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HB0140 • 2022

Conservation easements amendments.

AN ACT relating to property; requiring a conservation easement permit granted by a board of county commissioners prior to creating a conservation easement as specified; limiting the duration of conservation easements to thirty (30) years; creating a permit process; providing definitions; requiring rulemaking; specifying applicability; and providing for effective dates.

Land
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Ottman
Last action
2022-02-18
Official status
inactive
Effective date
3/1/2022

Plain English Breakdown

The bill did not pass and was not signed into law, so its provisions are hypothetical.

Changes to Conservation Easements

This act requires county commissioners' approval before creating a conservation easement and limits their duration to thirty years.

What This Bill Does

  • Requires that anyone wanting to create a conservation easement must first get permission from the board of county commissioners in their area.
  • Limits how long a conservation easement can last, setting a maximum of thirty years but allowing for renewal options.
  • Creates rules and regulations for the permit process through which people apply for conservation easements.
  • Requires that all applications for conservation easement permits be accompanied by a reasonable fee.
  • Updates existing laws to include these new requirements for creating and maintaining conservation easements.

Who It Names or Affects

  • People who want to create or renew conservation easements on their land.
  • County boards of commissioners responsible for granting permits.
  • Planning and zoning commissions that may be involved in reviewing applications.

Terms To Know

Conservation Easement
A legal agreement between a property owner and a conservation organization or government agency to protect natural resources on the land.
Board of County Commissioners
The governing body for each county that makes decisions about local policies, including issuing permits.

Limits and Unknowns

  • This act did not pass and was not signed into law.
  • It only applies to conservation easements created on or after July 1, 2022, if it had passed.
  • The exact rules for the permit process would be determined by each county's board of commissioners.

Bill History

  1. 2022-02-18 House

    H Did not Consider for Introduction

  2. 2022-02-18 House

    H Pursuant to HR 4-6 Failed by Roll Call 23-37-0-0-0

  3. 2022-02-16 House

    H Received for Introduction

  4. 2022-02-15 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
22LSO-0386
2022
STATE OF WYOMING
22LSO-0386
Numbered
2.0

HOUSE BILL NO. HB0140

Conservation easements amendments.

Sponsored by: Representative(s) Ottman, Blackburn, Duncan, Fortner, Haroldson, Laursen, Neiman, Romero-Martinez, Styvar, Sweeney, Williams and Winter

A BILL

for

AN ACT relating to property; requiring a conservation easement permit granted by a board of county commissioners prior to creating a conservation easement as specified; limiting the duration of conservation easements to thirty (30) years; creating a permit process; providing definitions; requiring rulemaking; specifying applicability; and providing for effective dates.

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

Section 1.

W.S. 18
‑
5
‑
601 through 18
‑
5
‑
607 is created to read:

ARTICLE 6
CONSERVATION EASEMENT PERMIT

18
‑
5
‑
601.

Definitions.

(a)

As used in this article:

(i)

"Board" means the board of county commissioners;

(ii)

"Conservation easement" means as defined in W.S. 34
‑
1
‑
201(b)(i).

18
‑
5
‑
602.

Permit required.

No person shall grant a conservation easement without first obtaining a permit pursuant to this article from the board of the county in which the land subject to the conservation easement is located.

18
‑
5
‑
603.

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 this article.

18
‑
5
‑
604.

Minimum requirements for conservation easement permits.

(a)

The board shall consider and shall require the following information to be submitted with each application for a conservation easement permit:

(i)

Evidence satisfactory to the board that the proposed conservation easement complies with any applicable zoning or land use regulations; and

(ii)

A survey submitted by the applicant containing the following:

(A)

Date of preparation, scale and north arrow;

(B)

The location of the property;

(C)

The location and dimension of the proposed conservation easement.

18
‑
5
‑
605.

Planning commission may receive applications and make recommendations.

The board may allow a county planning and zoning commission authorized under W.S. 18
‑
5
‑
201 through 18
‑
5
‑
206 to receive and evaluate applications for conservation easement permits under this article. If so authorized the planning and zoning commission shall receive the permit applications required by this article and shall make findings and recommendations to the board concerning an application within forty
‑
five (45) days of receipt. If no action is taken on the application by the planning and zoning commission within that time the application is deemed to be recommended by the planning and zoning commission.

18
‑
5
‑
606.

Approval by the board.

(a)

The board shall approve or disapprove a conservation easement application and issue a conservation easement permit or ruling:

(i)

Within forty
‑
five (45) days after receiving a report from the planning and zoning commission; or

(ii)

If no planning and zoning commission has reviewed the application, within sixty (60) days of the initial receipt of the application.

18
‑
5
‑
607.

Permit fee.

Each application for a conservation easement 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.

Section 2.

W.S. 9
‑
15
‑
103 by creating a new subsection (s) and 34
‑
1
‑
202(c) and by creating a new subsection (f) are amended to read:

9
‑
15
‑
103.

Wyoming wildlife and natural resource trust account created; income account created; expenditures; purposes.

(s)

No funds shall be disbursed under this act for the purchase of easements that are not in compliance with the duration requirements of W.S. 34
‑
1
‑
202(c) or that fail to obtain a conservation easement permit pursuant to W.S. 18
‑
5
‑
601 through 18
‑
5
‑
606.

34
‑
1
‑
202.

Creation; conveyance; acceptance and duration.

(c)

Except as provided by W.S. 34
‑
1
‑
203(b), a conservation easement is unlimited in duration unless the instrument creating the easement provides otherwise.

Beginning July 1, 2022, no conservation easement shall be created with a duration greater than thirty (30) years but may allow an opportunity for renewal.

(f)

No conservation easement shall be created without a conservation easement permit granted pursuant to W.S. 18
‑
5
‑
601 through 18
‑
5
‑
606.

Section 3
.

This act applies to all conservation easements created on and after July 1, 2022.

Section 4.

The board of county commissioners in each county shall adopt any rules necessary to implement this act.

Section 5
.

(a)

Except as provided in subsection (b) of this section, t
his act is effective July 1, 2022
.

(b)

Sections 4 and 5 of t
his act are 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)

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HB0140