makean investigation and may administer oaths or affirmations and upon its ownmotion or upon request of any party may subpoena witnesses, compel theirattendance, adduce evidence and require the production of any matter which isrelevant to the investigation, including the existence, description, nature,custody, condition and location of any books, documents or other tangiblethings and the identity and location of persons having knowledge of relevantfacts or any other matter reasonably calculated to lead to the discovery ofadmissible evidence.

 

(b) If any person subject to the provisions of this article hasrecords required in W.S. 18-5-311(a) located outside this state, the personshall either make them available directly to the board or pay the reasonableand necessary expenses for the board or its representative to examine them atthe place where they are maintained. The board may designate representatives,including comparable officials of the state in which the records are located,to inspect them on the board's behalf.

 

(c) Upon failure without lawful excuse to obey a subpoena or togive testimony and upon reasonable notice to all persons affected thereby, theboard may apply to any district court for an order compelling compliance.

 

18-5-312. Enforcement.

 

Theprovisions of this article are enforceable by all appropriate legal remediesincluding but not limited to injunctive relief or a writ of mandamus. Uponfailure or refusal of any county attorney to act upon a violation of theprovisions of this article, the attorney general at the request of the boardshall initiate civil or criminal proceedings to enforce the provisions of thisarticle.

 

18-5-313. False statement or misrepresentation; penalty.

 

Anyperson who knowingly authorizes, directs or aids in the publication,advertisement, distribution or circulation of any false statement ormisrepresentation concerning any subdivision for sale in this or any otherstate, and every person with knowledge that any such advertisement, prospectus,pamphlet or letter concerning land or any subdivision thereof contains anywritten statement that is false or fraudulent in any material part or whoissues, circulates, publishes or distributes the same or causes the same to becirculated, published or distributed shall upon conviction be imprisoned for aperiod not to exceed thirty (30) days or be fined not to exceed five hundreddollars ($500.00). Each day of violation constitutes a new offense.

 

18-5-314. Penalties.

 

Anyperson who willfully violates any provision of this article or any rule or orderissued under this article shall upon conviction be fined not more than fivehundred dollars ($500.00) or imprisoned in a county jail for not more thanthirty (30) days or both. Each day of violation constitutes a new offense.

 

18-5-315. Provisions minimum.

 

Ifany board has or enacts resolutions or regulations which impose requirements onsubdividers or subdivisions which are more restrictive than the provisions ofthis article, the authority to enact such local resolutions or regulationsbeing hereby granted, the local provisions are not superseded by the provisionsof this article.

 

18-5-316. Requirements for large acreage subdivision permits.

 

(a) Except as otherwise provided, a county may, by resolution,elect to apply the provisions of this article on a uniform basis to the sale ordisposition of any land where the subdivision creates parcels that arethirty-five (35) acres or larger and up to one hundred forty (140) acres.Except as provided in this subsection, each lawfully recorded parcel of land onJuly 1, 2008 shall be exempted from all provisions of this section other thancompliance with paragraphs (i) through (iii) of this subsection and W.S.18-5-317 and shall be allowed to be divided into not more than ten (10) parcelsof one hundred forty (140) acres or less in size, provided that each new orremaining parcel is no less than thirty-five (35) acres. Parcels createdpursuant to this exemption may be created at any time and may be created over aperiod of years through separate transactions. In no case, however, shall thisexemption be used to create more than ten (10) parcels of land from eachoriginal parcel and each parcel created after July 1, 2008 shall be subject tothis section and W.S. 18-5-317 as otherwise provided in this section. Boundaryadjustments between or among parcels shall not be considered as a division ofproperty subject to the limitations in this section. If a county elects toapply this article to sales or dispositions where the subdivision createsparcels that are thirty-five (35) acres or larger and up to one hundred forty(140) acres, unless the property is exempted under this subsection, thesubdivider shall obtain a subdivision permit pursuant to this section. Theprovisions of W.S. 18-5-306 and 18-5-315 shall not be applicable to asubdivision of land under this section but nothing in this sentence shallprohibit application of lawfully adopted zoning provisions. Before grantingthe exemption provided in this subsection the board may require the personseeking the exemption to submit any or all of the following:

 

(i) A legal description or recordable survey containing thefollowing:

 

(A) Date of preparation, scale and north arrow;

 

(B) The location of the subdivision units including thesection, township and range;

 

(C) The location and dimension of access and utilitieseasements, which shall conform to the requirements of W.S. 18-5-303(b).

 

(ii) Evidence of compliance with paragraph (b)(ix) of thissection;

 

(iii)(A) If a centralized water supply system is proposed for thesubdivision, a study evaluating the water supply system proposed and theadequacy and safety of the system. The study shall include informationrelative to the potential availability and quality of groundwater proposedwithin the subdivision which may consist of new data, existing data on otherworking wells in the area, or other data, including drilling logs, from a testwell drilled within the subdivision indicating soil types, depth, quantity andquality of water produced in the test well;

 

(xiii) The sale or disposition of separate parcels of land thatwere separate when lawfully created or conveyed and which have not beencombined by a recorded instrument of conveyance signed by all of the owners.

 

18-5-501. Definitions.

 

(a) As used in this article:

 

(b) The board may require any or all of the followinginformation to be submitted with an application for a subdivision permitpursuant to this section:

 

(i) Evidence that the proposed subdivision complies with anyapplicable zoning regulations;

 

(ii) A survey plat submitted by the subdivider containing thefollowing:

 

(A) Date of preparation, scale and north arrow;

 

(B) The location of the subdivision including the section,township and range;

 

(C) The location and dimension of existing and proposed lots,units, tracts, parcels, streets, alleys, roads, highways, public ways, utilityrights-of-way, easements, parks and the location of proposed permanentbuildings and structures if known.

 

(iii) Evidence that:

 

(A) The subdivider or his duly authorized agent who offers anypart of the subdivision for sale or who solicits any offers for the purchasethereof, may convey merchantable title subject only to noted reservations orrestrictions of record and subject only to a proportionate share of realproperty taxes or assessments charged or assessed for the year in which anysuch sale may be legally effected; or

 

(B) Binding arrangements have been made by the person or hisduly authorized agent who offers any part of the subdivision for sale, toassure purchasers of any part of the subdivision that upon full payment of thepurchase price a deed can and will be delivered conveying merchantable titlesubject only to noted reservations or restrictions of record and subject onlyto a proportionate share of such taxes and assessments thereon as may be leviedor assessed for the year in which the sale may be legally effected.

 

(iv) A study evaluating the sewage system proposed for thesubdivision and the adequacy and safety of the system. Where individual on-lotsewage systems are proposed, the words "NO PROPOSED CENTRALIZED SEWAGESYSTEM," in bold capital letters shall appear on all offers, contracts,agreements and plats relating to the subdivision;

&nbs

State Codes and Statutes

Statutes > Wyoming > Title18 > Chapter5

CHAPTER 5 - Planning and Zoning

 

ARTICLE 1 - COUNTY PLANNING COMMISSION

 

18-5-101. Definition of "unincorporated".

 

Asused in W.S. 18-5-101 through 18-5-107, the word "unincorporated"means situated outside of cities and towns and when used with"territory" or "areas" it means territory or areas whichare one (1) mile from the limits of a town or city having a population of twothousand (2,000) or less, two (2) miles from the limits of a town or cityhaving a population between two thousand (2,000) and three thousand (3,000) andthree (3) miles from the limits of a town or city having a population of threethousand (3,000) or over.

 

18-5-102. Powers of county commissioners.

 

Eachboard of county commissioners may provide for the physical development of theunincorporated territory within the county by zoning all or any part of theunincorporated territory.

 

18-5-103. Appointment of county planning commission; composition;powers and duties generally.

 

 

(a) To avail itself of the powers conferred by W.S. 18-5-101through 18-5-107 the board of county commissioners shall appoint a countyplanning commission. The chairman of the board of county commissioners shall bean ex officio member of the commission. Other members of the commission shallown real property situated therein. The mayors of the incorporated communitieswithin the county or their designees shall be members of the commission.

 

(b) The county planning commission shall recommend theboundaries of the various original districts and appropriate regulations to beenforced. The commission shall make a preliminary report and hold publichearings thereon before submitting its final report, and the board of countycommissioners shall not hold its public hearings or take action until it hasreceived a final report of the commission.

 

(c) The county planning commission shall use expert advice andinformation which may be furnished without cost by appropriate federal, state,county and municipal officials, departments and agencies. All state officials,departments and agencies having information, maps and data pertinent to countyplanning or zoning are directed to make the same available for the use of thecounty planning commission and to furnish other technical assistance and advicethey have available without additional cost to the county or municipality.

 

18-5-104. Duties of board of county commissioners; election forestablishment of zoning district.

 

 

(a) The board of county commissioners shall determine howregulations, restrictions and boundaries of the districts shall be establishedand enforced, and how they may be amended, supplemented or changed.

 

(b) The board of county commissioners in which the proposedzoning district is situated shall order an election to be held sixty (60) daysafter they have determined by resolution that the health, safety and welfare ofthe people in the proposed zoning district requires such protection. Theelection shall be on the question of the organization and establishment of thedistrict. The board of county commissioners shall publish notice of election,stating the purpose, describing the area and time and place of the election ina newspaper published in the county. The notice shall be inserted once weeklyfor four (4) weeks preceding the day of election. Ballots shall be prepared forthe residents of the district and the qualifications of electors shall be thesame as for general elections. The voting shall be conducted insofar aspossible in the same manner as provided by law for general elections. Theelection shall be deemed carried if the voting residents of the area approvethe same by a majority vote. If the proposed zoning district does not includeany residents the county commissioners may establish the district.

 

18-5-105. Purpose of zoning; regulation of sanitary facilities;division of county into zones; building permits required.

 

(a) The purpose of zoning is to conserve and promote the publichealth, safety and welfare of the citizens of the county. The board of countycommissioners shall provide by resolution for the regulation of sanitaryfacilities for buildings and other structures. "Sanitary facilities"means domestic water supplies, sewage disposal, rodent and insect control andthe storage, collection and disposal of garbage and refuse.

 

(b) In order to accomplish the regulation of sanitaryfacilities the board of county commissioners shall divide the unincorporatedterritory of the county into zones as recommended by the county planningcommission and shall regulate the erection, construction, reconstruction,alteration and uses of sanitary facilities to conform with the minimumrequirements established by regulations of the public health authority havingjurisdiction in each zone.

 

(c) It is unlawful to erect, construct, reconstruct, alter orchange the sanitary facilities of any building or other structure within thezone without obtaining a building permit. The building permit shall not beissued unless the plans for the proposed sanitary facilities fully conform toall regulations then in effect. No building permit shall be issued forstructures in areas not adequately served by water or sewerage systems untilthe proposed sanitary facilities have been approved by the public healthauthority having jurisdiction in the area.

 

18-5-106. Powers of county commissioners upon appeal; appeal fromcommissioners to district court and supreme court.

 

(a) The board of county commissioners has the following powersupon appeal to it from acts of the county planning commission or regulationspromulgated in accordance with W.S. 18-5-101 through 18-5-107:

 

(i) To hear and decide appeals where it is alleged there iserror in an order, requirement, decision or determination made by anadministrative official in the enforcement of W.S. 18-5-101 through 18-5-107 orany regulation adopted pursuant thereto;

 

(ii) To hear and decide exceptions to the terms of anyregulation requiring board action;

 

(iii) To authorize in specific cases a variance from theregulation when not contrary to the public welfare. The variance may be grantedwhen special conditions and a literal enforcement of the regulation results inunnecessary hardship.

 

(b) The decision of the county commissioners upon any exceptionmade may be reviewed by the district court of the county upon appeal takenthereto in the same manner as an appeal from circuit courts in civil cases. Thecounty clerk shall prepare a transcript of the case upon payment of the samefee as required for a transcript from a circuit court, and the district courtshall consider the case upon the issues shown in the transcript. At the timethe transcript is filed with the clerk of the district court, the appellantshall execute and file a sufficient bond in a penal sum of two hundred dollars($200.00) with at least two (2) sureties approved by the clerk of courtconditioned to prosecute the appeal without delay and if unsuccessful to payall costs incurred by the county because of the appeal. The appellant shallwithin three (3) days after the transcript is filed in the district court givewritten notice to the county attorney that the transcript is filed. The noticeshall state a time not less than three (3) days from the time of service whenthe appellant shall request a hearing and the district court shall at such timeor at a future time as fixed by order of the court, hear and determine theappeal. If at the hearing it appears to the court that testimony is necessaryfor the proper disposition of the matter it may take evidence or appoint a refereeto take such evidence as it may direct and report the same to the court withhis findings of fact and conclusions of law which shall constitute a part ofthe proceedings upon which the determination of the court is made. The courtmay reverse, modify or affirm the decision brought for review. An appeal liesto the supreme court from the judgment of the district court in the same manneras provided for civil actions.

 

18-5-107. Violation of provisions.

 

Ifa building, structure or facility is erected, constructed, reconstructed,altered, repaired, converted or maintained, or any building, structure or landis used in violation of the provisions of W.S. 18-5-101 through 18-5-107 or ofany regulation made thereunder, the proper local authorities of the county, inaddition to remedies which may be prescribed by local regulations, mayinstitute any appropriate legal action to prevent or abate such unlawful acts.

 

ARTICLE 2 - PLANNING AND ZONING COMMISSION

 

18-5-201. Authority vested in board of county commissioners;inapplicability of chapter to incorporated cities and towns and mineralresources.

 

To promote the public health, safety,morals and general welfare of the county, each board of county commissionersmay regulate and restrict the location and use of buildings and structures andthe use, condition of use or occupancy of lands for residence, recreation,agriculture, industry, commerce, public use and other purposes in theunincorporated area of the county. However, nothing in W.S. 18-5-201 through18-5-208 shall be construed to contravene any zoning authority of anyincorporated city or town and no zoning resolution or plan shall prevent anyuse or occupancy reasonably necessary to the extraction or production of themineral resources in or under any lands subject thereto.

 

18-5-202. Planning and zoning commission; composition; residencyrequirements, terms and removal of members; vacancies; rules; record; meetingsto be public; secretary; preparation and amendments; purpose; certificationsand hearing; amendments.

 

(a) Each board of county commissioners may by resolution createand establish a planning and zoning commission. The commission shall becomposed of five (5) members appointed by the board at least three (3) of whomshall reside in the unincorporated area of the county, provided that thisprovision shall not affect the membership composition of any existingcommission. The terms of the members appointed to the first planning and zoningcommission shall be of such length and so arranged that the terms of one (1)member will expire each year, and thereafter each member shall be appointed fora term of three (3) years. Any member of the commission may be removed forcause other than politics or religion and after public hearing by the board ofcounty commissioners. If a vacancy occurs in the commission the board of countycommissioners shall fill the vacancy by appointment for the unexpired term. Theplanning and zoning commission shall organize within thirty (30) days after itsestablishment, shall adopt rules for the transaction of its business and keep arecord of its actions and determinations. Three (3) members shall constitute aquorum for the transaction of business. All meetings, records and accounts ofthe commission shall be public. The board of county commissioners shalldesignate the county clerk, another county employee or a member of the planningand zoning commission to serve as secretary to the commission. The secretaryshall keep the record of commission actions in accordance with statute.

 

(b) The planning and zoning commission may prepare and amend acomprehensive plan including zoning for promoting the public health, safety,morals and general welfare of the unincorporated areas of the county, andcertify the plan to the board of county commissioners. Before certifying itsplan or amendments thereto to the board the commission shall hold at least one(1) public hearing. Notice of the time and place of hearing shall be given byone (1) publication in a newspaper of general circulation in the county atleast thirty (30) days before the date of the hearing. Any person may petitionthe planning and zoning commission to amend any zoning plan adopted under theprovisions of W.S. 18-5-201 through 18-5-208.

 

(c) The planning and zoning commission shall preparerecommendations to effectuate the planning and zoning purposes and certify itsrecommendations to the board of county commissioners. Before adopting therecommendations the board shall hold at least one (1) public hearing. Notice ofthe time and place of hearing shall be given by one (1) publication in anewspaper of general circulation in the county at least fourteen (14) daysbefore the date of the hearing. After public hearing has been held, the boardshall vote upon the adoption of the planning or zoning recommendation. Noplanning or zoning recommendation shall be adopted unless a majority of theboard votes in favor thereof.

 

18-5-203. Certificate required to locate buildings or use land withinzoning resolution; issuance and denial; appeal upon denial.

 

Itis unlawful to locate, erect, construct, reconstruct, enlarge, change, maintainor use any building or use any land within any area included in a zoningresolution without first obtaining a zoning certificate from the board ofcounty commissioners and no zoning certificate shall be issued unless the plansfor the proposed building, structure or use fully comply with the zoningregulations then in effect. The board of county commissioners shall actpromptly upon any application filed with it and shall grant certificates whenthe proposed construction or use complies with the requirements of the zoningresolution. If it denies the application, the board shall specify the reasonsfor such denial. The decision of the board of county commissioners may bereviewed by the district court and by the supreme court upon appeal in the samemanner as provided in W.S. 15-1-609, for review of decisions of boards ofadjustment.

 

18-5-204. Violation of W.S. 18-5-202(c); continuing violation.

 

Noperson shall locate, erect, construct, reconstruct, enlarge, change, maintainor use any building or use any land in violation of a resolution or amendmentadopted by any board of county commissioners under W.S. 18-5-202(c). Each day'scontinuation of such violation is a separate offense.

 

18-5-205. Enforcement of zoning resolution by injunction, mandamus orabatement; appeal.

 

Anyzoning resolution passed by the board pursuant to W.S. 18-5-202(b) and (c) isenforceable in addition to other remedies provided by law by injunction,mandamus or abatement.

 

18-5-206. Penalty for violation of W.S. 18-5-201 through 18-5-204.

 

Whoeverviolates any provision of W.S. 18-5-201 through 18-5-204 shall be fined notmore than seven hundred fifty dollars ($750.00) for each offense.

 

18-5-207. Continuation of existing uses; effect of alteration oraddition; future use after discontinuation of nonconforming use.

 

Azoning resolution enacted under the provisions of W.S. 18-5-201 through18-5-206 shall not prohibit the continuance of the use of any land, building orstructure for the purpose for which the land, building or structure is used atthe time the resolution is adopted and it is not necessary to secure anycertificate permitting such continuance. However the alteration or addition toany existing building or structure for the purpose of effecting any change inuse may be regulated or prohibited by zoning resolution. If a nonconforming useis discontinued any future use of such land, building or structure shall be inconformity with the provisions of the resolution regulating uses in the area inwhich the land, building or structure is located.

 

18-5-208. Coordination of planning efforts with federal agencies.

 

Theboard of county commissioners of a county which has officially adopted acomprehensive plan pursuant to W.S. 18-5-202(b) may participate in efforts tocoordinate the plan with federal regional forest or other resource managementplans as provided in the Federal Land Policy and Management Act of 1976 andfederal regulations adopted pursuant to that act, including, but not limitedto, Title 36, of the Code of Federal Regulations, part 219.7 and Title 43, ofthe Code of Federal Regulations, part 1610.3.

 

ARTICLE 3 - REAL ESTATE SUBDIVISIONS

 

18-5-301. Authority vested in board of county commissioners.

 

Theregulation and control of the subdivision of land in the unincorporated areasin each county is vested in the board of county commissioners of the county inwhich the land is located. Nothing in this article shall contravene or limitthe authority of any county to regulate and control the subdivision of landpursuant to the provisions of W.S. 18-5-201 through 18-5-207.

 

18-5-302. Definitions.

 

(a) As used in this article:

 

(i) "This article" means W.S. 18-5-301 through18-5-317;

 

(ii) "Board" means the board of county commissionersof the county in which the land sought to be subdivided is located;

 

(iii) "Encumbrance" means a mortgage or other lien ofrecord, securing or evidencing indebtedness and affecting land to be subdividedincluding liens for labor and materials. Taxes and assessments levied by publicauthority are not an encumbrance under this article except such taxes andassessments as may be delinquent;

 

(iv) "Person" means a natural person, firm,corporation, partnership, or association, or any combination of the above, orany other legal or commercial entity;

 

(v) "Sell" or "sale" includes sale asevidenced by the delivery of a deed, contract for deed, lease, assignment, auctionor award by lottery concerning a subdivision or any part of a subdivision. "Sell" or "sale" does not include a contract to sell whichis expressly contingent upon the recording of the final plat by the countyclerk, if all funds paid by the buyer under the contract are escrowed with afinancial institution located in this state or a title company licensed to dobusiness in this state until the final plat is recorded and the seller tendersthe deed or the contract to sell is cancelled or the buyer and seller agreeotherwise in writing;

 

(vi) "Subdivider" means any person who lays out anysubdivision or parts thereof either for the account of the subdivider orothers;

 

(vii) "Subdivision" means the creation or division of alot, tract, parcel or other unit of land for the immediate or future purpose ofsale, building development or redevelopment, for residential, recreational,industrial, commercial or public uses. The word "subdivide" or anyderivative thereof shall have reference to the term subdivision, includingmobile home courts, the creation of which constitutes a subdivision of land;

 

(viii) "Sewage system" means all pipelines, conduits,pumping stations, force mains and other constructions used for collecting orconducting wastes to a treatment plant or disposal system; any plant or otherworks used for the purpose of treating, stabilizing or holding wastes; and anysystem used for disposing of wastes, either by surface or underground methods,including any treatment plant, disposal wells and absorption fields;

 

(ix) "Water supply system" includes development of thesource and all structures for conveyance of raw water to the treatment plant ordelivery systems; all water treatment plants including disinfection facilities;water supply systems used for irrigation and stock water; and all finishedwater delivery systems including pipelines, pumping stations and finished waterstorage facilities;

 

(x) "Parcel" means a contiguous piece of propertylawfully created or conveyed of record as a single piece of property.

 

18-5-303. Exemptions from provisions.

 

(a) Unless the method of sale or other disposition is adoptedfor the purpose of evading the provisions of this article, this article shallnot apply to the following subdivisions of land however, the followingsubdivisions are subject to requirements which may be adopted by the board ofcounty commissioners regarding documentation of the proper use andimplementation of the following exemptions:

 

(i) A division of land made outside of platted subdivisions forthe purpose of a single gift or sale to a member of the landowner's immediatefamily, subject to the following requirements:

 

(A) A member of the immediate family is limited to any personwho is a natural or adopted child, stepchild, spouse, sibling, grandchild,grandparent or parent of the landowner;

 

(B) The purpose of the division is to provide for the housing,business or agricultural needs of the grantee;

 

(C) The land shall have been titled in the name of the grantorfor a period of not less than five (5) years prior to the division and parcelscreated under this paragraph shall be titled in the name of the immediatefamily member for whom the division is made for a period of not less than one(1) year unless such parcels are subject to involuntary transfer including, butnot limited to, foreclosure, death, judicial sale, condemnation or bankruptcy;

 

(D) No parcel smaller than five (5) acres created under thisparagraph shall be further divided unless the owner obtains a subdivision permitpursuant to W.S. 18-5-304;

 

(E) Where the landowner is a corporation and eighty percent(80%) of the shares are held by individuals related by blood or marriage, thesale or gift may be made subject to the provisions of this section to animmediate family member of any shareholder who has owned at least five percent(5%) of the outstanding shares for at least five (5) years continuously beforethe date of the sale or gift.

 

(ii) A division which may be created by any court of this statepursuant to the law of eminent domain, by operation of law or by order of anycourt in this state;

 

(iii) A division which is created by a lien, mortgage, deed oftrust or any other security instrument, easements and rights-of-way;

 

(iv) Lands located within incorporated cities or towns;

 

(v) A division which is created by the sale or otherdisposition of land to the state of Wyoming or any political subdivisionthereof;

 

(vi) A division which affects railroad rights-of-way;

 

(vii) A division which is a sale or other disposition of land foragricultural purposes or affects the alignment of property lines foragricultural purposes;

 

(viii) A division which is created by boundary line adjustmentswhere the parcel subject of the sale or other disposition is adjacent to andmerged with other land owned by the grantee;

 

(ix) A division which creates cemetery lots;

 

(x) A division which is created by the acquisition of aninterest in land in the name of the husband and wife or other persons in jointtenancy or as tenants in common, and the interest shall be deemed for purposesof this subsection as only one (1) interest;

 

(xi) A division of land creating a parcel five (5) acres or lessfor the purpose of establishing unmanned communication facilities, compressorstations, metering stations, fiber optic booster stations or similar unmannedfacilities;

 

(xii) A division which creates a cluster development pursuant toand in accordance with article 4 of this chapter;

 

(xiii) The sale or disposition of separate parcels of land thatwere separate when lawfully created or conveyed and which have not beencombined by a recorded instrument of conveyance signed by all of the owners.

 

(b) Except as provided in W.S. 18-5-316, this article shall notapply to the sale or other disposition of land where the parcels involved arethirty-five (35) acres or larger, subject to the requirement that ingress andegress and utility easements shall be provided to each parcel by binding andrecordable easements of not less than forty (40) feet in width to a public roadunless specifically waived by the grantee or transferee in a binding andrecordable document.

 

18-5-304. Subdivision permit required.

 

Noperson shall sell land subject to subdivision regulation under this article,record a plat or commence construction of a subdivision without first obtaininga subdivision permit pursuant to W.S. 18-5-306 or, if applicable, W.S. 18-5-316from the board of the county in which the land is located.

 

18-5-305. Enforcement; rules and regulations.

 

Each board shall enforce this article andin accordance with the Wyoming Administrative Procedure Act shall adopt suchrules and regulations as necessary to implement the provisions of and to insurecompliance with the intent and purposes of this article.

 

18-5-306. Minimum requirements for subdivision permits.

 

(a) The board shall require, and with respect to paragraph(xii) of this subsection may require, the following information to be submittedwith each application for a subdivision permit, provided the board may by ruleexempt from any of the following requirements of this subsection or subsection(c) of this section and may exempt from paragraph (xii) of this subsection thesubdivision of one (1) or more units of land into not more than a total of five(5) units of land:

 

(i) Evidence satisfactory to the board that the proposedsubdivision complies with any applicable zoning or land use regulations;

 

(ii) A survey plat submitted by the subdivider containing thefollowing:

 

(A) Date of preparation, scale and north arrow;

 

(B) The location of the subdivision including the section,township and range;

 

(C) The location and dimension of existing and proposedstreets, alleys, roads, highways, public ways, utility rights-of-way,easements, parks and the location of proposed permanent buildings andstructures if known.

 

(iii) Evidence satisfactory to the board that:

 

(A) The subdivider or his agent who offers any part of thesubdivision for sale or who solicits any offers for the purchase thereof, mayconvey merchantable title subject only to noted reservations or restrictions ofrecord and subject only to a proportionate share of real property taxes orassessments charged or assessed for the year in which any such sale may belegally effected; or

 

(B) Binding arrangements have been made by the person or hisagent who offers any part of the subdivision for sale, to assure purchasers ofany part of the subdivision that upon full payment of the purchase price a deedcan and will be delivered conveying merchantable title subject only to notedreservations or restrictions of record and subject only to a proportionateshare of such taxes and assessments thereon as may be levied or assessed forthe year in which the sale may be legally effected.

 

(iv) A study evaluating the sewage system proposed for thesubdivision and the adequacy and safety of the system. The study shall, at aminimum, include the following:

 

(A) Identification of the type of sewage system to serve thesubdivision and identification of the entity or entities responsible for thedesign, construction, operation and maintenance of the proposed facility;

 

(B) For all types of sewage systems except individual on-lotsewage systems, a report submitted by the subdivider as to the adequacy andsafety of the proposed sewage system. The report shall address, at a minimum,the following issues:

 

(I) An assessment of the adequacy of the proposed sewage systemin relation to the proposed population density of the subdivision and any otherexisting or proposed land and water uses in the vicinity of the subdivisionthat may affect the adequacy of the system;

 

(II) An estimate of the total number of gallons per day ofsewage generated by the proposed subdivision where a central sewage system isproposed;

 

(III) A demonstration that technical requirements and designstandards of the department of environmental quality applicable to centralsewage systems can and will be met;

 

(IV) Where utilization of or connection to an existing privateor public sewage system is proposed, documentation that application to suchentity has been made and that the entity can and will provide service;

 

(V) A detailed demonstration that the proposed sewage systemfor the subdivision is compatible with the proposed water supply system for thesubdivision. The study shall demonstrate that the operation of the sewagesystem will not affect the suitability or safety of the proposed water supplysystem and a determination of the potential impacts of downgradient use of groundwater;

 

(VI) Demonstration that the proposed sewage system will meet allcounty, state and federal standards. The demonstration shall address therelationship of the development to any local or state approved water qualitymanagement plans established pursuant to section 201 of the federal Clean WaterAct, 33 U.S.C. section 1281 and demonstrate no conflict exists with any stateapproved local wellhead protection plan or local source water protection planestablished pursuant to the federal Safe Drinking Water Act.

 

(C) Where individual on-lot sewage systems are proposed by thesubdivider, a report submitted by the subdivider shall document the safety andadequacy of the proposed on-lot sewage systems including the following:

 

(I) Adequacy of separation distances;

 

(II) Separation of drainfield relative to groundwater andimpervious soils;

 

(III) Suitability of the subdivision soil conditions;

 

(IV) Suitable topography;

 

(V) Proposed population density;

 

(VI) Protection of groundwater uses; and

 

(VII) Watersheds located on or draining into, under or over theproposed subdivision.

 

(D) Where individual on-lot sewage systems are proposed, thewords "NO PROPOSED CENTRALIZED SEWAGE SYSTEM," in bold capitalletters shall appear on all offers, solicitations, advertisements, contracts,agreements and plats relating to the subdivision.

 

(v) If the subdivider proposes to utilize adjoining propertyfor sewers, drainage, sewer lines, power lines or other utilities, thesubdivider shall provide copies of binding easements of not less than twenty(20) feet in width for the proposed facilities from each property owner overwhose land such services shall extend and shall provide a minimum accessroadway right-of-way of sixty (60) feet to the subdivision for all public ways;

 

(vi) A study evaluating the water supply system proposed for thesubdivision and the adequacy and safety of the system. The study shall, at aminimum, include the following:

 

(A) Identification of the type of water supply system proposedto serve the subdivision and identification of the entity or entitiesresponsible for the design, construction, operation and maintenance of theproposed facility;

 

(B) For all water supply systems except individual on-lotwells, a report submitted by the subdivider demonstrating the adequacy andsafety of the proposed water supply system. The report shall address, at aminimum, the following issues:

 

(I) The estimated total number of gallons per day for thesubdivision water supply system;

 

(II) Documentation that the proposed water supply system will becompatible with and not adversely affected by the sewage system proposed forthe subdivision or any other sources of pollution within a reasonable distance;

 

(III) List of all surface and groundwater rights which will beused or which may be affected, including state engineer application and permitnumbers and description of expected effects;

 

(IV) Plans for the mitigation of water right conflicts resultingfrom the use of water within the proposed subdivision;

 

(V) When connecting to an existing water supply system, thereport shall also contain:

 

(1) Documentation that public or private water suppliers can and will supply waterto the proposed subdivision, stating the amount of water available for use withinthe subdivision and the feasibility of extending service to that area;

 

(2) Documentation concerning the potability of the proposed water supply for thesubdivision.

 

(VI) Where a centralized water supply system is proposedcontaining a new source of water supply to be developed, the report shall alsodemonstrate that the water supply system is sufficient in terms of quality,quantity and dependability and will be available to ensure an adequate watersupply system for the type of subdivision proposed. The report shall include anarrative summary of:

 

(1) Where the watersupply system source is derived from groundwater, the geologic setting of thewater supply system source and the area of influence such as nearbycommunities, sources of pollution, surface water bodies and aquifers describedby a Wyoming registered professional geologist;

 

(2) The quantity,quality and source of the water to be used including proposed and existingsurface and groundwater facilities and their locations. Where the proposedwater supply system for the subdivision is from a groundwater source, a writtenreport submitted by the subdivider demonstrating that the proposed source issufficient in terms of quality, quantity and dependability for the type ofsubdivision proposed;

 

(3) The proposeddisposal of water not consumed, including water obtained under permits, stormdrainage, dewatering, sewage and other wastewater sources;

 

(4) A delineation ofprimary sources of water, secondary sources and occasional or seasonal sources;

 

(5) Graphic location ofall water supply sources including wells, raw water intakes, treatmentfacilities, treated water storage facilities and ponds;

 

(6) Documentation ofall data sources on the occurrence and availability of surface and groundwater;

 

(7) Historic streamflows and well levels;

 

(8) Senior waterrights;

 

(9) Flood damage andflood protection;

 

(10) Impact of andprotection from supply shortages.

 

(C) Where individual on-lot wells are proposed as the watersupply system, a report submitted by the subdivider demonstrating the safetyand adequacy of the water supply system shall address, at a minimum, thefollowing:

 

(I) The estimated total number of gallons per day for thesubdivision;

 

(II) Information relative to the potential availability andquality of groundwater proposed within the subdivision which may consist of newdata, existing data on other working wells in the area, or other data,including drilling logs, from a test well drilled within the proposedsubdivision indicating soil types, depth, quantity and quality of waterproduced in the test well;

 

(III) Documentation that the proposed water supply system will becompatible with and not adversely affected by the sewage system proposed forthe subdivision or any other sources of pollution within a reasonable distance;

 

(IV) List of all surface and groundwater rights which will beused or which may be affected, including state engineer application and permitnumbers, and description of expected effects; and

 

(V) Plans for the mitigation of water right conflicts resultingfrom the use of water within the proposed subdivision.

 

(D) Where individual on-lot wells are proposed, the words"NO PROPOSED CENTRAL WATER SUPPLY SYSTEM," in bold capital lettersshall appear on all offers, solicitations, advertisements, contracts,agreements and plats relating to the subdivision.

 

(vii) Documentation satisfactory to the board that adequateaccess has been provided and that all proposed streets, alleys and roadwayswithin the subdivision conform to the minimum standards adopted by the boardand applied uniformly throughout the county which shall not in itselfconstitute consent of the board to locate, repair or maintain roadways andfacilities. If, however, the subdivider proposes to make any streets, alleys orroadways private, then the subdivider shall submit to the board properlyacknowledged written certification that certain streets, alleys or roadwayswithin the subdivision shall remain private and the board shall be under noobligation to repair, maintain or accept any dedication of such roads to thepublic use. If no such public maintenance is contemplated, the subdivider shallput a legend on the plat of the subdivision, on all advertisements andsolicitations for the subdivision and on all offers, contracts or agreementsfor the sale and purchase of lots within the subdivision showing the streets,alleys and roadways showing in capital letters "NO PUBLIC MAINTENANCE OFSTREETS OR ROADS";

 

(viii) Documentation satisfactory to the board that the subdividerhas adequate financial resources to develop and complete any facility proposedor represented to be the responsibility of the subdivider, including but notlimited to water supply systems, sewage systems, streets and roadways. Theapplicant shall provide a performance bond, acceptable letter of credit orother sufficient financial commitment to assure that any facilities proposed orrepresented to be part of the subdivision will in fact be completed asproposed, or escrow sufficient monies out of land sales to guarantee that theabove facilities are installed. The amount of any bond or other financialcommitment or escrow required under this paragraph shall reflect the estimatedcosts of providing the facilities;

 

(ix) Proof that the applicant has published notice of his intentto apply for a permit once each week for two (2) weeks within thirty (30) daysprior to filing his application. The notice shall include the name of thesubdivider and the general location of the land to be subdivided;

 

(x) Any other information consistent with this article and theboard's published rules and regulations which the board deems pertinent orrelevant to the evaluation of the application;

 

(xi) With respect to any water rights appurtenant to lands to besubdivided in accordance with this chapter and prior to final approval of thesubdivision the subdivider shall provide:

 

(A) Evidence that the subdivider has submitted to the stateengineer the documentation necessary to relinquish the water rights and hasnotified purchasers and the board of this action; or

 

(B) Evidence that the subdivider has submitted to the stateengineer the documentation necessary to change the use, place of use or pointof diversion to provide for beneficial use of the water rights outside thesubdivision; or

 

(C) A plan, a copy of which was submitted to and approved bythe state engineer prior to the final approval of the subdivision application,for the distribution of the water rights appurtenant to the land to besubdivided. The plan shall specify the distribution of the water to the lotswithin the subdivision and shall include all appropriate applications forchange of use, change of place of use or change in point of diversion or meansof conveyance in accordance with W.S. 41-3-103, 41-3-104 or 41-3-114; and

 

(D) If the subdivision is located within lands, served by orcrossed by a ditch, irrigation company or association or by an unorganizedditch, evidence that the plan has been submitted, at least sixty (60) daysprior to the submittal of the application for the subdivision permit to thecompany, or association, or the remaining appropriators in the case of anunorganized ditch for their review and recommendations;

 

(E) Evidence that the subdivider will specifically state on alloffers and solicitations relative to the subdivision his intent to comply withthis paragraph and that the seller does not warrant to a purchaser that heshall have any rights to the natural flow of any stream within or adjacent tothe proposed subdivision. He shall further state that the Wyoming law does notrecognize any riparian rights to the continued natural flow of a stream orriver for persons living on the banks of the stream or river;

 

(F) If the subdivision is located within the boundaries of anirrigation district that is subject to the provisions of title 41, chapter 7 ofthe Wyoming statutes, the application shall include a review andrecommendations from the irrigation district regarding the attached waterrights and the irrigation district's easements. If there is a conflict with theirrigation district's recommendations, the applicant shall certify that it hasmet with and made a good faith effort to resolve any conflicts with theirrigation district;

 

(G) If the subdivision will create a significant additionalburden or risk of liability to the irrigation district, company, association orremaining appropriators including appropriators on an unorganized ditch, theapplicant shall provide an adequate and responsible plan to reduce or eliminatethe additional burden or risk of liability.

 

(xii) Evidence that all parcels of land created by thesubdivision will be subject to written and recorded covenants or otherinstruments creating an entity, binding on subsequent owners of the land withinthe subdivision. The entities that may be used include, but are not limitedto, special improvement districts, homeowners associations and mutual benefitcorporations. The board shall not mandate the creation of an entity with the abilityto interfere with any owner's ability to use his private property, except tocollect any assessment. The entity shall have the ability to address thefollowing topics:

 

(A) Maintenance and responsibility for common areas, roads andwater supply systems and assessments against all parcels of land in thesubdivision to defray the costs thereof;

 

(B) Continued management of the entity.

 

(b) The board shall require the applicant to obtain review andrecommendations from the local conservation district regarding soilsuitability, erosion control, sedimentation and flooding problems. The reviewand recommendations shall be completed within sixty (60) days.

 

(c) Upon receipt of a subdivision permit application filed witha county and prior to subdivision permit approval, the county or subdividershall send three (3) copies of the portions of the application prepared underthis section to the department of environmental quality for review of thesafety and adequacy of the proposed sewage system and proposed water supplysystem. The review shall be conducted in accordance with the followingguidelines:

 

(i) The department may request assistance from the stateengineer, the Wyoming water development office and any other state agency orlocal governmental entity in preparing its review. Any agency or entityrequested to assist in the review shall fully cooperate to the extent possiblewith the department and shall furnish the information or recommendationsrequested within the time period specified by the department;

 

(ii) To the extent requested by a county government, theadministrator of the water quality division, with the approval of the directorof the department of environmental quality, shall delegate authority to thecounty to review any reports or studies required by this section directed atdetermining the safety and adequacy of the proposed sewage or water supplysystem contained as part of a subdivision application. Any authority delegatedunder this section shall be subject to the following conditions:

 

(A) The county entity shall demonstrate to the administrator ofthe water quality division that all sewage or water supply systems will bereviewed by a qualified professional with expertise in surface and groundwaterprotection from pollution and safe and adequate water supply systems;

 

(B) The local government shall demonstrate that the review ofwater supply and sewage systems will be in a manner as stringent as thedepartment of environmental quality would require under this section;

 

(C) The review of subdivisions with a proposed sewage systemconsisting of wastes requiring an underground injection control permit underdepartment of environmental quality regulations or sewage systems with aproposed surface water discharge shall not be delegated to the county; and

 

(D) The administrator shall periodically review theadministrative programs of each county governmental entity receiving adelegation of authority under this section and may, with the consent of thedirector, revoke or temporarily suspend the delegation agreement entered intowith any entity which has failed to perform its delegated duties or hasotherwise violated the terms of its agreement of delegation.

 

(iii) The department shall file its written comments andrecommendations on the application with the commission or board within thirty(30) days after receipt of the application. The department may extend itsreview period for an additional thirty (30) days if an extension is necessaryto complete the review.

 

(d) If the permit is approved the board shall require theapplicant to put a legend on the plat and on all offers, contracts oragreements for the sale and purchase of lots within the subdivision showing incapital letters "THE SURFACE ESTATE OF THE LAND TO BE SUBDIVIDED ISSUBJECT TO FULL AND EFFECTIVE DEVELOPMENT OF THE MINERAL ESTATE".

 

18-5-307. Planning commission may receive applications and makerecommendations.

 

Theboard may allow the county planning and zoning commission authorized under theprovisions of W.S. 18-5-201 through 18-5-206 as the proper agency to receiveand evaluate applications for subdivision permits. If so authorized theplanning commission shall receive the materials required by this article andshall submit a copy of the application to the department of environmentalquality for review as provided by W.S. 18-5-306(c) and, if applicable, to thefire protection district, fire protection authority or the nearest fireprotection district as provided by W.S. 18-5-316(d). The commission shall makefindings and recommendations to the board concerning an application withinforty-five (45) days from the date the department of environmental qualitysubmits its recommendation to the commission or from the date when therecommendation is due if no recommendation is made, whichever is earlier. If noaction is taken by the planning commission within that time the plat is deemedto be approved by the planning commission.

 

18-5-308. Approval by the board.

 

(a) The board shall approve or disapprove the subdivisionapplication and issue a subdivision permit or ruling:

 

(i) Within forty-five (45) days afterreceiving a report from the planning commission; or

 

(ii) If no planning and zoning commission has been appointed,within sixty (60) days after the department of environmental quality submitsits recommendation to the board or from the date when the recommendation is dueif no recommendation is made, whichever is earlier.

 

(b) If any part of the subdivision lies within one (1) mile ofthe boundaries of an incorporated city or town the approval of the governingbody of the city or town must also be obtained in accordance with W.S.34-12-103.

 

(c) If a subdivision application is approved by the boardnotwithstanding an adverse recommendation by the department of environmentalquality, the subdivider shall furnish to all potential purchasers a copy of thedepartment's recommendation prior to sale. The subdivider need not furnish thepotential buyer with a copy of the department's recommendation if the board inapproving the subdivision enters a written finding that the subdivider hascorrected the inadequacy set forth in the department's recommendation. Anyperson violating this subsection is subject to the penalty provided by W.S.18-5-314.

 

18-5-309. Permit fee.

 

Eachapplication for a subdivision permit shall be accompanied by a reasonable feenot to exceed the cost of processing the application as determined by theboard. All fees collected shall be credited to the county general fund.

 

18-5-310. Repealed By Laws 2001, Ch. 169, 1, Ch. 208, 2.

 

18-5-311. Investigatory powers.

 

 

(a) If the board has reason to believe that a person hasengaged in activity which violates any provision of this article it shall makean investigation and may administer oaths or affirmations and upon its ownmotion or upon request of any party may subpoena witnesses, compel theirattendance, adduce evidence and require the production of any matter which isrelevant to the investigation, including the existence, description, nature,custody, condition and location of any books, documents or other tangiblethings and the identity and location of persons having knowledge of relevantfacts or any other matter reasonably calculated to lead to the discovery ofadmissible evidence.

 

(b) If any person subject to the provisions of this article hasrecords required in W.S. 18-5-311(a) located outside this state, the personshall either make them available directly to the board or pay the reasonableand necessary expenses for the board or its representative to examine them atthe place where they are maintained. The board may designate representatives,including comparable officials of the state in which the records are located,to inspect them on the board's behalf.

 

(c) Upon failure without lawful excuse to obey a subpoena or togive testimony and upon reasonable notice to all persons affected thereby, theboard may apply to any district court for an order compelling compliance.

 

18-5-312. Enforcement.

 

Theprovisions of this article are enforceable by all appropriate legal remediesincluding but not limited to injunctive relief or a writ of mandamus. Uponfailure or refusal of any county attorney to act upon a violation of theprovisions of this article, the attorney general at the request of the boardshall initiate civil or criminal proceedings to enforce the provisions of thisarticle.

 

18-5-313. False statement or misrepresentation; penalty.

 

Anyperson who knowingly authorizes, directs or aids in the publication,advertisement, distribution or circulation of any false statement ormisrepresentation concerning any subdivision for sale in this or any otherstate, and every person with knowledge that any such advertisement, prospectus,pamphlet or letter concerning land or any subdivision thereof contains anywritten statement that is false or fraudulent in any material part or whoissues, circulates, publishes or distributes the same or causes the same to becirculated, published or distributed shall upon conviction be imprisoned for aperiod not to exceed thirty (30) days or be fined not to exceed five hundreddollars ($500.00). Each day of violation constitutes a new offense.

 

18-5-314. Penalties.

 

Anyperson who willfully violates any provision of this article or any rule or orderissued under this article shall upon conviction be fined not more than fivehundred dollars ($500.00) or imprisoned in a county jail for not more thanthirty (30) days or both. Each day of violation constitutes a new offense.

 

18-5-315. Provisions minimum.

 

Ifany board has or enacts resolutions or regulations which impose requirements onsubdividers or subdivisions which are more restrictive than the provisions ofthis article, the authority to enact such local resolutions or regulationsbeing hereby granted, the local provisions are not superseded by the provisionsof this article.

 

18-5-316. Requirements for large acreage subdivision permits.

 

(a) Except as otherwise provided, a county may, by resolution,elect to apply the provisions of this article on a uniform basis to the sale ordisposition of any land where the subdivision creates parcels that arethirty-five (35) acres or larger and up to one hundred forty (140) acres.Except as provided in this subsection, each lawfully recorded parcel of land onJuly 1, 2008 shall be exempted from all provisions of this section other thancompliance with paragraphs (i) through (iii) of this subsection and W.S.18-5-317 and shall be allowed to be divided into not more than ten (10) parcelsof one hundred forty (140) acres or less in size, provided that each new orremaining parcel is no less than thirty-five (35) acres. Parcels createdpursuant to this exemption may be created at any time and may be created over aperiod of years through separate transactions. In no case, however, shall thisexemption be used to create more than ten (10) parcels of land from eachoriginal parcel and each parcel created after July 1, 2008 shall be subject tothis section and W.S. 18-5-317 as otherwise provided in this section. Boundaryadjustments between or among parcels shall not be considered as a division ofproperty subject to the limitations in this section. If a county elects toapply this article to sales or dispositions where the subdivision createsparcels that are thirty-five (35) acres or larger and up to one hundred forty(140) acres, unless the property is exempted under this subsection, thesubdivider shall obtain a subdivision permit pursuant to this section. Theprovisions of W.S. 18-5-306 and 18-5-315 shall not be applicable to asubdivision of land under this section but nothing in this sentence shallprohibit application of lawfully adopted zoning provisions. Before grantingthe exemption provided in this subsection the board may require the personseeking the exemption to submit any or all of the following:

 

(i) A legal description or recordable survey containing thefollowing:

 

(A) Date of preparation, scale and north arrow;

 

(B) The location of the subdivision units including thesection, township and range;

 

(C) The location and dimension of access and utilitieseasements, which shall conform to the requirements of W.S. 18-5-303(b).

 

(ii) Evidence of compliance with paragraph (b)(ix) of thissection;

 

(iii)(A) If a centralized water supply system is proposed for thesubdivision, a study evaluating the water supply system proposed and theadequacy and safety of the system. The study shall include informationrelative to the potential availability and quality of groundwater proposedwithin the subdivision which may consist of new data, existing data on otherworking wells in the area, or other data, including drilling logs, from a testwell drilled within the subdivision indicating soil types, depth, quantity andquality of water produced in the test well;

 

(xiii) The sale or disposition of separate parcels of land thatwere separate when lawfully created or conveyed and which have not beencombined by a recorded instrument of conveyance signed by all of the owners.

 

18-5-501. Definitions.

 

(a) As used in this article:

 

(b) The board may require any or all of the followinginformation to be submitted with an application for a subdivision permitpursuant to this section:

 

(i) Evidence that the proposed subdivision complies with anyapplicable zoning regulations;

 

(ii) A survey plat submitted by the subdivider containing thefollowing:

 

(A) Date of preparation, scale and north arrow;

 

(B) The location of the subdivision including the section,township and range;

 

(C) The location and dimension of existing and proposed lots,units, tracts, parcels, streets, alleys, roads, highways, public ways, utilityrights-of-way, easements, parks and the location of proposed permanentbuildings and structures if known.

 

(iii) Evidence that:

 

(A) The subdivider or his duly authorized agent who offers anypart of the subdivision for sale or who solicits any offers for the purchasethereof, may convey merchantable title subject only to noted reservations orrestrictions of record and subject only to a proportionate share of realproperty taxes or assessments charged or assessed for the year in which anysuch sale may be legally effected; or

 

(B) Binding arrangements have been made by the person or hisduly authorized agent who offers any part of the subdivision for sale, toassure purchasers of any part of the subdivision that upon full payment of thepurchase price a deed can and will be delivered conveying merchantable titlesubject only to noted reservations or restrictions of record and subject onlyto a proportionate share of such taxes and assessments thereon as may be leviedor assessed for the year in which the sale may be legally effected.

 

(iv) A study evaluating the sewage system proposed for thesubdivision and the adequacy and safety of the system. Where individual on-lotsewage systems are proposed, the words "NO PROPOSED CENTRALIZED SEWAGESYSTEM," in bold capital letters shall appear on all offers, contracts,agreements and plats relating to the subdivision;

&nbs


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title18 > Chapter5

CHAPTER 5 - Planning and Zoning

 

ARTICLE 1 - COUNTY PLANNING COMMISSION

 

18-5-101. Definition of "unincorporated".

 

Asused in W.S. 18-5-101 through 18-5-107, the word "unincorporated"means situated outside of cities and towns and when used with"territory" or "areas" it means territory or areas whichare one (1) mile from the limits of a town or city having a population of twothousand (2,000) or less, two (2) miles from the limits of a town or cityhaving a population between two thousand (2,000) and three thousand (3,000) andthree (3) miles from the limits of a town or city having a population of threethousand (3,000) or over.

 

18-5-102. Powers of county commissioners.

 

Eachboard of county commissioners may provide for the physical development of theunincorporated territory within the county by zoning all or any part of theunincorporated territory.

 

18-5-103. Appointment of county planning commission; composition;powers and duties generally.

 

 

(a) To avail itself of the powers conferred by W.S. 18-5-101through 18-5-107 the board of county commissioners shall appoint a countyplanning commission. The chairman of the board of county commissioners shall bean ex officio member of the commission. Other members of the commission shallown real property situated therein. The mayors of the incorporated communitieswithin the county or their designees shall be members of the commission.

 

(b) The county planning commission shall recommend theboundaries of the various original districts and appropriate regulations to beenforced. The commission shall make a preliminary report and hold publichearings thereon before submitting its final report, and the board of countycommissioners shall not hold its public hearings or take action until it hasreceived a final report of the commission.

 

(c) The county planning commission shall use expert advice andinformation which may be furnished without cost by appropriate federal, state,county and municipal officials, departments and agencies. All state officials,departments and agencies having information, maps and data pertinent to countyplanning or zoning are directed to make the same available for the use of thecounty planning commission and to furnish other technical assistance and advicethey have available without additional cost to the county or municipality.

 

18-5-104. Duties of board of county commissioners; election forestablishment of zoning district.

 

 

(a) The board of county commissioners shall determine howregulations, restrictions and boundaries of the districts shall be establishedand enforced, and how they may be amended, supplemented or changed.

 

(b) The board of county commissioners in which the proposedzoning district is situated shall order an election to be held sixty (60) daysafter they have determined by resolution that the health, safety and welfare ofthe people in the proposed zoning district requires such protection. Theelection shall be on the question of the organization and establishment of thedistrict. The board of county commissioners shall publish notice of election,stating the purpose, describing the area and time and place of the election ina newspaper published in the county. The notice shall be inserted once weeklyfor four (4) weeks preceding the day of election. Ballots shall be prepared forthe residents of the district and the qualifications of electors shall be thesame as for general elections. The voting shall be conducted insofar aspossible in the same manner as provided by law for general elections. Theelection shall be deemed carried if the voting residents of the area approvethe same by a majority vote. If the proposed zoning district does not includeany residents the county commissioners may establish the district.

 

18-5-105. Purpose of zoning; regulation of sanitary facilities;division of county into zones; building permits required.

 

(a) The purpose of zoning is to conserve and promote the publichealth, safety and welfare of the citizens of the county. The board of countycommissioners shall provide by resolution for the regulation of sanitaryfacilities for buildings and other structures. "Sanitary facilities"means domestic water supplies, sewage disposal, rodent and insect control andthe storage, collection and disposal of garbage and refuse.

 

(b) In order to accomplish the regulation of sanitaryfacilities the board of county commissioners shall divide the unincorporatedterritory of the county into zones as recommended by the county planningcommission and shall regulate the erection, construction, reconstruction,alteration and uses of sanitary facilities to conform with the minimumrequirements established by regulations of the public health authority havingjurisdiction in each zone.

 

(c) It is unlawful to erect, construct, reconstruct, alter orchange the sanitary facilities of any building or other structure within thezone without obtaining a building permit. The building permit shall not beissued unless the plans for the proposed sanitary facilities fully conform toall regulations then in effect. No building permit shall be issued forstructures in areas not adequately served by water or sewerage systems untilthe proposed sanitary facilities have been approved by the public healthauthority having jurisdiction in the area.

 

18-5-106. Powers of county commissioners upon appeal; appeal fromcommissioners to district court and supreme court.

 

(a) The board of county commissioners has the following powersupon appeal to it from acts of the county planning commission or regulationspromulgated in accordance with W.S. 18-5-101 through 18-5-107:

 

(i) To hear and decide appeals where it is alleged there iserror in an order, requirement, decision or determination made by anadministrative official in the enforcement of W.S. 18-5-101 through 18-5-107 orany regulation adopted pursuant thereto;

 

(ii) To hear and decide exceptions to the terms of anyregulation requiring board action;

 

(iii) To authorize in specific cases a variance from theregulation when not contrary to the public welfare. The variance may be grantedwhen special conditions and a literal enforcement of the regulation results inunnecessary hardship.

 

(b) The decision of the county commissioners upon any exceptionmade may be reviewed by the district court of the county upon appeal takenthereto in the same manner as an appeal from circuit courts in civil cases. Thecounty clerk shall prepare a transcript of the case upon payment of the samefee as required for a transcript from a circuit court, and the district courtshall consider the case upon the issues shown in the transcript. At the timethe transcript is filed with the clerk of the district court, the appellantshall execute and file a sufficient bond in a penal sum of two hundred dollars($200.00) with at least two (2) sureties approved by the clerk of courtconditioned to prosecute the appeal without delay and if unsuccessful to payall costs incurred by the county because of the appeal. The appellant shallwithin three (3) days after the transcript is filed in the district court givewritten notice to the county attorney that the transcript is filed. The noticeshall state a time not less than three (3) days from the time of service whenthe appellant shall request a hearing and the district court shall at such timeor at a future time as fixed by order of the court, hear and determine theappeal. If at the hearing it appears to the court that testimony is necessaryfor the proper disposition of the matter it may take evidence or appoint a refereeto take such evidence as it may direct and report the same to the court withhis findings of fact and conclusions of law which shall constitute a part ofthe proceedings upon which the determination of the court is made. The courtmay reverse, modify or affirm the decision brought for review. An appeal liesto the supreme court from the judgment of the district court in the same manneras provided for civil actions.

 

18-5-107. Violation of provisions.

 

Ifa building, structure or facility is erected, constructed, reconstructed,altered, repaired, converted or maintained, or any building, structure or landis used in violation of the provisions of W.S. 18-5-101 through 18-5-107 or ofany regulation made thereunder, the proper local authorities of the county, inaddition to remedies which may be prescribed by local regulations, mayinstitute any appropriate legal action to prevent or abate such unlawful acts.

 

ARTICLE 2 - PLANNING AND ZONING COMMISSION

 

18-5-201. Authority vested in board of county commissioners;inapplicability of chapter to incorporated cities and towns and mineralresources.

 

To promote the public health, safety,morals and general welfare of the county, each board of county commissionersmay regulate and restrict the location and use of buildings and structures andthe use, condition of use or occupancy of lands for residence, recreation,agriculture, industry, commerce, public use and other purposes in theunincorporated area of the county. However, nothing in W.S. 18-5-201 through18-5-208 shall be construed to contravene any zoning authority of anyincorporated city or town and no zoning resolution or plan shall prevent anyuse or occupancy reasonably necessary to the extraction or production of themineral resources in or under any lands subject thereto.

 

18-5-202. Planning and zoning commission; composition; residencyrequirements, terms and removal of members; vacancies; rules; record; meetingsto be public; secretary; preparation and amendments; purpose; certificationsand hearing; amendments.

 

(a) Each board of county commissioners may by resolution createand establish a planning and zoning commission. The commission shall becomposed of five (5) members appointed by the board at least three (3) of whomshall reside in the unincorporated area of the county, provided that thisprovision shall not affect the membership composition of any existingcommission. The terms of the members appointed to the first planning and zoningcommission shall be of such length and so arranged that the terms of one (1)member will expire each year, and thereafter each member shall be appointed fora term of three (3) years. Any member of the commission may be removed forcause other than politics or religion and after public hearing by the board ofcounty commissioners. If a vacancy occurs in the commission the board of countycommissioners shall fill the vacancy by appointment for the unexpired term. Theplanning and zoning commission shall organize within thirty (30) days after itsestablishment, shall adopt rules for the transaction of its business and keep arecord of its actions and determinations. Three (3) members shall constitute aquorum for the transaction of business. All meetings, records and accounts ofthe commission shall be public. The board of county commissioners shalldesignate the county clerk, another county employee or a member of the planningand zoning commission to serve as secretary to the commission. The secretaryshall keep the record of commission actions in accordance with statute.

 

(b) The planning and zoning commission may prepare and amend acomprehensive plan including zoning for promoting the public health, safety,morals and general welfare of the unincorporated areas of the county, andcertify the plan to the board of county commissioners. Before certifying itsplan or amendments thereto to the board the commission shall hold at least one(1) public hearing. Notice of the time and place of hearing shall be given byone (1) publication in a newspaper of general circulation in the county atleast thirty (30) days before the date of the hearing. Any person may petitionthe planning and zoning commission to amend any zoning plan adopted under theprovisions of W.S. 18-5-201 through 18-5-208.

 

(c) The planning and zoning commission shall preparerecommendations to effectuate the planning and zoning purposes and certify itsrecommendations to the board of county commissioners. Before adopting therecommendations the board shall hold at least one (1) public hearing. Notice ofthe time and place of hearing shall be given by one (1) publication in anewspaper of general circulation in the county at least fourteen (14) daysbefore the date of the hearing. After public hearing has been held, the boardshall vote upon the adoption of the planning or zoning recommendation. Noplanning or zoning recommendation shall be adopted unless a majority of theboard votes in favor thereof.

 

18-5-203. Certificate required to locate buildings or use land withinzoning resolution; issuance and denial; appeal upon denial.

 

Itis unlawful to locate, erect, construct, reconstruct, enlarge, change, maintainor use any building or use any land within any area included in a zoningresolution without first obtaining a zoning certificate from the board ofcounty commissioners and no zoning certificate shall be issued unless the plansfor the proposed building, structure or use fully comply with the zoningregulations then in effect. The board of county commissioners shall actpromptly upon any application filed with it and shall grant certificates whenthe proposed construction or use complies with the requirements of the zoningresolution. If it denies the application, the board shall specify the reasonsfor such denial. The decision of the board of county commissioners may bereviewed by the district court and by the supreme court upon appeal in the samemanner as provided in W.S. 15-1-609, for review of decisions of boards ofadjustment.

 

18-5-204. Violation of W.S. 18-5-202(c); continuing violation.

 

Noperson shall locate, erect, construct, reconstruct, enlarge, change, maintainor use any building or use any land in violation of a resolution or amendmentadopted by any board of county commissioners under W.S. 18-5-202(c). Each day'scontinuation of such violation is a separate offense.

 

18-5-205. Enforcement of zoning resolution by injunction, mandamus orabatement; appeal.

 

Anyzoning resolution passed by the board pursuant to W.S. 18-5-202(b) and (c) isenforceable in addition to other remedies provided by law by injunction,mandamus or abatement.

 

18-5-206. Penalty for violation of W.S. 18-5-201 through 18-5-204.

 

Whoeverviolates any provision of W.S. 18-5-201 through 18-5-204 shall be fined notmore than seven hundred fifty dollars ($750.00) for each offense.

 

18-5-207. Continuation of existing uses; effect of alteration oraddition; future use after discontinuation of nonconforming use.

 

Azoning resolution enacted under the provisions of W.S. 18-5-201 through18-5-206 shall not prohibit the continuance of the use of any land, building orstructure for the purpose for which the land, building or structure is used atthe time the resolution is adopted and it is not necessary to secure anycertificate permitting such continuance. However the alteration or addition toany existing building or structure for the purpose of effecting any change inuse may be regulated or prohibited by zoning resolution. If a nonconforming useis discontinued any future use of such land, building or structure shall be inconformity with the provisions of the resolution regulating uses in the area inwhich the land, building or structure is located.

 

18-5-208. Coordination of planning efforts with federal agencies.

 

Theboard of county commissioners of a county which has officially adopted acomprehensive plan pursuant to W.S. 18-5-202(b) may participate in efforts tocoordinate the plan with federal regional forest or other resource managementplans as provided in the Federal Land Policy and Management Act of 1976 andfederal regulations adopted pursuant to that act, including, but not limitedto, Title 36, of the Code of Federal Regulations, part 219.7 and Title 43, ofthe Code of Federal Regulations, part 1610.3.

 

ARTICLE 3 - REAL ESTATE SUBDIVISIONS

 

18-5-301. Authority vested in board of county commissioners.

 

Theregulation and control of the subdivision of land in the unincorporated areasin each county is vested in the board of county commissioners of the county inwhich the land is located. Nothing in this article shall contravene or limitthe authority of any county to regulate and control the subdivision of landpursuant to the provisions of W.S. 18-5-201 through 18-5-207.

 

18-5-302. Definitions.

 

(a) As used in this article:

 

(i) "This article" means W.S. 18-5-301 through18-5-317;

 

(ii) "Board" means the board of county commissionersof the county in which the land sought to be subdivided is located;

 

(iii) "Encumbrance" means a mortgage or other lien ofrecord, securing or evidencing indebtedness and affecting land to be subdividedincluding liens for labor and materials. Taxes and assessments levied by publicauthority are not an encumbrance under this article except such taxes andassessments as may be delinquent;

 

(iv) "Person" means a natural person, firm,corporation, partnership, or association, or any combination of the above, orany other legal or commercial entity;

 

(v) "Sell" or "sale" includes sale asevidenced by the delivery of a deed, contract for deed, lease, assignment, auctionor award by lottery concerning a subdivision or any part of a subdivision. "Sell" or "sale" does not include a contract to sell whichis expressly contingent upon the recording of the final plat by the countyclerk, if all funds paid by the buyer under the contract are escrowed with afinancial institution located in this state or a title company licensed to dobusiness in this state until the final plat is recorded and the seller tendersthe deed or the contract to sell is cancelled or the buyer and seller agreeotherwise in writing;

 

(vi) "Subdivider" means any person who lays out anysubdivision or parts thereof either for the account of the subdivider orothers;

 

(vii) "Subdivision" means the creation or division of alot, tract, parcel or other unit of land for the immediate or future purpose ofsale, building development or redevelopment, for residential, recreational,industrial, commercial or public uses. The word "subdivide" or anyderivative thereof shall have reference to the term subdivision, includingmobile home courts, the creation of which constitutes a subdivision of land;

 

(viii) "Sewage system" means all pipelines, conduits,pumping stations, force mains and other constructions used for collecting orconducting wastes to a treatment plant or disposal system; any plant or otherworks used for the purpose of treating, stabilizing or holding wastes; and anysystem used for disposing of wastes, either by surface or underground methods,including any treatment plant, disposal wells and absorption fields;

 

(ix) "Water supply system" includes development of thesource and all structures for conveyance of raw water to the treatment plant ordelivery systems; all water treatment plants including disinfection facilities;water supply systems used for irrigation and stock water; and all finishedwater delivery systems including pipelines, pumping stations and finished waterstorage facilities;

 

(x) "Parcel" means a contiguous piece of propertylawfully created or conveyed of record as a single piece of property.

 

18-5-303. Exemptions from provisions.

 

(a) Unless the method of sale or other disposition is adoptedfor the purpose of evading the provisions of this article, this article shallnot apply to the following subdivisions of land however, the followingsubdivisions are subject to requirements which may be adopted by the board ofcounty commissioners regarding documentation of the proper use andimplementation of the following exemptions:

 

(i) A division of land made outside of platted subdivisions forthe purpose of a single gift or sale to a member of the landowner's immediatefamily, subject to the following requirements:

 

(A) A member of the immediate family is limited to any personwho is a natural or adopted child, stepchild, spouse, sibling, grandchild,grandparent or parent of the landowner;

 

(B) The purpose of the division is to provide for the housing,business or agricultural needs of the grantee;

 

(C) The land shall have been titled in the name of the grantorfor a period of not less than five (5) years prior to the division and parcelscreated under this paragraph shall be titled in the name of the immediatefamily member for whom the division is made for a period of not less than one(1) year unless such parcels are subject to involuntary transfer including, butnot limited to, foreclosure, death, judicial sale, condemnation or bankruptcy;

 

(D) No parcel smaller than five (5) acres created under thisparagraph shall be further divided unless the owner obtains a subdivision permitpursuant to W.S. 18-5-304;

 

(E) Where the landowner is a corporation and eighty percent(80%) of the shares are held by individuals related by blood or marriage, thesale or gift may be made subject to the provisions of this section to animmediate family member of any shareholder who has owned at least five percent(5%) of the outstanding shares for at least five (5) years continuously beforethe date of the sale or gift.

 

(ii) A division which may be created by any court of this statepursuant to the law of eminent domain, by operation of law or by order of anycourt in this state;

 

(iii) A division which is created by a lien, mortgage, deed oftrust or any other security instrument, easements and rights-of-way;

 

(iv) Lands located within incorporated cities or towns;

 

(v) A division which is created by the sale or otherdisposition of land to the state of Wyoming or any political subdivisionthereof;

 

(vi) A division which affects railroad rights-of-way;

 

(vii) A division which is a sale or other disposition of land foragricultural purposes or affects the alignment of property lines foragricultural purposes;

 

(viii) A division which is created by boundary line adjustmentswhere the parcel subject of the sale or other disposition is adjacent to andmerged with other land owned by the grantee;

 

(ix) A division which creates cemetery lots;

 

(x) A division which is created by the acquisition of aninterest in land in the name of the husband and wife or other persons in jointtenancy or as tenants in common, and the interest shall be deemed for purposesof this subsection as only one (1) interest;

 

(xi) A division of land creating a parcel five (5) acres or lessfor the purpose of establishing unmanned communication facilities, compressorstations, metering stations, fiber optic booster stations or similar unmannedfacilities;

 

(xii) A division which creates a cluster development pursuant toand in accordance with article 4 of this chapter;

 

(xiii) The sale or disposition of separate parcels of land thatwere separate when lawfully created or conveyed and which have not beencombined by a recorded instrument of conveyance signed by all of the owners.

 

(b) Except as provided in W.S. 18-5-316, this article shall notapply to the sale or other disposition of land where the parcels involved arethirty-five (35) acres or larger, subject to the requirement that ingress andegress and utility easements shall be provided to each parcel by binding andrecordable easements of not less than forty (40) feet in width to a public roadunless specifically waived by the grantee or transferee in a binding andrecordable document.

 

18-5-304. Subdivision permit required.

 

Noperson shall sell land subject to subdivision regulation under this article,record a plat or commence construction of a subdivision without first obtaininga subdivision permit pursuant to W.S. 18-5-306 or, if applicable, W.S. 18-5-316from the board of the county in which the land is located.

 

18-5-305. Enforcement; rules and regulations.

 

Each board shall enforce this article andin accordance with the Wyoming Administrative Procedure Act shall adopt suchrules and regulations as necessary to implement the provisions of and to insurecompliance with the intent and purposes of this article.

 

18-5-306. Minimum requirements for subdivision permits.

 

(a) The board shall require, and with respect to paragraph(xii) of this subsection may require, the following information to be submittedwith each application for a subdivision permit, provided the board may by ruleexempt from any of the following requirements of this subsection or subsection(c) of this section and may exempt from paragraph (xii) of this subsection thesubdivision of one (1) or more units of land into not more than a total of five(5) units of land:

 

(i) Evidence satisfactory to the board that the proposedsubdivision complies with any applicable zoning or land use regulations;

 

(ii) A survey plat submitted by the subdivider containing thefollowing:

 

(A) Date of preparation, scale and north arrow;

 

(B) The location of the subdivision including the section,township and range;

 

(C) The location and dimension of existing and proposedstreets, alleys, roads, highways, public ways, utility rights-of-way,easements, parks and the location of proposed permanent buildings andstructures if known.

 

(iii) Evidence satisfactory to the board that:

 

(A) The subdivider or his agent who offers any part of thesubdivision for sale or who solicits any offers for the purchase thereof, mayconvey merchantable title subject only to noted reservations or restrictions ofrecord and subject only to a proportionate share of real property taxes orassessments charged or assessed for the year in which any such sale may belegally effected; or

 

(B) Binding arrangements have been made by the person or hisagent who offers any part of the subdivision for sale, to assure purchasers ofany part of the subdivision that upon full payment of the purchase price a deedcan and will be delivered conveying merchantable title subject only to notedreservations or restrictions of record and subject only to a proportionateshare of such taxes and assessments thereon as may be levied or assessed forthe year in which the sale may be legally effected.

 

(iv) A study evaluating the sewage system proposed for thesubdivision and the adequacy and safety of the system. The study shall, at aminimum, include the following:

 

(A) Identification of the type of sewage system to serve thesubdivision and identification of the entity or entities responsible for thedesign, construction, operation and maintenance of the proposed facility;

 

(B) For all types of sewage systems except individual on-lotsewage systems, a report submitted by the subdivider as to the adequacy andsafety of the proposed sewage system. The report shall address, at a minimum,the following issues:

 

(I) An assessment of the adequacy of the proposed sewage systemin relation to the proposed population density of the subdivision and any otherexisting or proposed land and water uses in the vicinity of the subdivisionthat may affect the adequacy of the system;

 

(II) An estimate of the total number of gallons per day ofsewage generated by the proposed subdivision where a central sewage system isproposed;

 

(III) A demonstration that technical requirements and designstandards of the department of environmental quality applicable to centralsewage systems can and will be met;

 

(IV) Where utilization of or connection to an existing privateor public sewage system is proposed, documentation that application to suchentity has been made and that the entity can and will provide service;

 

(V) A detailed demonstration that the proposed sewage systemfor the subdivision is compatible with the proposed water supply system for thesubdivision. The study shall demonstrate that the operation of the sewagesystem will not affect the suitability or safety of the proposed water supplysystem and a determination of the potential impacts of downgradient use of groundwater;

 

(VI) Demonstration that the proposed sewage system will meet allcounty, state and federal standards. The demonstration shall address therelationship of the development to any local or state approved water qualitymanagement plans established pursuant to section 201 of the federal Clean WaterAct, 33 U.S.C. section 1281 and demonstrate no conflict exists with any stateapproved local wellhead protection plan or local source water protection planestablished pursuant to the federal Safe Drinking Water Act.

 

(C) Where individual on-lot sewage systems are proposed by thesubdivider, a report submitted by the subdivider shall document the safety andadequacy of the proposed on-lot sewage systems including the following:

 

(I) Adequacy of separation distances;

 

(II) Separation of drainfield relative to groundwater andimpervious soils;

 

(III) Suitability of the subdivision soil conditions;

 

(IV) Suitable topography;

 

(V) Proposed population density;

 

(VI) Protection of groundwater uses; and

 

(VII) Watersheds located on or draining into, under or over theproposed subdivision.

 

(D) Where individual on-lot sewage systems are proposed, thewords "NO PROPOSED CENTRALIZED SEWAGE SYSTEM," in bold capitalletters shall appear on all offers, solicitations, advertisements, contracts,agreements and plats relating to the subdivision.

 

(v) If the subdivider proposes to utilize adjoining propertyfor sewers, drainage, sewer lines, power lines or other utilities, thesubdivider shall provide copies of binding easements of not less than twenty(20) feet in width for the proposed facilities from each property owner overwhose land such services shall extend and shall provide a minimum accessroadway right-of-way of sixty (60) feet to the subdivision for all public ways;

 

(vi) A study evaluating the water supply system proposed for thesubdivision and the adequacy and safety of the system. The study shall, at aminimum, include the following:

 

(A) Identification of the type of water supply system proposedto serve the subdivision and identification of the entity or entitiesresponsible for the design, construction, operation and maintenance of theproposed facility;

 

(B) For all water supply systems except individual on-lotwells, a report submitted by the subdivider demonstrating the adequacy andsafety of the proposed water supply system. The report shall address, at aminimum, the following issues:

 

(I) The estimated total number of gallons per day for thesubdivision water supply system;

 

(II) Documentation that the proposed water supply system will becompatible with and not adversely affected by the sewage system proposed forthe subdivision or any other sources of pollution within a reasonable distance;

 

(III) List of all surface and groundwater rights which will beused or which may be affected, including state engineer application and permitnumbers and description of expected effects;

 

(IV) Plans for the mitigation of water right conflicts resultingfrom the use of water within the proposed subdivision;

 

(V) When connecting to an existing water supply system, thereport shall also contain:

 

(1) Documentation that public or private water suppliers can and will supply waterto the proposed subdivision, stating the amount of water available for use withinthe subdivision and the feasibility of extending service to that area;

 

(2) Documentation concerning the potability of the proposed water supply for thesubdivision.

 

(VI) Where a centralized water supply system is proposedcontaining a new source of water supply to be developed, the report shall alsodemonstrate that the water supply system is sufficient in terms of quality,quantity and dependability and will be available to ensure an adequate watersupply system for the type of subdivision proposed. The report shall include anarrative summary of:

 

(1) Where the watersupply system source is derived from groundwater, the geologic setting of thewater supply system source and the area of influence such as nearbycommunities, sources of pollution, surface water bodies and aquifers describedby a Wyoming registered professional geologist;

 

(2) The quantity,quality and source of the water to be used including proposed and existingsurface and groundwater facilities and their locations. Where the proposedwater supply system for the subdivision is from a groundwater source, a writtenreport submitted by the subdivider demonstrating that the proposed source issufficient in terms of quality, quantity and dependability for the type ofsubdivision proposed;

 

(3) The proposeddisposal of water not consumed, including water obtained under permits, stormdrainage, dewatering, sewage and other wastewater sources;

 

(4) A delineation ofprimary sources of water, secondary sources and occasional or seasonal sources;

 

(5) Graphic location ofall water supply sources including wells, raw water intakes, treatmentfacilities, treated water storage facilities and ponds;

 

(6) Documentation ofall data sources on the occurrence and availability of surface and groundwater;

 

(7) Historic streamflows and well levels;

 

(8) Senior waterrights;

 

(9) Flood damage andflood protection;

 

(10) Impact of andprotection from supply shortages.

 

(C) Where individual on-lot wells are proposed as the watersupply system, a report submitted by the subdivider demonstrating the safetyand adequacy of the water supply system shall address, at a minimum, thefollowing:

 

(I) The estimated total number of gallons per day for thesubdivision;

 

(II) Information relative to the potential availability andquality of groundwater proposed within the subdivision which may consist of newdata, existing data on other working wells in the area, or other data,including drilling logs, from a test well drilled within the proposedsubdivision indicating soil types, depth, quantity and quality of waterproduced in the test well;

 

(III) Documentation that the proposed water supply system will becompatible with and not adversely affected by the sewage system proposed forthe subdivision or any other sources of pollution within a reasonable distance;

 

(IV) List of all surface and groundwater rights which will beused or which may be affected, including state engineer application and permitnumbers, and description of expected effects; and

 

(V) Plans for the mitigation of water right conflicts resultingfrom the use of water within the proposed subdivision.

 

(D) Where individual on-lot wells are proposed, the words"NO PROPOSED CENTRAL WATER SUPPLY SYSTEM," in bold capital lettersshall appear on all offers, solicitations, advertisements, contracts,agreements and plats relating to the subdivision.

 

(vii) Documentation satisfactory to the board that adequateaccess has been provided and that all proposed streets, alleys and roadwayswithin the subdivision conform to the minimum standards adopted by the boardand applied uniformly throughout the county which shall not in itselfconstitute consent of the board to locate, repair or maintain roadways andfacilities. If, however, the subdivider proposes to make any streets, alleys orroadways private, then the subdivider shall submit to the board properlyacknowledged written certification that certain streets, alleys or roadwayswithin the subdivision shall remain private and the board shall be under noobligation to repair, maintain or accept any dedication of such roads to thepublic use. If no such public maintenance is contemplated, the subdivider shallput a legend on the plat of the subdivision, on all advertisements andsolicitations for the subdivision and on all offers, contracts or agreementsfor the sale and purchase of lots within the subdivision showing the streets,alleys and roadways showing in capital letters "NO PUBLIC MAINTENANCE OFSTREETS OR ROADS";

 

(viii) Documentation satisfactory to the board that the subdividerhas adequate financial resources to develop and complete any facility proposedor represented to be the responsibility of the subdivider, including but notlimited to water supply systems, sewage systems, streets and roadways. Theapplicant shall provide a performance bond, acceptable letter of credit orother sufficient financial commitment to assure that any facilities proposed orrepresented to be part of the subdivision will in fact be completed asproposed, or escrow sufficient monies out of land sales to guarantee that theabove facilities are installed. The amount of any bond or other financialcommitment or escrow required under this paragraph shall reflect the estimatedcosts of providing the facilities;

 

(ix) Proof that the applicant has published notice of his intentto apply for a permit once each week for two (2) weeks within thirty (30) daysprior to filing his application. The notice shall include the name of thesubdivider and the general location of the land to be subdivided;

 

(x) Any other information consistent with this article and theboard's published rules and regulations which the board deems pertinent orrelevant to the evaluation of the application;

 

(xi) With respect to any water rights appurtenant to lands to besubdivided in accordance with this chapter and prior to final approval of thesubdivision the subdivider shall provide:

 

(A) Evidence that the subdivider has submitted to the stateengineer the documentation necessary to relinquish the water rights and hasnotified purchasers and the board of this action; or

 

(B) Evidence that the subdivider has submitted to the stateengineer the documentation necessary to change the use, place of use or pointof diversion to provide for beneficial use of the water rights outside thesubdivision; or

 

(C) A plan, a copy of which was submitted to and approved bythe state engineer prior to the final approval of the subdivision application,for the distribution of the water rights appurtenant to the land to besubdivided. The plan shall specify the distribution of the water to the lotswithin the subdivision and shall include all appropriate applications forchange of use, change of place of use or change in point of diversion or meansof conveyance in accordance with W.S. 41-3-103, 41-3-104 or 41-3-114; and

 

(D) If the subdivision is located within lands, served by orcrossed by a ditch, irrigation company or association or by an unorganizedditch, evidence that the plan has been submitted, at least sixty (60) daysprior to the submittal of the application for the subdivision permit to thecompany, or association, or the remaining appropriators in the case of anunorganized ditch for their review and recommendations;

 

(E) Evidence that the subdivider will specifically state on alloffers and solicitations relative to the subdivision his intent to comply withthis paragraph and that the seller does not warrant to a purchaser that heshall have any rights to the natural flow of any stream within or adjacent tothe proposed subdivision. He shall further state that the Wyoming law does notrecognize any riparian rights to the continued natural flow of a stream orriver for persons living on the banks of the stream or river;

 

(F) If the subdivision is located within the boundaries of anirrigation district that is subject to the provisions of title 41, chapter 7 ofthe Wyoming statutes, the application shall include a review andrecommendations from the irrigation district regarding the attached waterrights and the irrigation district's easements. If there is a conflict with theirrigation district's recommendations, the applicant shall certify that it hasmet with and made a good faith effort to resolve any conflicts with theirrigation district;

 

(G) If the subdivision will create a significant additionalburden or risk of liability to the irrigation district, company, association orremaining appropriators including appropriators on an unorganized ditch, theapplicant shall provide an adequate and responsible plan to reduce or eliminatethe additional burden or risk of liability.

 

(xii) Evidence that all parcels of land created by thesubdivision will be subject to written and recorded covenants or otherinstruments creating an entity, binding on subsequent owners of the land withinthe subdivision. The entities that may be used include, but are not limitedto, special improvement districts, homeowners associations and mutual benefitcorporations. The board shall not mandate the creation of an entity with the abilityto interfere with any owner's ability to use his private property, except tocollect any assessment. The entity shall have the ability to address thefollowing topics:

 

(A) Maintenance and responsibility for common areas, roads andwater supply systems and assessments against all parcels of land in thesubdivision to defray the costs thereof;

 

(B) Continued management of the entity.

 

(b) The board shall require the applicant to obtain review andrecommendations from the local conservation district regarding soilsuitability, erosion control, sedimentation and flooding problems. The reviewand recommendations shall be completed within sixty (60) days.

 

(c) Upon receipt of a subdivision permit application filed witha county and prior to subdivision permit approval, the county or subdividershall send three (3) copies of the portions of the application prepared underthis section to the department of environmental quality for review of thesafety and adequacy of the proposed sewage system and proposed water supplysystem. The review shall be conducted in accordance with the followingguidelines:

 

(i) The department may request assistance from the stateengineer, the Wyoming water development office and any other state agency orlocal governmental entity in preparing its review. Any agency or entityrequested to assist in the review shall fully cooperate to the extent possiblewith the department and shall furnish the information or recommendationsrequested within the time period specified by the department;

 

(ii) To the extent requested by a county government, theadministrator of the water quality division, with the approval of the directorof the department of environmental quality, shall delegate authority to thecounty to review any reports or studies required by this section directed atdetermining the safety and adequacy of the proposed sewage or water supplysystem contained as part of a subdivision application. Any authority delegatedunder this section shall be subject to the following conditions:

 

(A) The county entity shall demonstrate to the administrator ofthe water quality division that all sewage or water supply systems will bereviewed by a qualified professional with expertise in surface and groundwaterprotection from pollution and safe and adequate water supply systems;

 

(B) The local government shall demonstrate that the review ofwater supply and sewage systems will be in a manner as stringent as thedepartment of environmental quality would require under this section;

 

(C) The review of subdivisions with a proposed sewage systemconsisting of wastes requiring an underground injection control permit underdepartment of environmental quality regulations or sewage systems with aproposed surface water discharge shall not be delegated to the county; and

 

(D) The administrator shall periodically review theadministrative programs of each county governmental entity receiving adelegation of authority under this section and may, with the consent of thedirector, revoke or temporarily suspend the delegation agreement entered intowith any entity which has failed to perform its delegated duties or hasotherwise violated the terms of its agreement of delegation.

 

(iii) The department shall file its written comments andrecommendations on the application with the commission or board within thirty(30) days after receipt of the application. The department may extend itsreview period for an additional thirty (30) days if an extension is necessaryto complete the review.

 

(d) If the permit is approved the board shall require theapplicant to put a legend on the plat and on all offers, contracts oragreements for the sale and purchase of lots within the subdivision showing incapital letters "THE SURFACE ESTATE OF THE LAND TO BE SUBDIVIDED ISSUBJECT TO FULL AND EFFECTIVE DEVELOPMENT OF THE MINERAL ESTATE".

 

18-5-307. Planning commission may receive applications and makerecommendations.

 

Theboard may allow the county planning and zoning commission authorized under theprovisions of W.S. 18-5-201 through 18-5-206 as the proper agency to receiveand evaluate applications for subdivision permits. If so authorized theplanning commission shall receive the materials required by this article andshall submit a copy of the application to the department of environmentalquality for review as provided by W.S. 18-5-306(c) and, if applicable, to thefire protection district, fire protection authority or the nearest fireprotection district as provided by W.S. 18-5-316(d). The commission shall makefindings and recommendations to the board concerning an application withinforty-five (45) days from the date the department of environmental qualitysubmits its recommendation to the commission or from the date when therecommendation is due if no recommendation is made, whichever is earlier. If noaction is taken by the planning commission within that time the plat is deemedto be approved by the planning commission.

 

18-5-308. Approval by the board.

 

(a) The board shall approve or disapprove the subdivisionapplication and issue a subdivision permit or ruling:

 

(i) Within forty-five (45) days afterreceiving a report from the planning commission; or

 

(ii) If no planning and zoning commission has been appointed,within sixty (60) days after the department of environmental quality submitsits recommendation to the board or from the date when the recommendation is dueif no recommendation is made, whichever is earlier.

 

(b) If any part of the subdivision lies within one (1) mile ofthe boundaries of an incorporated city or town the approval of the governingbody of the city or town must also be obtained in accordance with W.S.34-12-103.

 

(c) If a subdivision application is approved by the boardnotwithstanding an adverse recommendation by the department of environmentalquality, the subdivider shall furnish to all potential purchasers a copy of thedepartment's recommendation prior to sale. The subdivider need not furnish thepotential buyer with a copy of the department's recommendation if the board inapproving the subdivision enters a written finding that the subdivider hascorrected the inadequacy set forth in the department's recommendation. Anyperson violating this subsection is subject to the penalty provided by W.S.18-5-314.

 

18-5-309. Permit fee.

 

Eachapplication for a subdivision permit shall be accompanied by a reasonable feenot to exceed the cost of processing the application as determined by theboard. All fees collected shall be credited to the county general fund.

 

18-5-310. Repealed By Laws 2001, Ch. 169, 1, Ch. 208, 2.

 

18-5-311. Investigatory powers.

 

 

(a) If the board has reason to believe that a person hasengaged in activity which violates any provision of this article it shall makean investigation and may administer oaths or affirmations and upon its ownmotion or upon request of any party may subpoena witnesses, compel theirattendance, adduce evidence and require the production of any matter which isrelevant to the investigation, including the existence, description, nature,custody, condition and location of any books, documents or other tangiblethings and the identity and location of persons having knowledge of relevantfacts or any other matter reasonably calculated to lead to the discovery ofadmissible evidence.

 

(b) If any person subject to the provisions of this article hasrecords required in W.S. 18-5-311(a) located outside this state, the personshall either make them available directly to the board or pay the reasonableand necessary expenses for the board or its representative to examine them atthe place where they are maintained. The board may designate representatives,including comparable officials of the state in which the records are located,to inspect them on the board's behalf.

 

(c) Upon failure without lawful excuse to obey a subpoena or togive testimony and upon reasonable notice to all persons affected thereby, theboard may apply to any district court for an order compelling compliance.

 

18-5-312. Enforcement.

 

Theprovisions of this article are enforceable by all appropriate legal remediesincluding but not limited to injunctive relief or a writ of mandamus. Uponfailure or refusal of any county attorney to act upon a violation of theprovisions of this article, the attorney general at the request of the boardshall initiate civil or criminal proceedings to enforce the provisions of thisarticle.

 

18-5-313. False statement or misrepresentation; penalty.

 

Anyperson who knowingly authorizes, directs or aids in the publication,advertisement, distribution or circulation of any false statement ormisrepresentation concerning any subdivision for sale in this or any otherstate, and every person with knowledge that any such advertisement, prospectus,pamphlet or letter concerning land or any subdivision thereof contains anywritten statement that is false or fraudulent in any material part or whoissues, circulates, publishes or distributes the same or causes the same to becirculated, published or distributed shall upon conviction be imprisoned for aperiod not to exceed thirty (30) days or be fined not to exceed five hundreddollars ($500.00). Each day of violation constitutes a new offense.

 

18-5-314. Penalties.

 

Anyperson who willfully violates any provision of this article or any rule or orderissued under this article shall upon conviction be fined not more than fivehundred dollars ($500.00) or imprisoned in a county jail for not more thanthirty (30) days or both. Each day of violation constitutes a new offense.

 

18-5-315. Provisions minimum.

 

Ifany board has or enacts resolutions or regulations which impose requirements onsubdividers or subdivisions which are more restrictive than the provisions ofthis article, the authority to enact such local resolutions or regulationsbeing hereby granted, the local provisions are not superseded by the provisionsof this article.

 

18-5-316. Requirements for large acreage subdivision permits.

 

(a) Except as otherwise provided, a county may, by resolution,elect to apply the provisions of this article on a uniform basis to the sale ordisposition of any land where the subdivision creates parcels that arethirty-five (35) acres or larger and up to one hundred forty (140) acres.Except as provided in this subsection, each lawfully recorded parcel of land onJuly 1, 2008 shall be exempted from all provisions of this section other thancompliance with paragraphs (i) through (iii) of this subsection and W.S.18-5-317 and shall be allowed to be divided into not more than ten (10) parcelsof one hundred forty (140) acres or less in size, provided that each new orremaining parcel is no less than thirty-five (35) acres. Parcels createdpursuant to this exemption may be created at any time and may be created over aperiod of years through separate transactions. In no case, however, shall thisexemption be used to create more than ten (10) parcels of land from eachoriginal parcel and each parcel created after July 1, 2008 shall be subject tothis section and W.S. 18-5-317 as otherwise provided in this section. Boundaryadjustments between or among parcels shall not be considered as a division ofproperty subject to the limitations in this section. If a county elects toapply this article to sales or dispositions where the subdivision createsparcels that are thirty-five (35) acres or larger and up to one hundred forty(140) acres, unless the property is exempted under this subsection, thesubdivider shall obtain a subdivision permit pursuant to this section. Theprovisions of W.S. 18-5-306 and 18-5-315 shall not be applicable to asubdivision of land under this section but nothing in this sentence shallprohibit application of lawfully adopted zoning provisions. Before grantingthe exemption provided in this subsection the board may require the personseeking the exemption to submit any or all of the following:

 

(i) A legal description or recordable survey containing thefollowing:

 

(A) Date of preparation, scale and north arrow;

 

(B) The location of the subdivision units including thesection, township and range;

 

(C) The location and dimension of access and utilitieseasements, which shall conform to the requirements of W.S. 18-5-303(b).

 

(ii) Evidence of compliance with paragraph (b)(ix) of thissection;

 

(iii)(A) If a centralized water supply system is proposed for thesubdivision, a study evaluating the water supply system proposed and theadequacy and safety of the system. The study shall include informationrelative to the potential availability and quality of groundwater proposedwithin the subdivision which may consist of new data, existing data on otherworking wells in the area, or other data, including drilling logs, from a testwell drilled within the subdivision indicating soil types, depth, quantity andquality of water produced in the test well;

 

(xiii) The sale or disposition of separate parcels of land thatwere separate when lawfully created or conveyed and which have not beencombined by a recorded instrument of conveyance signed by all of the owners.

 

18-5-501. Definitions.

 

(a) As used in this article:

 

(b) The board may require any or all of the followinginformation to be submitted with an application for a subdivision permitpursuant to this section:

 

(i) Evidence that the proposed subdivision complies with anyapplicable zoning regulations;

 

(ii) A survey plat submitted by the subdivider containing thefollowing:

 

(A) Date of preparation, scale and north arrow;

 

(B) The location of the subdivision including the section,township and range;

 

(C) The location and dimension of existing and proposed lots,units, tracts, parcels, streets, alleys, roads, highways, public ways, utilityrights-of-way, easements, parks and the location of proposed permanentbuildings and structures if known.

 

(iii) Evidence that:

 

(A) The subdivider or his duly authorized agent who offers anypart of the subdivision for sale or who solicits any offers for the purchasethereof, may convey merchantable title subject only to noted reservations orrestrictions of record and subject only to a proportionate share of realproperty taxes or assessments charged or assessed for the year in which anysuch sale may be legally effected; or

 

(B) Binding arrangements have been made by the person or hisduly authorized agent who offers any part of the subdivision for sale, toassure purchasers of any part of the subdivision that upon full payment of thepurchase price a deed can and will be delivered conveying merchantable titlesubject only to noted reservations or restrictions of record and subject onlyto a proportionate share of such taxes and assessments thereon as may be leviedor assessed for the year in which the sale may be legally effected.

 

(iv) A study evaluating the sewage system proposed for thesubdivision and the adequacy and safety of the system. Where individual on-lotsewage systems are proposed, the words "NO PROPOSED CENTRALIZED SEWAGESYSTEM," in bold capital letters shall appear on all offers, contracts,agreements and plats relating to the subdivision;

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