Title 18, Title 18 — Counties

Enforcement of zoning resolution by injunction, mandamus or abatement; appeal. Any zoning resolution passed by the board pursuant to W.S. 18-5-202(b) and (c) is enforceable in addition to other remedies provided by law by injunction, mandamus or abatement.

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

Continuation of existing uses; effect of alteration or addition; future use after discontinuation of nonconforming use. (a) A zoning resolution enacted under the provisions of W.S. 18-5-201 through 18-5-206 shall not prohibit the continuance of the use of any land, building or st…

Special expertise of board of county commissioners and coordination of planning efforts with federal agencies. (a) When representing a county as a cooperating agency in matters related to the National Environmental Policy Act and in federal land planning, implementation and manag…

Authority vested in board of county commissioners. The regulation and control of the subdivision of land in the unincorporated areas in each county is vested in the board of county commissioners of the county in which the land is located. Nothing in this article shall contravene …

Definitions. (a) As used in this article: (i) Repealed by Laws 2019, ch. 186, § 2. (ii) "Board" means the board of county commissioners of the county in which the land sought to be subdivided is located; (iii) "Encumbrance" means a mortgage or other lien of record, securing or ev…

Exemptions from provisions. (a) Unless the method of sale or other disposition is adopted for the purpose of evading the provisions of this article, this article shall not apply to the following subdivisions of land however, the following subdivisions are subject to requirements …

Subdivision permit required. No person shall sell land subject to subdivision regulation under this article, record a plat or commence construction of a subdivision without first obtaining a subdivision permit pursuant to W.S. 18-5-306 or, if applicable, W.S. 18-5-316 from the bo…

Enforcement; rules and regulations. Each board shall enforce this article and in accordance with the Wyoming Administrative Procedure Act shall adopt such rules and regulations as necessary to implement the provisions of and to insure compliance with the intent and purposes of th…

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 submitted with each application for a subdivision permit, provided the board may by rule exempt from any …

Planning commission may receive applications and make recommendations. The board may allow the county planning and zoning commission authorized under the provisions of W.S. 18-5-201 through 18-5-206 as the proper agency to receive and evaluate applications for subdivision permits…

Approval by the board. (a) The board shall approve or disapprove the subdivision application and issue a subdivision permit or ruling: (i) Within forty-five (45) days after receiving a report from the planning commission; or (ii) If no planning and zoning commission has been appo…

Permit fee. Each application for a subdivision permit shall be accompanied by a reasonable fee not to exceed the cost of processing the application as determined by the board. All fees collected shall be credited to the county general fund.

Investigatory powers. (a) If the board has reason to believe that a person has engaged in activity which violates any provision of this article it shall make an investigation and may administer oaths or affirmations and upon its own motion or upon request of any party may subpoen…

Enforcement. The provisions of this article are enforceable by all appropriate legal remedies including but not limited to injunctive relief or a writ of mandamus. Upon failure or refusal of any county attorney to act upon a violation of the provisions of this article, the attorn…

False statement or misrepresentation; penalty. Any person who knowingly authorizes, directs or aids in the publication, advertisement, distribution or circulation of any false statement or misrepresentation concerning any subdivision for sale in this or any other state, and every…

Penalties. Any person who willfully violates any provision of this article or any rule or order issued under this article shall upon conviction be fined not more than five hundred dollars ($500.00) or imprisoned in a county jail for not more than thirty (30) days or both. Each da…

Provisions minimum. If any board has or enacts resolutions or regulations which impose requirements on subdividers or subdivisions which are more restrictive than the provisions of this article, the authority to enact such local resolutions or regulations being hereby granted, th…

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 or disposition of any land where the subdivision creates parcels that are thirty-five (3…

Subsequent sale of subdivided lots. If any lot, unit, tract or parcel is created pursuant to a subdivision and the lot, unit, tract or parcel is sold pursuant to a contract for deed, notice of the contract for deed shall be recorded with the county clerk within ten (10) days afte…

Large parcels used for agricultural purposes. If any lot, unit, tract or parcel thirty-five (35) acres or more in size is used for agricultural purposes within a platted subdivision and otherwise qualifies as agricultural land for purposes of W.S. 39-13-103(b)(x), the parcel shal…

Fencing requirements for subdivision permits. (a) Each subdivider seeking to create or divide a subdivision that is adjacent to lands upon which livestock can be legally run at large shall comply with all of the following: (i) The subdivider shall be responsible for the construct…

Authority. The board of county commissioners in each county, by resolution, may establish, regulate and control a conservation design process for the unincorporated area in the county as provided in this article.

Definitions. (a) As used in this article: (i) "Conservation design process" means a planning process adopted by a county to offer a land use option for residential purposes that differs from traditional thirty-five (35) acre divisions of land described in W.S. 18-5-303(b) using c…

Cluster development permits. (a) No person shall sell land subject to subdivision regulation under this article, record a plat or commence the construction of any cluster development under this article without first obtaining a permit from the board of county commissioners in whi…

Enforcement; rules and regulations. If a board of county commissioners adopts the process described in this article, it shall enforce this article and, in accordance with the Wyoming Administrative Procedure Act, shall adopt rules and regulations to implement the provisions of an…

Cluster development; notice to state engineer. Within thirty (30) days after a cluster development has been approved pursuant to the conservation design process, the board of county commissioners shall notify the state engineer of the approval and shall provide the state engineer…

Definitions. (a) As used in this article: (i) "Industrial siting council" or "council" means the council created by W.S. 35-12-104; (ii) "Wind energy facility" means any wind powered electrical generation development consisting of an individual wind turbine or multiple wind turbi…

County regulation of wind or solar energy projects; exceptions. (a) It is unlawful to locate, erect, construct, reconstruct or enlarge a facility without first obtaining a permit from the board of county commissioners in the county in which the facility is located. (b) If a facil…

Application. (a) To obtain the permit required by W.S. 18-5-502, the owner or developer of a facility shall submit an application to the board of county commissioners. The application shall: (i) Certify that reasonable efforts have been undertaken to provide notice in writing to …

Minimum standards; incorporation into other processes. (a) No board of county commissioners shall issue a permit for a facility if that facility: (i) Does not comply with standards properly adopted by the board of county commissioners for the construction of wind energy facilitie…

Complete applications; notice. Upon receipt of an application, the board of county commissioners shall conduct a review of the application to determine if it contains all the information required by W.S. 18-5-503 and any applicable rules and regulations. If the board of county co…

Hearing and public comment. Any board of county commissioners receiving an application to permit a facility shall hold a public hearing to consider public comment on the application no less than forty-five (45) days and not more than ninety (90) days after determining that the ap…

Decision of the board; findings necessary. (a) Within sixty (60) days from the date of completion of the hearing required by W.S. 18-5-506, the board shall make complete findings, issue an opinion, render a decision upon the record either granting or denying the application and s…

Remedies. (a) Any party aggrieved by the final decision of the board of county commissioners may have the decision reviewed by the district court pursuant to Rule 12 of the Wyoming Rules of Appellate Procedure. (b) When a decision is issued after hearing on an application for a p…

Referral. (a) Any board of county commissioners which receives an application to permit a wind energy facility or solar energy facility which does not meet the definition of an industrial facility as defined in W.S. 35-12-102(a)(vii)(E) or (G) may refer the facility to the indust…

Binding effect. Upon referral of a facility to the industrial siting council pursuant to W.S. 18-5-509, the facility shall not be withdrawn from the council's consideration without consent of the council. Any decision by the council shall be final except as provided in this artic…

Revocation or suspension of permit. (a) A permit may be revoked or suspended for: (i) Any material false statement in the application or in accompanying statements or studies required of the applicant, if a true statement would have warranted the refusal to grant a permit; (ii) F…

Penalties for violations. (a) No person shall: (i) Commence to construct a wind energy facility on or after July 1, 2010 or a solar energy facility on or after July 1, 2020 without first obtaining a permit required by this article; (ii) Construct, reconstruct, operate, locate, er…

Fees. (a) A board of county commissioners which receives an application under this article for the permitting of a facility may charge the applicant a reasonable fee which shall not exceed the reasonably anticipated costs of processing and considering the application and conducti…