§ 18-5-303 — Exemptions from provisions

Wyoming § 18-5-303

• Jurisdiction: Wyoming
• Title 18: Counties
• Ch. 5: PLANNING AND ZONING
• Art. 3: REAL ESTATE SUBDIVISIONS

Text

(a) Unless the method of sale or other disposition is
adopted for the purpose of evading the provisions of this
article, this article shall not apply to the following
subdivisions of land however, the following subdivisions are
subject to requirements which may be adopted by the board of
county commissioners regarding documentation of the proper use
and implementation of the following exemptions:
(i) A division of land made outside of platted
subdivisions for the purpose of a single gift or sale to a
member of the landowner's immediate family, subject to the
following requirements:
(A) A member of the immediate family is limited
to any person who is a natural or adopted child, stepchild,
spouse, sibling, grandchild, grandparent or parent of the
landowner;
(B) The purpose of the division is to provide
for the housing, business or agricultural needs of the grantee;
(C) The land shall have been titled in the name
of the grantor, or in the name of a trust controlled by the
grantor, for a combined period prior to the division of not less
than five (5) years for land titled before February 27, 2019, or
ten (10) years for land titled on or after February 27, 2019.
Parcels created under this paragraph shall be titled in the name
of the immediate family member for whom the division is made for
a period of not less than five (5) years, or for not less than
one (1) year if the parcel was created before February 27, 2019,
unless the parcels are subject to involuntary transfer
including, but not limited to, foreclosure, death, judicial
sale, condemnation or bankruptcy;
(D) No parcel smaller than five (5) acres
created under this paragraph shall be further divided unless the
owner obtains a subdivision permit pursuant to W.S. 18-5-304;
(E) Where the landowner is a business entity and
eighty percent (80%) of the ownership interest or shares in the
business entity are held by, or in the name of a trust
controlled by, individuals related by blood or marriage, the
sale or gift may be made subject to the provisions of this
section to an immediate family member of any shareholder who has
owned at least five percent (5%) of the outstanding shares for
at least five (5) years continuously before the date of the sale
or gift.
(ii) A division which may be created by any court of
this state pursuant to the law of eminent domain, by operation
of law or by order of any court in this state, except that this
paragraph shall not exempt a partition of real property pursuant
to W.S. 1-32-101 through 1-32-122 from compliance with this
article if the division would otherwise be subject to the
provisions of this article;
(iii) A division which is created by a lien,
mortgage, deed of trust or any other security instrument,
easements and rights-of-way;
(iv) Lands located within incorporated cities or
towns;
(v) A division which is created by the sale or other
disposition of land to the state of Wyoming or any political
subdivision thereof;
(vi) A division which affects railroad rights-of-way;
(vii) A division which is a sale or other disposition
of land for agricultural purposes or affects the alignment of
property lines for agricultural purposes;
(viii) A division which is created by boundary line
adjustments where the parcel subject of the sale or other
disposition is adjacent to and merged with other land owned by
the grantee;
(ix) A division which creates cemetery lots;
(x) A division which is created by the acquisition of
an interest in land in the name of the husband and wife or other
persons in joint tenancy or as tenants in common, and the
interest shall be deemed for purposes of this subsection as only
one (1) interest;
(xi) A division of land creating a parcel five (5)
acres or less for the purpose of establishing unmanned
communication facilities, compressor stations, metering
stations, fiber optic booster stations or similar unmanned
facilities;
(xii) A division which creates a cluster development
pursuant to and in accordance with article 4 of this chapter;
(xiii) The sale or disposition of separate parcels of
land that were separate when lawfully created or conveyed and
which have not been combined by a recorded instrument of
conveyance signed by all of the owners.
(b) Except as provided in W.S. 18-5-316, this article
shall not apply to the sale or other disposition of land where
the parcels involved are thirty-five (35) acres or larger,
subject to the requirement that ingress and egress and utility
easements shall be provided to each parcel by binding and
recordable easements of not less than forty (40) feet in width
to a public road unless specifically waived by the grantee or
transferee in a binding and recordable document.