Read the full stored bill text
26LSO-0325
2026
STATE OF WYOMING
26LSO-0325
Numbered
2.0
HOUSE BILL NO. HB0055
Wyoming homestead opportunity program.
Sponsored by: Representative(s) Wasserburger
A BILL
for
AN ACT relating to state lands; establishing the Wyoming Homestead Opportunity Program; making legislative findings; providing for the establishment and disposal of lots to eligible purchasers as specified; prohibiting ownership of lots by business entities; requiring the use of lots for single-family residential purposes; providing for reversion of lots; requiring rulemaking; requiring reports; providing definitions; making conforming amendments; providing an appropriation; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
(a)
The legislature finds that:
(i)
Wyoming faces housing supply constraints that burden working families and impair economic growth;
(ii)
The state holds nontrust, state
‑
acquired real property that is not necessary to an essential governmental purpose;
(iii)
Disposal of the nonessential real property at nominal consideration to owner
‑
occupant purchasers, subject to strict covenants, clustering and reversion, will promote broad
‑
based homeownership while preventing acquisition by business entities and large
‑
scale speculative buyers.
(b)
It is the purpose of this act to create owner
‑
occupied homestead communities on eligible state lands and to ensure the land is used for single
‑
family residential purposes. This act constitutes a valid public purpose, of primary benefit to all citizens of the state of Wyoming.
Section 2.
W.S. 36
‑
9
‑
201 through 36
‑
9
‑
213 are created to read:
ARTICLE 2
WYOMING HOMESTEAD OPPORTUNITY PROGRAM
36
‑
9
‑
201.
Short title.
This article shall be known and may be cited as the "Wyoming Homestead Opportunity Program."
36
‑
9
‑
202.
Definitions.
(a)
As used in this article:
(i)
"Eligible parcel" means state lands that are not excluded under this paragraph, that are determined by the board to be surplus lands that are unnecessary for state needs and that are suitable for single family residential use. "Eligible parcel" shall not include school lands, institutional lands, all lands that are subject to article 18, section 1 of the Wyoming constitution, lands which have been reserved in any way to the public use, any lands designated as a state park, campground, recreational ground, historic landmark, historical site, state archaeological site, wildlife refuge, wilderness area and any other lands that the state is required to hold by law;
(ii)
"Eligible purchaser" means a natural person who is a citizen of the United States and who is domiciled in Wyoming for not less than twelve (12) consecutive months immediately prior to application under this article;
(iii)
"Homestead cluster" or "cluster" means a contiguous, planned offering of lots created under this article with internal access and services planned at a community scale;
(vi)
"Lot" means a tract of ten (10) acres of an eligible parcel that is designated by the office of state lands and investments as available for disposal under this article. "Lot" shall include only the surface estate and shall not include any mineral rights.
36
‑
9
‑
203.
Program administration.
(a)
The office of state lands and investments shall identify possible eligible parcels to the board. The board shall review possible eligible parcels and may designate parcels as eligible parcels under this article. The office shall use parcels that are designated as eligible parcels by the board to develop offerings of homestead clusters as provided in this section.
(b)
The office of state lands and investments shall endeavor to establish a total of not less than ten (10) and not more than twenty (20) homestead clusters in the state from eligible parcels identified by the board. Each cluster shall contain not less than three hundred (300) and not more than one thousand (1,000) lots, as site conditions allow and subject to local compliance under W.S. 36
‑
9
‑
210.
(c)
Within each cluster, lots shall be platted and offered as ten (10) acre tracts.
(d)
The office of state lands and investments shall conduct surveys, conduct environmental and cultural resource reviews, develop access easements and create internal roads and minor improvements as necessary to create lots and clusters under this section.
(e)
The office of state lands and investments shall seek local land use approvals and comply with local zoning requirements as necessary to provide offerings of homestead clusters under this section. The office shall coordinate with counties and municipalities as necessary to accommodate ingress, egress and emergency services.
(f)
Lots and clusters shall be platted by the office to preserve legal access and to avoid flood hazard areas where practicable.
36
‑
9
‑
204.
Disposition of lots; applications.
(a)
Notwithstanding W.S. 36
‑
9
‑
101 through 36
‑
9
‑
120, the board shall dispose of lots offered for disposal under this article by warranty deed at a price of one dollar ($1.00) per acre. No disposal of lots under this article shall include any mineral rights. The buyer shall also be responsible for all actual recording and closing costs.
(b)
The board shall establish a procedure that is random and without favor to determine how lots are allocated and disposed under this article. The procedure under this subsection shall be adopted by rule and may be by public drawing or lottery. The procedure for allocation of lots shall not involve discretionary selection among eligible applicants.
(c)
Applications shall be accepted from eligible purchasers meeting the criteria of this article. The department shall verify eligibility only for compliance with the requirements of this article and shall not include any additional requirements for eligibility.
36
‑
9
‑
205.
Eligibility; acreage cap; business entities prohibited.
(a)
Only eligible purchasers shall acquire lots under this article.
(b)
An eligible purchaser shall not acquire, directly or indirectly, more than twenty
‑
five (25) acres under this article statewide, including all acquisitions over time.
(c)
No business entity shall be an eligible purchaser or take title to any lot under this article and no lot acquired under this article shall be conveyed at any time to any business entity. Any transfer to a business entity in violation of this subsection is voidable at the option of the state and subject to reversion under W.S. 36
‑
9
‑
209.
(d)
No eligible purchaser shall assign the lot or any right to purchase the lot prior to the initial purchase of the lot.
36
‑
9
‑
206.
Covenants required.
(a)
Each deed for a lot under this article shall include covenants running with the land in perpetuity providing the following:
(i)
The lot shall be used exclusively for single
‑
family detached residential purposes, which may include customary accessory structures and agricultural and recreational uses incidental to residential use;
(ii)
The following uses shall be prohibited:
(A)
Commercial or industrial use;
(B)
Multi
‑
family residential use, including use as a duplex, triplex, apartment, condominium or townhouse;
(C)
Any planned unit developments or similar arrangements that would allow more than one (1) single
‑
family dwelling unit on a lot;
(D)
Any accessory dwelling unit intended for separate residential occupancy;
(E)
Additional short
‑
term or long
‑
term rental units, provided that this subparagraph shall not prohibit rental of the single
‑
family dwelling; and
(F)
Any use that would increase residential density above one (1) single
‑
family dwelling unit per lot.
(iii)
The lot shall never be subdivided or replatted, and no boundary line adjustment shall be permitted except to correct a documented survey error that does not reduce any lot below its original acreage and does not increase any owner's cumulative acreage above twenty
‑
five (25) acres;
(iv)
The eligible purchaser shall maintain or obtain a zoning classification, where applicable, that permits single
‑
family detached residential use and shall not seek or consent to rezoning or other entitlements that would permit multi
‑
family, townhouse, condominium or any higher
‑
density residential or nonresidential zoning classification;
(v)
That any private covenants, homeowners' association documents or similar instruments recorded by the state or the eligible purchaser shall be consistent with and shall not diminish the restrictions of this section.
36
‑
9
‑
207.
Construction and owner occupancy requirements.
(a)
The eligible purchaser shall obtain a certificate of occupancy or equivalent local approval for a single
‑
family dwelling on the lot and shall begin occupancy of the dwelling as the purchaser's primary residence not later than twenty (20) years after closing on the lot.
(b)
The purchaser shall occupy the dwelling as the purchaser's primary residence for not less than five (5) consecutive years after initial occupancy under subsection (a) of this section.
36
‑
9
‑
208.
Transfers of lots.
(a)
For five (5) years after issuance of a certificate of occupancy under W.S. 36
‑
9
‑
207(a), the lot shall only be conveyed to another eligible purchaser, and the conveyance shall include all covenants required by this article.
(b)
Prior to the recording of any conveyance under subsection (a) of this section, the eligible purchaser shall execute an affidavit attesting that the conveyance will not cause the purchaser's cumulative acreage under this article to exceed twenty
‑
five (25) acres and that title will not be held by or conveyed to a business entity.
(c)
The office of state lands and investments or the board shall not exercise discretionary approval or denial of proposed transfers under this section where all conditions for the transfer established under this article are met.
(d)
Recording a transfer that does not conform with the requirements of this section constitutes a violation enforceable under W.S. 36
‑
9
‑
209.
36
‑
9
‑
209.
Reversion of lots; remedies.
(a)
If an owner of a lot violates any covenants under W.S. 36
‑
9
‑
206(a) or fails to meet the requirements of W.S. 36
‑
9
‑
207(a), title to the lot shall automatically revert to the state upon the board recording a notice of reversion not earlier than sixty (60) days after providing written notice and opportunity to cure.
(b)
If an owner of a lot violates W.S. 36
‑
9
‑
205(b) or (c), 36
‑
9
‑
207(b) or 36
‑
9
‑
208, title to the lot is voidable at the option of the board and the title shall revert upon the board recording a notice of reversion following notice and opportunity to cure as provided in subsection (a) of this section.
(c)
If title to a lot is reverted to the state under subsection (a) or (b) of this section, the office of state lands and investments shall refund to the eligible purchaser an amount equal to the original purchase price paid for the lot plus any recording or closing costs paid by the purchaser. No compensation shall be due under this subsection for any improvements to the lot or for consequential damages.
(d)
The attorney general may bring an action for injunctive relief, specific performance, quiet title or damages, and may record notices of violations of this article to preserve the state's interests. Adjoining owners of lots in a homestead cluster created under this article shall have standing to seek injunctive relief to enforce this article.
36
‑
9
‑
210.
Local compliance; exclusion of state obligation.
(a)
Eligible purchasers of lots shall comply with all applicable county and municipal building, sanitation, water, wastewater, road and fire codes.
(b)
Nothing in this article shall obligate the state to provide or extend utilities to lots. The board may, by rule, establish minimum access and sanitation standards for any lots or clusters offered under this article.
36
‑
9
‑
211.
Rulemaking.
(a)
The board shall promulgate rules necessary to implement this article, including cluster designation, planning and siting, allocation procedures, eligibility verification and standard forms of deed covenants and reversion notices.
(b)
To the extent necessary to carry out the purposes of this act, the board may, by rule, modify operational terms of the program under this article, including but not limited to:
(i)
The number, size and phasing of homestead clusters;
(ii)
Application windows, impartial allocation procedures and administrative procedures;
(iii)
Construction milestone timelines, cure periods and documentation standards;
(iv)
Survey, access, sanitation and platting standards and requirements necessary for orderly development of clusters.
(c)
Rules adopted under subsection (b) of this section shall not:
(i)
Permit ownership of lots or clusters by business entities;
(ii)
Authorize any subdivision, replatting or boundary adjustment that violates W.S. 36
‑
9
‑
206(a)(ii);
(iii)
Permit any use other than single
‑
family detached residential property use;
(iv)
Waive or increase the acreage cap provided in W.S. 36
‑
9
‑
205(b);
(v)
Eliminate the allocation procedure requirements of W.S. 36
‑
9
‑
204(b);
(vi)
Eliminate the reversion remedies specified in W.S. 36
‑
9
‑
209.
(d)
Any rules adopted under subsection (b) of this section that modify any operational terms of this article shall state the specific factual conditions necessitating the modification and shall explain how the modification advances the purposes of this act.
36
‑
9
‑
212.
No impairment of trust obligations.
No lands held in trust for any beneficiary shall be conveyed under this article unless separately authorized by law and shall only be conveyed consistent with constitutional, statutory and fiduciary obligations.
36
‑
9
‑
213.
Reporting.
The department shall report not later than October 1 of each year to the joint agriculture, state and public lands and water resources interim committee on all activities under this article, including any clusters established, lots offered, applications received, sales completed, reversions recorded and any enforcement actions.
Section 3.
W.S. 36
‑
1
‑
101(a)(viii) and 36
‑
9
‑
102 are amended to read:
36
‑
1
‑
101.
Definitions.
(a)
Unless the context indicates otherwise, as used in this act:
(viii)
"This act" means W.S. 36
‑
1
‑
101 through 36
‑
3
‑
111, 36
‑
5
‑
101 through 36
‑
7
‑
510 and 36
‑
9
‑
101 through
36
‑
9
‑
121
36
‑
9
‑
213
.
36
‑
9
‑
102.
Manner of sale; minimum price.
(a)
Except as otherwise provided in subsection (b) of this section, a
ll state lands shall be disposed of only at public auction to the highest responsible bidder after having been duly appraised by the board, and shall be sold at not less than the appraised value thereof, and for not less than ten dollars ($10.00) per acre.
(b)
The provisions of W.S. 36
‑
9
‑
101 through 36
‑
9
‑
120 shall not apply to the disposal of lands under the Wyoming Homestead Opportunity Program.
Section 4.
There is appropriated two hundred fifty thousand dollars ($250,000.00) from the general fund to the office of state lands and investments for purposes of a study on the administration and enforcement of the Wyoming Homestead Opportunity Program as created by section 1 of this act. The study may include activities necessary to begin administering the program including surveying and conducting other activities for determining lots and homestead clusters. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2028. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2028.
Section 5
.
This act is effective July 1, 2026
.
(END)
1
HB0055