Town and county development regulations.

2018
STATE OF WYOMING
18LSO-0518
Numbered
1.2

SENATE FILE

NO.
SF0114

Town and county development regulations.

Sponsored by:
Senator(s) Anderson, Anselmi-Dalton, Case and Driskill and Representative(s) Clem, Lindholm and Olsen

A BILL

for

AN ACT relating to counties, cities and towns; modifying authority to impose zoning assessments; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 15
‑
1
‑
601 by creating new subsection
s
(e)
and (f)
and
18
‑
5
‑
201
are amended to read:

15
‑
1
‑
601
.

Regulations; scope and purpose; uniformity within authorized districts; to follow plan; objectives.

(e)

No regulation, ordinance, resolution, condition of development
, comprehensive plan
or subdivision plan shall
include or
require
:

(i)

T
he direct or indirect allocation or dedication of a percentage of existing or newly constructed residential or commercial units for affordable or workforce housing; or

(ii)

A
ny monetary exaction for the acquisition of land, construction, dedication or rehabilitation of affordable or workforce housing units
.

(f)

Nothing in subsection (e) of this section shall
limit
the authority of the governing body of any city or town to implement an incentive

based program designed to increase the construction, dedication or rehabilitation of affordable and workforce housing.

18
‑
5
‑
201
.

Authority vested in board of county commissioners; inapplicability of chapter to incorporated cities and towns and mineral resources.

(a)

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

No regulation, ordinance, resolution, condition of development
, comprehensive
or subdivision plan shall
include or
require:

(
i
)

The direct or indirect allocation or dedication of a percentage of existing or newly constructed residential or commercial units for affordable or workforce housing; or

(
ii
)

Any monetary exaction for the acquisition of land, construction, dedication or rehabilitation of affordable or workforce housing units.

(b
)

Nothing in this section shall effect the authority of the board of county commissioners to implement an incentive based program designed to increase the construction, dedication or rehabilitation of affordable and workforce housing.

Section

2
.

This act shall apply to all existing and future regulations, ordinances, resolutions and conditions of development.

Section
3
.

This act is effective
immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution
.

(END)

1
SF0114