(a) Except as otherwise provided, a county may, by
resolution, elect to apply the provisions of this article on a
uniform basis to the sale or disposition of any land where the
subdivision creates parcels that are thirty-five (35) acres or
larger and up to one hundred forty (140) acres. Except as
provided in this subsection, each lawfully recorded parcel of
land on July 1, 2008 shall be exempted from all provisions of
this section other than compliance with paragraphs (i) through
(iii) of this subsection and W.S. 18-5-317 and shall be allowed
to be divided into not more than ten (10) parcels of one hundred
forty (140) acres or less in size, provided that each new or
remaining parcel is no less than thirty-five (35) acres.
Parcels created pursuant to this exemption may be created at any
time and may be created over a period of years through separate
transactions. In no case, however, shall this exemption be used
to create more than ten (10) parcels of land from each original
parcel and each parcel created after July 1, 2008 shall be
subject to this section and W.S. 18-5-317 as otherwise provided
in this section. Boundary adjustments between or among parcels
shall not be considered as a division of property subject to the
limitations in this section. If a county elects to apply this
article to sales or dispositions where the subdivision creates
parcels that are thirty-five (35) acres or larger and up to one
hundred forty (140) acres, unless the property is exempted under
this subsection, the subdivider shall obtain a subdivision
permit pursuant to this section. The provisions of W.S.
18-5-306 and 18-5-315 shall not be applicable to a subdivision
of land under this section but nothing in this sentence shall
prohibit application of lawfully adopted zoning provisions.
Before granting the exemption provided in this subsection the
board may require the person seeking the exemption to submit any
or all of the following:
(i) A legal description or recordable survey
containing the following:
(A) Date of preparation, scale and north arrow;
(B) The location of the subdivision units
including the section, township and range;
(C) The location and dimension of access and
utilities easements, which shall conform to the requirements of
W.S. 18-5-303(b).
(ii) Evidence of compliance with paragraph (b)(ix) of
this section;
(iii)(A) If a centralized water supply system is
proposed for the subdivision, a study evaluating the water
supply system proposed and the adequacy and safety of the
system. The study shall include information relative to the
potential availability and quality of groundwater proposed
within the subdivision which may consist of new data, existing
data on other working wells in the area, or other data,
including drilling logs, from a test well drilled within the
subdivision indicating soil types, depth, quantity and quality
of water produced in the test well;
(B) Where individual on-lot wells are proposed:
(I) The study under subparagraph (A) of
this paragraph shall not be required and the words "NO PROPOSED
CENTRAL WATER SUPPLY SYSTEM," in bold capital letters shall
appear on all offers, contracts, agreements and plats relating
to the subdivision; and
(II) The board may require a study relative
to the potential availability and quality of groundwater
proposed within the subdivision which may consist of new data,
existing data on other working wells in the area, or other data,
including drilling logs from a test well drilled within the
proposed subdivision indicating soil types, depth, quantity and
quality of water produced in the test well.
(b) The board may require, and with respect to paragraph
(ix) of this subsection shall require, the following information
to be submitted with an application for a subdivision permit
pursuant to this section:
(i) Evidence that the proposed subdivision complies
with any applicable zoning regulations;
(ii) A survey plat submitted by the subdivider
containing the following:
(A) Date of preparation, scale and north arrow;
(B) The location of the subdivision including
the section, township and range;
(C) The location and dimension of existing and
proposed lots, units, tracts, parcels, streets, alleys, roads,
highways, public ways, utility rights-of-way, easements, parks
and the location of proposed permanent buildings and structures
if known.
(iii) Evidence that:
(A) The subdivider or his duly authorized agent
who offers any part of the subdivision for sale or who solicits
any offers for the purchase thereof, may convey merchantable
title subject only to noted reservations or restrictions of
record and subject only to a proportionate share of real
property taxes or assessments charged or assessed for the year
in which any such sale may be legally effected; or
(B) Binding arrangements have been made by the
person or his duly authorized agent who offers any part of the
subdivision for sale, to assure purchasers of any part of the
subdivision that upon full payment of the purchase price a deed
can and will be delivered conveying merchantable title subject
only to noted reservations or restrictions of record and subject
only to a proportionate share of such taxes and assessments
thereon as may be levied or assessed for the year in which the
sale may be legally effected.
(iv) A study evaluating the sewage system proposed
for the subdivision and the adequacy and safety of the system.
Where individual on-lot sewage systems are proposed, the words
"NO PROPOSED CENTRALIZED SEWAGE SYSTEM," in bold capital letters
shall appear on all offers, contracts, agreements and plats
relating to the subdivision;
(v) If the subdivider proposes to utilize adjoining
property for sewers, drainage, sewer lines, power lines or other
utilities, the subdivider shall provide copies of binding
easements of not less than twenty (20) feet in width for the
proposed facilities from each property owner over whose land
such services shall extend and shall provide a minimum access
roadway right-of-way of sixty (60) feet to the subdivision for
all public ways. Where no or limited on-lot utility connections
are proposed, the words "NO PROPOSED UTILITY CONNECTIONS" or
"LIMITED UTILITY CONNECTIONS," as appropriate, in bold capital
letters shall appear on all offers, contracts, agreements and
plats relating to the subdivision. A permit shall not be denied
for failure to provide on-lot utility connections;
(vi)(A) A study evaluating the water supply
system proposed for the subdivision and the adequacy and safety
of the system. The study shall include information relative to
the potential availability and quality of groundwater proposed
within the subdivision which may consist of new data, existing
data on other working wells in the area, or other data,
including drilling logs, from a test well drilled within the
proposed subdivision indicating soil types, depth, quantity and
quality of water produced in the test well;
(B) Where individual on-lot wells are proposed:
(I) The words "NO PROPOSED CENTRAL WATER
SUPPLY SYSTEM," in bold capital letters shall appear on all
offers, contracts, agreements and plats relating to the
subdivision; and
(II) The board may require a study relative
to the potential availability and quality of groundwater
proposed within the subdivision which may consist of new data,
existing data on other working wells in the area, or other data,
including drilling logs from a test well drilled within the
proposed subdivision indicating soil types, depth, quantity and
quality of water produced in the test well.
(vii) Documentation that adequate ingress and egress
access has been provided to all proposed lots, units, tracts and
parcels and that all proposed lots, units, tracts, parcels,
streets, alleys and roadways within the subdivision conform to
the minimum standards adopted by the board and applied uniformly
throughout the county which shall not in itself constitute
consent of the board to locate, repair or maintain roadways and
facilities. If, however, the subdivider proposes to make any
streets, alleys or roadways private, then the subdivider shall
submit to the board properly acknowledged written certification
that certain streets, alleys or roadways within the subdivision
shall remain private and the board shall be under no obligation
to repair, maintain or accept any dedication of these roads to
the public use. If no such public maintenance is contemplated
on any of the roads, the subdivider shall put a legend on the
plat of the subdivision and on all offers, contracts or
agreements for the sale and purchase of lots within the
subdivision showing the streets, alleys and roadways showing in
capital letters "NO PUBLIC MAINTENANCE OF SPECIFIED STREETS OR
ROADS";
(viii) Documentation that the subdivider has adequate
financial resources to develop and complete any facility
proposed or represented to be the responsibility of the
subdivider, including but not limited to water supply systems,
sewage systems, streets and roadways. The applicant shall
provide a performance bond, acceptable letter of credit or other
sufficient financial commitment to assure that any facilities
proposed or represented to be part of the subdivision will in
fact be completed as proposed, or escrow sufficient monies out
of land sales to guarantee that the above facilities are
installed. The amount of any bond or other financial commitment
or escrow required under this paragraph shall reflect the
estimated costs of providing the facilities;
(ix) With respect to any water rights appurtenant to
lands to be subdivided in accordance with this section and prior
to final approval of the subdivision permit, the subdivider
shall provide the following:
(A) The intended disposition of the water rights
by:
(I) Written documentation from the state
board of control that the subdivider submitted to the state
board of control all documents necessary to voluntarily abandon
the water rights, cancel any unadjudicated permits or eliminate
applicable lands from any unadjudicated permits. The subdivider
shall notify any purchasers of this action;
(II) Written documentation from the state
board of control that the subdivider submitted to the state
board of control all documents necessary to change the use or
place of use to provide for beneficial use of the water rights
outside the subdivision;
(III) A plan, accompanied by written
documentation from the state engineer approving the plan, for
the distribution of the water rights appurtenant to the land to
be subdivided. The plan shall specify the distribution of the
water to the lots within the subdivision and shall include
written documentation from the state board of control that the
subdivider submitted to the state board of control all documents
necessary to change the use, place of use or point of diversion
or means of conveyance in accordance with W.S. 41-3-103, 41-3-
104 or 41-3-114; or
(IV) Written documentation from the state
board of control that it accepted an authorization to detach
water rights appurtenant to the lands to be subdivided in
accordance with rules and regulations promulgated by the state
board of control.
(B) If the subdivision is located within lands
served by or crossed by a ditch, irrigation works or other water
conveyance system, evidence that the subdivider submitted the
plan to the public entity, company, association or appropriators
responsible for the ditch, irrigation works or other water
conveyance system for review and recommendations at least sixty
(60) days prior to the submittal of the application for the
subdivision permit to the board; and
(C) Evidence that the subdivider will
specifically state on all offers relative to the subdivision the
subdivider's intent to comply with this paragraph and that the
subdivider does not warrant to a purchaser that the purchaser
shall have any rights to the natural flow of any stream within
or adjacent to the proposed subdivision. The subdivider shall
further state that Wyoming law does not recognize any riparian
rights to the continued natural flow of a stream or river for
persons living on the banks of the stream or river.
(x) Evidence that all parcels of land created by the
subdivision will be subject to written and recorded covenants or
other instruments creating an entity, binding on subsequent
owners of the land within the subdivision. The entities that
may be used include, but are not limited to, special improvement
districts, homeowners associations and mutual benefit
corporations. The board shall not mandate the creation of an
entity with the ability to interfere with any owner's ability to
use his private property, except to collect any assessment. The
entity shall have the ability to address the following topics:
(A) Maintenance and responsibility for common
areas, roads and water supply systems and assessments against
all parcels of land in the subdivision to defray the costs
thereof;
(B) Continued management of the entity.
(c) The board shall require the applicant to obtain review
and recommendations from the local conservation district
regarding soil suitability, erosion control, sedimentation and
flooding problems. The review and recommendations shall be
completed within sixty (60) days.
(d) The board shall require the applicant to obtain review
and recommendations from a fire protection district in which any
portion of the subdivision lies, from the authority having
jurisdiction over fire prevention and protection in the area or
from the nearest fire protection district if no part of the
subdivision lies within a fire protection district, regarding
adequacy of fire protection measures. If the entire subdivision
does not lie within a fire protection district and no city, town
or fire protection district is obligated to provide fire
protection pursuant to an agreement authorized by law the
subdivider shall put a legend on the plat of the subdivision and
on all offers, contracts or agreements for the sale and purchase
of lots within the subdivision showing in capital letters "LOTS
ARE NOT PART OF A FIRE PROTECTION DISTRICT AND FIRE PROTECTION
IS NOT OTHERWISE PROVIDED".
(e) If the permit is approved the board shall require the
applicant to put a legend on the plat and on all offers,
contracts or agreements for the sale and purchase of lots within
the subdivision showing in capital letters "THE SURFACE ESTATE
OF THE LAND TO BE SUBDIVIDED IS SUBJECT TO FULL AND EFFECTIVE
DEVELOPMENT OF THE MINERAL ESTATE".
(f) Nothing in this section shall require the acquisition
of a permit for the sale or disposition of lands that on or
before July 1, 2008 have been developed and promoted as part of
a large acre subdivision as evidenced by dated plat maps, sales
brochures or other evidence acceptable to the board.
(g) If the lots, units, tracts or parcels created pursuant
to a permit issued under this section are used for agricultural
purposes and otherwise qualify as agricultural land for purposes
of W.S. 39-13-103(b)(x), the lots, units, tracts or parcels
shall be deemed not to be part of a platted subdivision for
purposes of W.S. 39-13-103(b)(x)(B)(II).