§ 35-11-1609 — Use control areas; when establishment required; procedure; contents of petition; notice; failure of governmental entity to act; enforcement; exception

(a) The owner of a site who proposes long-term
restrictions on the use of the site shall petition to the
appropriate governmental entity or entities for the creation of
a use control area to establish long-term restrictions on the
use of the site.
(b) A use control area may be created or modified only
upon the petition of the owner of a site, and notice and public
hearing as provided in subsection (d) of this section, and shall
include only the site, unless adjacent property owners consent.
(c) The petition to establish a use control area shall
contain data, information and any remedy options required in a
preliminary remediation agreement under W.S. 35-11-1606.
(d) Upon submission of a petition for long term use
restrictions, the governmental entity to whom the use area
designation petition has been submitted shall cause the owner to
give written notice of the petition to all surface owners of
record of land contiguous to the site, and to publish notice of
the petition and a public hearing once per week for four (4)
consecutive weeks in a newspaper of general circulation in the
county in which the site is located. The notice shall identify
the property, generally describe the petition and proposed use
restrictions, direct that comments may be submitted to the
governmental entity or entities to whom the petition has been
submitted, and provide the date, time and place of a public
hearing. The public hearing shall be held no sooner than thirty
(30) days after the first publication of the notice. After the
public hearing has been held, the governing board, commission or
council shall vote upon the creation of the use control area in
accordance with applicable rules, regulations and procedures.
No use control area shall be created except upon petition of the
owner and a majority vote of the appropriate board, commission
or council.
(e) The governmental entity to whom the use control area
petition has been submitted shall approve or deny an owner's
petition for a use control area within one hundred eighty (180)
days after the petition is received. The owner and a
governmental entity may agree to extend the time period in which
the governmental entity is to vote upon the petition. The
governmental entity may, on a vote taken within one hundred
eighty (180) days after the petition is received, condition its
vote approving the petition upon the owner's subsequent filing
of the determination by the director that a remedy can be
selected that meets the requirements of W.S. 35-11-1605 and is
consistent with owner's petition.
(f) The restrictions in a use control area are enforceable
by the issuing governmental entity by injunction, mandamus or
abatement, in addition to any other remedies provided by law.
(g) Except as provided in subsection (e), nothing in this
section shall contravene or limit the authority of any county,
city or town to regulate and control the property under their
jurisdiction.
(h) The department shall not have the authority to require
a governmental entity to adopt any zoning regulation or
restriction applicable to a site as part of a remediation or
response action or a remedy agreement.
(j) If the department has issued a no further action
letter under W.S. 35-11-1608, then no use control area
designation shall be required.