(a)Not more than ten (10) days following receipt of an
application for a permit, the director shall:
(i)Serve an electronic or physical copy of the
application upon the governing bodies of local governments which
will be primarily affected by the proposed facility together
with notice of the applicable provisions of W.S. 35-12-111 and,
for proposed facilities meeting the requirements of W.S. 35-12-
102(a)(vii)(E), (F) or (G), serve a copy of the application with
notice of the applicable provisions of W.S. 35-12-111 upon
affected landowners;
(ii)Cause a summary of the application to be
published in one (1) or more newspapers of general circulation
within the area to be primarily affected by the proposed
facility;
(iii)File a copy of the application with the county
clerk of the county or
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(a) Not more than ten (10) days following receipt of an
application for a permit, the director shall:
(i) Serve an electronic or physical copy of the
application upon the governing bodies of local governments which
will be primarily affected by the proposed facility together
with notice of the applicable provisions of W.S. 35-12-111 and,
for proposed facilities meeting the requirements of W.S. 35-12-
102(a)(vii)(E), (F) or (G), serve a copy of the application with
notice of the applicable provisions of W.S. 35-12-111 upon
affected landowners;
(ii) Cause a summary of the application to be
published in one (1) or more newspapers of general circulation
within the area to be primarily affected by the proposed
facility;
(iii) File a copy of the application with the county
clerk of the county or counties in which the proposed facility
will be constructed;
(iv) Serve an electronic or physical copy of the
application and notice of hearing upon each tribal government
located within the same or adjacent county to where the
industrial facility will be located.
(b) The division shall obtain information and
recommendations from the following state agencies relative to
the impact of the proposed facility as it applies to each
agency's area of expertise:
(i) Wyoming department of transportation;
(ii) Public service commission;
(iii) Repealed By Laws 1998, ch. 6, § 5.
(iv) Game and fish department;
(v) Department of health;
(vi) Department of education;
(vii) Office of state engineer;
(viii) Repealed by Laws 1990, ch. 44, § 3.
(ix) Wyoming state geologist;
(x) Wyoming department of agriculture;
(xi) Department of environmental quality;
(xii) Repealed by Laws 1992, ch. 60, § 4.
(xiii) Repealed by Laws 1990, ch. 44, § 3.
(xiv) The University of Wyoming;
(xv) Department of revenue;
(xvi) The Wyoming business council;
(xvii) Department of workforce services;
(xviii) Office of state lands and investments;
(xix) Department of workforce services;
(xx) Department of state parks and cultural
resources;
(xxi) Department of fire prevention and electrical
safety;
(xxii) Department of family services;
(xxiii) Oil and gas conservation commission.
(c) The information required by subsection (b) of this
section shall be provided by the agency from which it is
requested not more than sixty (60) days from the date the
request is made and shall include opinions as to the
advisability of granting or denying the permit together with
reasons therefor, and recommendations regarding appropriate
conditions to include in a permit, but only as to the areas
within the expertise of the agency. Each agency which has
regulatory authority over the proposed facility shall provide to
the council a statement defining the extent of that agency's
jurisdiction to regulate impacts from the facility, including a
statement of the agency's capability to address cumulative
impacts of the facility in conjunction with other facilities.
The statement of jurisdiction from each agency is binding on the
council.
(d) On receipt of an application, the director shall
conduct a review of the application to determine if it contains
all the information required by W.S. 35-12-109 and the rules and
regulations. If the director determines that the application is
incomplete, he shall within thirty (30) days of receipt of the
application notify the applicant of the specific deficiencies in
the application. The applicant shall provide the additional
information necessary within thirty (30) days of a receipt of a
request for additional information from the director.
Note: Effective 1/1/2026 this subsection will read as:
(d) On receipt of an application, the director shall
conduct a review of the application to determine if it contains
all the information required by W.S. 35-12-109 and the rules and
regulations. If the director determines that the application is
incomplete, he shall within thirty (30) days of receipt of the
application notify the applicant of the specific deficiencies in
the application. The applicant shall provide the additional
information necessary within forty-five (45) days of a receipt
of a request for additional information from the director.
(e) Upon receipt of the additional information specified
in subsection (d) of this section, the director shall either
notify the applicant that the application is complete or notify
the applicant of continued deficiencies. The applicant shall
provide the required information within fifteen (15) days of
receipt of the notice of continued deficiency. Upon receipt of
the second deficiency notice, the applicant may:
(i) Provide the required information within the time
allotted; or
(ii) Withdraw the application.
(iii) Repealed By Laws 2010, Ch. 47, § 2.
(f) Not more than ninety (90) days after receipt of an
application for a permit, the director shall:
Note: Effective 1/1/2026 this subsection will read as:
(f) Not more than one hundred twenty (120) days after
receipt of an application for a permit, the director shall:
(i) Schedule and conduct a public hearing, provided
that no hearing shall be held until the state engineer has
submitted a preliminary and final opinion as to the quantity of
water available for the proposed facility pursuant to W.S.
35-12-108;
(ii) Notify the applicant, tribal governments, if
applicable, and local governments of the hearing and, for
proposed facilities meeting the requirements of W.S. 35-12-
102(a)(vii)(E), (F) or (G), notify affected landowners;
(iii) Cause notice of the hearing to be published in
one (1) or more newspapers of general circulation within the
area to be primarily affected by the proposed facility; and
(iv) Hold the hearing at a community as close as
practicable to the proposed facility. The provisions of W.S.
35-12-111, 35-12-112 and 35-12-114 apply to the hearing.
(g) For proposed facilities meeting the requirements of
W.S. 35-12-102(a)(vii)(E), (F) or (G):
(i) The division shall request information and
recommendations from affected landowners relative to the impact
of the proposed facility as it applies to each affected
landowner's lands and interests;
(ii) Not less than twenty-five (25) days prior to any
scheduled hearing on the application, the director shall provide
to all affected landowners a copy of all information received
from agencies providing information under subsections (b) and
(c) of this section; and
(iii) Agencies providing opinions and recommendations
under subsections (b) and (c) of this section shall receive
comments from affected landowners and shall provide a summary of
all affected landowner comments with other information
submitted. If comments are received after the agency's other
information is submitted, the comments shall be forwarded when
received to the division.