§ 18-5-403 — Cluster development permits

(a) No person shall sell land subject to subdivision
regulation under this article, record a plat or commence the
construction of any cluster development under this article
without first obtaining a permit from the board of county
commissioners in which the land is located.
(b) No permit shall be approved until:
(i) A plat of the cluster development has been
prepared by or under the supervision of a Wyoming professional
land surveyor, approved by the board and recorded with the
county clerk in the county in which the land is located which
includes a statement on the plat designating the open space area
and clearly noting the duration of the open space reservation;
(ii) A provision is approved by the board providing
for the designation of the open space, which may be evidenced by
conservation easements, restrictive covenants, dedication of
open space to the public where the dedication will be accepted
by the governing body or any other evidence approved by the
board. The provision shall provide for a process by which the
owners of the lots in the development may retain the designation
of land as open space after the expiration of the initial sixty-
five (65) year period;
(iii) The board finds that the development has met
the conservation design process requirements adopted by the
board.
(c) Each application for a cluster development permit
shall be accompanied by a reasonable fee not to exceed the cost
of processing the application as determined by the board of
county commissioners.
(d) If the open space areas created pursuant to a permit
issued under this article are used for agricultural purposes and
otherwise qualify as agricultural land for purposes of W.S.
39-13-103(b)(x), the area designated as open space shall be
deemed not to be part of a platted subdivision for purposes of
W.S. 39-13-103(b)(x)(B)(II).