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26LSO-0390
2026
STATE OF WYOMING
26LSO-0390
Numbered
2.0
HOUSE BILL NO. HB0148
Land, Water and Fiscal Integrity Act.
Sponsored by: Representative(s) Campbell, K, Johnson, Lucas, Strock, Styvar and Webber and Senator(s) Pearson and Steinmetz
A BILL
for
AN ACT relating to state lands; providing a process for county commissioners to request a hearing for certain state land leases; specifying requirements for leases for specified industrial purposes; providing definitions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 36
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1
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101(a) by creating a new paragraph (ix) and by creating a new subsection (b), 36
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5
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105(a) and 36
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5
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114(a) and (d)(intro) are amended to read:
36
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1
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101.
Definitions.
(a)
Unless the context indicates otherwise, as used in this act:
(ix)
"Utility scale industrial project" means any industrial project on state lands, other than an industrial project for the production of coal, oil, gas or other minerals, that includes either or both of the following:
(A)
A total capital cost of not less than fifteen million dollars ($15,000,000.00);
(B)
A total project footprint of not less than three hundred twenty (320) acres.
(b)
The legislature finds that utility scale industrial projects may create potential risks to the state's primary economic interests and a rigorous review of the projects is required prior to approval to ensure the greatest benefit to state land beneficiaries and to avoid litigation costs to the state.
36
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5
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105.
Criteria for leasing; preferences; assignments, subleases or contracts; lands taken for war purposes; mineral lands excepted; agricultural lands.
(a)
All state lands leased by the state board of land commissioners, for grazing and other agricultural purposes shall be leased in such manner and to such parties as shall inure to the greatest benefit to the state land trust beneficiaries.
No lease of state lands for a utility scale industrial project shall be made without a public hearing in the county in which the land is located if a hearing is requested by the county commissioners.
36
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5
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114.
Leasing for industrial, commercial, residential and recreational purposes; authority; rental fees; rules and regulations.
(a)
The board of land commissioners may lease for a term of not more than seventy
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five (75) years state lands for industrial, commercial and recreational purposes.
No lease for any utility scale industrial project shall be authorized or renewed unless:
(i)
The lease requires the utility scale industrial project to implement an aircraft detection lighting system, if required, that is radar activated to limit the visual impact of the utility scale industrial project; and
(ii)
Prior to approval of the lease, the board of land commissioners conducts a written analysis of potential adverse impacts of the lease on nature based tourism and on local ad valorem tax revenue from diminished property values. The written analysis under this subsection shall include:
(A)
Impacts of the lease on viewsheds, national trails and private property. The analysis of the impacts on viewsheds under this paragraph shall include a digital viewshed analysis to determine landscape compatibility. If the project is found to extend above the natural horizon line visible from a national historic trail, the board shall require the applicant to submit a visual mitigation plan to reduce the visual impacts of the project prior to any approval of the lease;
(B)
A report from the Wyoming game and fish commission on potential impacts of the lease on critical big game migration corridors. If the report from the Wyoming game and fish commission includes a finding of material concern and the board approves the lease, the written analysis from the board shall include written findings of why the lease was approved in consideration of the findings of the Wyoming game and fish commission;
(C)
A summary of testimony submitted by any county official, including testimony on whether the lease is consistent with local county land use planning and zoning or conflicts with any local ordinance;
(D)
A summary of testimony submitted by any adjoining landowner or any property owner who may have a material adverse impact resulting from the lease. As used in this subparagraph, "material adverse impact" includes, but is not limited to, visual impacts that disturb the natural horizon line from a primary residence or national historic trail, projected decreases to property value or other fiscal impacts.
(d)
The board shall promulgate rules and regulations implementing policies, procedures and standards for the long
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term leasing of state lands for industrial, commercial and recreational purposes under the provisions of W.S. 36
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5
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114 through 36
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5
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117, including provisions requiring compliance with all applicable land use planning and zoning laws and permitting the board to terminate a lease for good cause shown.
For the long
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term leasing of state lands for a utility scale industrial project, the rules shall require the lessee to deposit a bond with the office of state lands and investments for the decommissioning costs associated with the utility scale industrial project as determined by the board.
When the office of state lands and investments initiates a request for a proposed leasing of state lands, the office shall require not less than thirty (30) days notice be provided:
Section 2
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This act is effective July 1, 2026
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(END)
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HB0148