Subdivisions-large acre parcels.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0011

ENROLLED ACT NO. 46, SENATE

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2008 BUDGET SESSION

AN ACT relating to
subdivisions; providing for regulation by counties of subdivisions of thirty-five to one hundred
forty
acre parcels
as specified
;
requiring recordation of
subdivided
lots sold under contract for
deed
;
providing for exceptions;
providing definitions;

and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 18
‑
5
‑
316
and 18
‑
5
‑
317 are
created to read:

18
‑
5
‑
3
1
6.

R
equirements 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 sub
division creates par
cels that are thirty-five (35) acres or larger
and
up to
one hundred
forty
(1
4
0) acres.
Except as provided in this subsection, each lawfully recorded parcel of land on July 1, 2008 shall be exempted from all provisions of this section other than compliance 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) parcels of one hundred forty (140) acres or less in size, provided that each new or remaining parcel is no less than thirty-five (35) acres. Parcels created pursuant to this exemption may be created at any time and may be created over a period of years through separate transactions. In no case, however, shall this exemption be used to create more than ten (10) parcels of land from each original parcel and each parcel created after July 1, 2008 shall be subject to this section and W.S. 18-5-317 as otherwise provided in this section. Boundary adjustments between or among parcels shall not be considered as a division of property subject to the limitations in this section.

If a county elects to apply this article to sale
s
or disposition
s
where the subdivision creates parcels that are thirty-five (35) acres or larger
and
up to
one hundred
forty
(1
4
0) acres,
unless the property is exempted under this subsection,
the subdivider shall obtain a
subdivision permit pursuant to this section.
The provisions of W.S. 18
‑
5
‑
306 and 18
‑
5
‑
315 shall not be applicable to a subdivision of land under this section
but nothing in this sentence shall prohibit application of lawfully adopted zoning provisions. Before granting the exemption provided in this subsection the board may require the person seeking the exemption to submit any or all of the following:

(i)

A legal description or recordable survey containing the following:

(A)

Date of preparation, scale and north arrow;

(B)

The location of the subdivision units including the section, township and range;

(C)

The location and dimension of access and utilities easements, which shall conform to the requirements of W.S. 18
‑
5
‑
303(b).

(ii)

Evidence of compliance with paragraph (b)(ix) of this section;

(iii)

If a centralized water supply system is proposed on the parcel or parcels, a study evaluating the water supply system proposed and the adequacy and safety of the system. The study shall include information relative to the potential availability and quality of groundwater proposed within the parcel or parcels which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs, from a test well drilled on the parcel or parcels indicating soil types, depth, quantity and quality of water produced in the test well. Where individual on-lot wells are proposed, the study shall not be required and the words "NO PROPOSED CENTRAL WATER SUPPLY SYSTEM," in bold capital letters shall appear on all offers, contracts, agreements and plats relating to the parcel or parcels.

(b)

The board may require
any or all of
the following information to be submitted with a
n
application for a subdivision permit
pursuant
to this section
:

(i)

Evidence that the proposed subdivision complies with any applicable
zoning regulations
;

(ii)

A survey plat submitted by the subdivider containing the following:

(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, utility rights-of-way, easements, parks and the location of proposed permanent buildings and structures if known.

(iii)

Evidence that:

(A)

The subdivider or his
duly authorized
agent who offers any part of the subdivision for sale or who solicits any offers for the purchase thereof, may convey merchantable title subject only to noted reservations or restrictions of record and subject only to a proportionate share of real property taxes or assessments charged or assessed for the year in which any such sale may be legally effected; or

(B)

Binding arrangements have been made by the person or his
duly authorized
agent who offers any part of the subdivision for sale, to assure purchasers of any part of the subdivision that upon full payment of the purchase price a deed can and will be delivered conveying merchantable title subject only to noted reservations or restrictions of record and subject only to a proportionate share of such taxes and assessments thereon as may be levied or assessed for the year in which the sale may be legally effected
.

(iv)

A study evaluating the sewage system proposed for the subdivision and the adequacy and safety of the system. Where individual on-lot sewage systems are proposed, the words "NO PROPOSED CENTRALIZED SEWAGE SYSTEM," in bold capital letters shall appear on all offers, contracts, agreements and pl
ats relating to the subdivision;

(v)

If the subdivider proposes to utilize adjoining property for sewers, drainage, sewer lines, power lines or other utilities, the subdivider shall provide copies of binding easements of not less than twenty (20) feet in width for the proposed facilities from each property owner over whose land such services shall extend and shall provide a minimum access roadway right-of-way of sixty (60) feet to the subdivision for all public ways
. Where no
or limited
on-lot utility connections are proposed, the words "
NO PROPOSED UTILITY CONNECTIONS
"
or "LIMITED UTILITY CONNECTIONS," as appropriate,
in bold capital letters shall appear on all offers, contracts, agreements and plats relating to the subdivision. A permit shall not be denied for failure to provide on-lot utility connections
;

(vi)

A study evaluating the water supply system proposed for the subdivision and the adequacy and safety of the system.

The study shall include i
nformation relative to the potential availability and quality of groundwater proposed within the subdivision which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs, from a test well drilled within the proposed subdivision indicating soil types, depth, quantity and quality of water produced in the test well.
Where individual on-lot wells are proposed, the words "NO PROPOSED CENTRAL WATER SUPPLY SYSTEM," in bold capital letters shall appear on all offers, contracts, agreements and plats rela
ting to the subdivision;

(vii)

Documentation that adequate
ingress and egress
access has been provided
to all proposed lots, units, tracts and parcels
and that all proposed
lots, units, tracts, parcels,
streets, alleys and roadways within the subdivision conform to the minimum standards adopted by the board and applied uniformly throughout the county which shall not in itself constitute consent of the board to locate, repair or maintain roadways and facilities. If, however, the subdivider proposes to make any streets, alleys or roadways private, then the subdivider shall submit to the board properly acknowledged written certification that certain streets, alleys or roadways within the subdivision shall remain private and the board shall be under no obligation to repair, maintain or accept any dedication of
these
roads to the public use.

If no such public maintenance is contemplated
on any of the roads
, the subdivider shall put a legend on the plat of the subdivision and on all offers, contracts or agreements for the sale and purchase of lots within the subdivision showing the streets, alleys and roadways showing in capital letters "NO PUBLIC MAINTENANCE OF
SPECIFIED
STREETS OR ROADS";

(viii)

Documentation that the subdivider has adequate financial resources to develop and complete any facility proposed or represented to be the responsibility of the subdivider, including but not limited to water supply systems, sewage systems, streets and roadways. The applicant shall provide a performance bond, acceptable letter of credit or other sufficient financial commitment to assure that any facilities proposed or represented to be part of the subdivision will in fact be completed as proposed, or escrow sufficient monies out of land sales to guarantee that the above facilities are installed. The amount of any bond or other financial commitment or escrow required under this paragraph shall reflect the estimated costs of providing the facilities;

(
i
x
)

With respect to any water rights appurtenant to lands to be subdivided in accordance with this
section
and prior to final approval of the subdivision the subdivider shall provide:

(A)

Evidence that the subdivider has submitted to the state engineer the documentation necessary to relinquish the water rights and has notified purchasers and the board of this action; or

(B)

Evidence that the subdivider has submitted to the state engineer the documentation necessary to change the use, place of use or point of diversion to provide for beneficial use of the water rights outside the subdivision; or

(C)

A plan, a copy of which was submitted to and approved by the state engineer prior to the final approval of the subdivision application, for the distribution of the water rights appurtenant to the land to be subdivided. The plan shall specify the distribution of the water to the lots within the subdivision and shall include all appropriate applications for change of use, change of place of use or change in point of diversion or means of conveyance in accordance with W.S. 41
‑
3
‑
103, 41
‑
3
‑
104 or 41
‑
3
‑
114;

(D)

If the subdivision is located within an irrigation district or within lands, served by a ditch, irrigation company or association or by an unorganized ditch, evidence that the plan has been submitted to the district board company, or association, or the remaining appropriators in the case of an unorganized ditch for their review and recommendations; and

(E)

Evidence that the subdivider will specifically state on all offers relative to the subdivision his intent to comply with this paragraph and that the seller does not warrant to a purchaser that he shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision. He shall further state that the
Wyoming
law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river.

(c)

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

(d)

The board shall require the applicant to obtain review and recommendations from a fire protection district in which any portion of the subdivision lies
,
from the authority having jurisdiction over fire prevention and protection in the area
or from the nearest fire protection district if no part of the subdivision lies within a fire protection district
,
regarding adequacy of fire protection measures. If the entire subdivision does not lie within a fire protection district and no city, town or fire protection district is obligated to provide fire protection pursuant to an agreement authorized by law the subdivider shall put a legend on the plat of the subdivision and on all offers, contracts or agreements for the sale and purchase of lots within the subdivision showing in capital letters "LOTS ARE NOT PART OF A FIRE PROTECTION DISTRICT AND FIRE PROTECTION IS NOT OTHERWISE PROVIDED".

(e)

If the permit is approved the board shall require the applicant to
put a legend on the plat and on all offers, contracts or agreements for the sale and purchase of lots within the subdivision showing in capital letters "THE SURFACE ESTATE OF THE LAND TO BE SUBDIVIDED IS SUBJECT TO FULL AND EFFECTIVE DEVELOPMENT OF THE MINERAL ESTATE".

(
f
)

Nothing in this section shall require the acquisition of a permit for the sale or disposition of lands that on or before
July 1, 2008
have
been
develop
ed and
promote
d as part of a large acre subdivision as evidenced by dated plat maps, sales brochures or other evidence acceptable to the board.

(g)

If the lots, units, tracts or parcels created pursuant to a permit issued under this section are used for agricultural purposes and otherwise qualify as agricultural land for purposes of W.S. 39
‑
13
‑
103(b)(x), the lots, units, tracts or parcels shall be deemed not to be part of a platted subdivision for purposes of W.S. 39
‑
13
‑
103(b)(x)(B)(II).

18
‑
5
‑
317.

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
after the contract
was executed
.

Section 2.
W.S. 18
‑
5
‑
302(a)(i)
and by creating a new paragraph (x)
, 1
8
‑
5
‑
303(b), 18
‑
5
‑
304 and
18
‑
5
‑
307 are amended to read:

18
‑
5
‑
302.

Definitions.

(a)

As used in this article:

(i)

"This article" means W.S. 18
‑
5
‑
301 through
18
‑
5
‑
315

18
‑
5
‑
31
7
;

(x)

"Parcel" means a contiguous piece of property under common ownership.

18
‑
5
‑
303.

Exemptions from provisions.

(b)

Except as provided in W.S. 18
‑
5
‑
316, t
his article shall not apply to the sale or other disposition of land where the parcels involved are thirty-five (35) acres or larger, subject to the requirement that ingress and egress and utility easements shall be provided to each parcel by binding and recordable easements of not less than forty (40) feet in width to a public road unless specifically waived by the grantee or transferee in a binding and recordable document.

18
‑
5
‑
304.

Subdivision permit required.

No person shall subdivide land or commence
the physical layout or
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 board of the county in which the land is located.

18
‑
5
‑
307.

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. If so authorized the planning commission shall receive the materials required by this article and shall submit a copy of the application to the department of environmental quality for review as provided by W.S. 18
‑
5
‑
306(c)

and, if applicable,

to the fire protection district, fire protection authority or the nearest fire protection district as provided by
W.S. 18
‑
5
‑
316(d)
.
After completing its evaluation,
T
he commission shall make findings and recommendations to the board concerning an application within forty-five (45) days from the date the department of environmental quality submits its recommendation to the commission or from the date when the recommendation is due if no recommendation is made, whichever is earlier. If no action is taken by the planning commission within that time the plat is deemed to be approved by the planning commission.

Section 3.
This act is effective July 1, 2008.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1