Read the full stored bill text
26LSO-0151
2026
STATE OF WYOMING
26LSO-0151
Numbered
2.0
SENATE FILE NO. SF0042
County zoning authority-amendments.
Sponsored by: Senator(s) Gierau and Anderson and Representative(s) Byron, Campbell, E and Harshman
A BILL
for
AN ACT relating to counties; amending and clarifying the authority for counties to implement zoning regulations for specified purposes; amending the ability of counties to enact zoning resolutions associated to the extraction and production of specified minerals; making conforming amendments; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 18
‑
5
‑
201(a) and 36
‑
5
‑
114(d)(intro) are amended to read:
18
‑
5
‑
201.
Authority vested in board of county commissioners; inapplicability of chapter to incorporated cities and towns; mineral resources; private schools.
(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
nongovernmental
purposes in the unincorporated area of the county
,
. However,
in accordance with all of the following:
(i)
As used in this subsection:
(A)
"Mineral resources" shall not include sand, gravel or any other common rock used for construction or similar uses;
(B)
"Unincorporated area" includes unincorporated areas owned or controlled by a governmental entity or any lessee or permittee of a governmental entity.
(ii)
N
othing in W.S. 18
‑
5
‑
201 through 18
‑
5
‑
208 shall be construed to contravene any zoning authority of any incorporated city or town
or any other federal or state law prohibiting or limiting county regulation in the unincorporated area of the county;
.
(iii)
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.
Nothing in this subsection shall prevent a board of county commissioners from enacting a zoning resolution or plan to prevent or limit any use or occupancy related to the extraction or production of sand, gravel or any other common rock used for construction or similar uses;
(iv)
No board of county commissioners shall require that a land use or physical development be consistent with a local land use plan unless the applicable provisions of the local land use plan have been incorporated into the local zoning regulations
;
.
(v)
Nothing in W.S. 18
‑
5
‑
201 through 18
‑
5
‑
208 shall be construed to allow any board of county commissioners, through the establishment of minimum lot size requirements or otherwise, to prevent residential or agricultural uses authorized for land divisions that are exempt from subdivision requirements pursuant to W.S. 18
‑
5
‑
303(a)(i)
;
.
(vi)
No zoning resolution or plan shall regulate and restrict the location and use of buildings and structures and the use, condition of use or occupancy of lands for the use of a private school as defined in W.S. 21
‑
4
‑
101(a)(iii) in any manner different from a public school, provided that the private school:
(i)
(A)
Is certified by the professional engineer or architect of record for the private school as being substantially similar to school facility commission guidelines for education buildings and siting and is designed to be constructed with appropriate materials, means and methods;
(ii)
(B)
Has capacity for fifty (50) students or more; and
(iii)
(C)
Is owned and operated by a not for profit entity.
36
‑
5
‑
114.
Leasing for industrial, commercial, residential and recreational purposes; authority; rental fees; rules and regulations.
(d)
The board shall promulgate rules and regulations implementing policies, procedures and standards for the long
‑
term leasing of state lands for industrial, commercial and recreational purposes under the provisions of W.S. 36
‑
5
‑
114 through 36
‑
5
‑
117, including provisions requiring compliance with all applicable land use planning and zoning laws
, including compliance with any limitation on land use imposed by a county under W.S. 18
‑
5
‑
201(a),
and permitting the board to terminate a lease for good cause shown. 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
.
Nothing in this act shall be construed to alter, amend or impair any lease, contract or other agreement entered into before July 1, 2026.
Section 3
.
This act is effective July 1, 2026
.
(END)
1
SF0042