Chapter 8 - Land Use Planning
CHAPTER 8 - LAND USE PLANNING
ARTICLE 1 - GENERAL PROVISIONS
9-8-101. Short title.
Thisact shall be known as the "Land Use Planning Act".
9-8-102. Definitions.
(a) As used in this act:
(i) "Areas of critical or more than local concern"means those areas defined and designated by the commission where uncontrolledor incompatible large scale development could result in damage to theenvironment, life or property, where the short or long term public interest isof more than local significance. Such areas are subject to definition by thecommission as to their extent and shall include but are not limited to: fragileor historic lands, natural hazard lands, renewable resource lands, new townlands and additional areas the commission determines to be of more than localconcern. No area of critical or more than local concern shall be designated bythe commission without at least one (1) public hearing within the physicalboundaries of the area to be so designated;
(ii) "Commission" means the state land use commission;
(iii) "Director" means the administrative head of theoffice of land use administration;
(iv) "Goal" means a desired condition as it relates toland use. Historical land use of the majority of the land in a region shall bea determining factor in defining goals;
(v) "Guidelines" means a checklist of methods throughwhich a land use policy is established;
(vi) "Land use planning" means the process whichguides the growth and development of an area and assures the best and wisestuse of that area's resources now and in the future;
(vii) "Large scale development" means any private orpublic development which because of its magnitude of land area or the magnitudeof its effect on the surrounding environment is likely to affect a wide area orpopulation;
(viii) "Local government" means any county, city ortown, or any combination of the above as formed under the provisions of theWyoming Joint Powers Act;
(ix) "Local land use plan" means any written statementof land use policies, goals and objectives adopted by local governments. Suchplans shall relate to an explanation of the methods for implementation,however, these plans shall not require any provisions for zoning. Any localland use plan may contain maps, graphs, charts, illustrations or any other formof written or visual communication;
(x) "Long range" means a period of time of more thanone (1) year in the future;
(xi) "Objective" means a desired level of achievementor measurable step towards achievement of a goal;
(xii) "Office" means the office of land useadministration located within the office of the governor;
(xiii) "Policy" means the method which should be appliedto obtain a desired goal;
(xiv) "Region" means any combination of localgovernments formed under the Wyoming Joint Powers Act or any land areasdesignated by the commission as critical or of more than local concern;
(xv) "State land use plan" means any written statementof policies, goals and objectives adopted by the commission relating to landuse within the state, which shall include a summary of the policies, goals andobjectives of each countywide plan. The state land use plan shall contain maps,graphs, charts, illustrations or any other form of written or visualcommunication;
(xvi) "Zoning" means a form of regulatory controlgranted to local governments which may be used to guide and to develop specificallowable land use;
(xvii) "This act" means W.S. 9-8-101 through 9-8-302.
ARTICLE 2 - STATE LEVEL
9-8-201. Land use commission; creation; composition; terms of office;officers; meetings; reimbursement.
(a) There is created the Wyoming state land use commission, forthe purpose of guiding land use planning within the state. The commission shallconsist of nine (9) members appointed by the governor. The governor shallappoint seven (7) members of the commission, one (1) from each appointmentdistrict pursuant to W.S. 9-1-218. The remaining two (2) members shall beappointed at large. No state or federal agency employees shall be appointed asmembers of the land use commission.
(b) Initial appointments to the commission shall be three (3)members for two (2) year terms, three (3) members for three (3) year terms andthree (3) members for four (4) year terms. Subsequent appointments shall bemade only for a limited term to end on the expiration date of this act. Anyvacancies shall be filled by the governor for the unexpired portion of theterm, from nominees from the appointment district in which the vacancy occurs,in accordance with the applicable provisions of subsection (a) of this section.
(c) The commission shall meet within thirty (30) days after theinitial appointments to elect a chairman, vice chairman and secretary fromamong its members. Officers shall be elected annually thereafter.
(d) The commission shall have at least four (4) regularlyscheduled meetings each year with the chairman or a majority of the memberscalling special meetings whenever deemed necessary. For the purpose ofconducting commission business five (5) members constitute a quorum. A majorityof those appointed is necessary for the adoption of any motion. Written recordsshall be required of all meetings and proceedings.
(e) Commission members shall be reimbursed for per diem,mileage and expenses for attending meetings in the same manner and amount asstate employees.
9-8-202. Land use commission; powers and duties.
(a) The commission has the following powers and duties to:
(i) Keep the governor and citizens informed on a continuingbasis of potential land use problems and the status of land use planning in thestate;
(ii) Adopt, modify, enforce or revise rules and regulationsnecessary for the implementation of the purposes and provisions of this act;
(iii) Accept, receive, procure and negotiate for any grants,gifts, loans or other funds from any source for the purposes of this act;
(iv) Contract with other governmental agencies andnongovernmental professional groups or individuals for services;
(v) Employ with the consent of the governor a director of theoffice of land use administration, as established in W.S. 9-8-203, and definehis duties pursuant to W.S. 9-8-204;
(vi) Adopt, within twelve (12) months following the firstmeeting of the commission, and after holding public hearings, statewide landuse goals, policies and guidelines, in accordance with the best interests ofthe state, counties, cities, towns and regions. The guidelines shall includedefinitions of land uses such as, but not limited to, agricultural,residential, commercial, industrial, open space, transportation, utilities,recreational, historic, scenic and water storage;
(vii) Develop a state land use plan after public hearings heldthroughout the state, within two and one-half (2 1/2) years after the adoptionof statewide land use goals, policies and guidelines;
(viii) Obtain and analyze on a continuing basis a statewideinventory to include, but not be limited to data relating to: land and naturalresources; population densities and trends; industrial development and plantsiting; economic characteristics and projections; environmental conditions andtrends and directions and extent of urban and rural growth;
(ix) Identify, after public hearing, those areas in the statedetermined to be of critical or more than local concern and establishdevelopmental guidelines for such areas;
(x) Assist local governments in the planning for thedevelopment and regulation in the areas determined to be of critical or morethan local concern;
(xi) Define, when deemed necessary, regions for land useplanning;
(xii) Cooperate with federal agencies and with other states,provided that such cooperation is performed in a manner to assure that nofederal intervention or control shall take place in the initial or continuingstate or local land use planning process;
(xiii) Coordinate land use planning activities with other stateagencies, boards, commissions and departments;
(xiv) Provide technical assistance, information and education tothe state, counties, municipalities, regions and political subdivisions of thestate, relative to land use planning.
9-8-203. Office of land use administration; creation.
Thereis created within the governor's office, "the office of land useadministration".
9-8-204. Office of land use administration; director.
(a) The commission, with the consent of the governor, shallappoint a director of the office who will serve at the pleasure of thecommission and the governor, as the executive and administrative head. With theapproval of the governor and the commission, the director shall employ a staffnecessary to carry out the functions and responsibilities of the office.Qualifications of the director shall be determined by the commission.
(b) The director shall perform all acts necessary to administerand enforce this act and any rules, regulations and orders of the commissionand carry out the policies and guidelines established by the commission.
ARTICLE 3 - LOCAL LEVEL
9-8-301. Development of plans.
(a) All local governments shall develop a local land use planwithin their jurisdiction. The plans shall be consistent with established stateguidelines and be subject to review and approval by the commission.
(b) All incorporated cities and towns shall have the option todevelop a land use plan in accordance with the requirements of W.S. 9-8-302(a),or cooperate with the county to develop such a plan under W.S. 9-8-302(b).
(c) All counties shall develop a countywide land use plan whichshall incorporate the land use plans of all incorporated cities and townswithin the county.
9-8-302. Procedural requirements; intergovernmental cooperation.
(a) The duty, procedures and requirements for public hearingsand responsibility for land use planning at the local level shall be exercisedby the cities and towns pursuant to W.S. 15-1-601 et seq. and by the respectivecounties pursuant to W.S. 18-5-201 et seq.
(b) For the purpose of development of local land use plans, thelocal government within each city, town and county may cooperate in thedevelopment of land use plans not inconsistent with established goals, policiesand guidelines in accordance with the powers granted by the Wyoming JointPowers Act.