SHERIDAN — Outside of city limits, most land in Sheridan County is zoned agricultural, with a few exceptions that may be industrial, rural residential or other designations.
“For the most part, the county is zoned ag, and when people are going to do a subdivision, as long as it fits within our comprehensive plan, (officials) will let them change the zoning,” Paul Fall, Sheridan County Assessor said.
Just over a million acres are zoned, and taxed, as agricultural lands within the county. An interactive GIS map showing how all land within Sheridan County is zoned is available on the county’s website.
But not all Wyoming counties operate in the same way.
Sheridan County adopted zoning in 1985, after the state legislature authorized counties to do so around the time of Gov. Ed Herschler, said Sheridan County Planner Mark Reid. Today, about half of Wyoming counties have adopted some form of zoning.
In the same era, officials also required that counties and municipalities adopt comprehensive plans to guide development, as Wyoming's population boomed alongside the oil and gas industry.
“I wasn’t here at the time, but I suspect the reasons were many and varied, and I’m sure it was a hot topic at that time,” Reid said.
One reason Sheridan County employs zoning, according to Reid, is to make Sheridan County’s Comprehensive Plan enforceable. That document guides development in a way that makes sense for the county, Reid said. In addition to state law that mandates planning, minimum requirements for subdivision permits within the state are outlined in state statute 18-5-306.
But a plan is not enforceable on its own, Reid said.
“The only way to enforce that plan, or to put into place the goals and maps and policies, is through zoning,” Reid said. “So while every county may have a plan, some are ancient, probably never touched since the 1970s, and unless they adopt zoning, the plan is (ineffective).”
Rezone applications are typically evaluated by the Sheridan County Planning and Zoning Commission and the Board of County Commissioners, Reid continued. Each application carries a fee of $600 for the first 50 acres, and $10 for each additional acre. Applicants must submit a list with all property owners’ names and addresses within half a mile of the area of the proposed rezone if the application area is zoned “A-Agricultural,” or 500 feet when proposed in any other zoning district. A concept plan for the proposed project must also be included.
In a letter of intent, applicants must explain how the proposed change in land use or zoning affects the health, safety and general welfare of the citizens of Sheridan County, as well as whether a change is consistent with the county’s comprehensive plan. The letter must also explore the possible effect of the rezone on the character of the surrounding community, landowners and/or land uses, and potential impacts to roads, water, sewer and traffic volumes.
All impacts are compared with the county’s comprehensive plan and its future land use plan.
“Ideally, we try to update the comprehensive plan every five to 10 years,” Reid said.
Similar procedures are followed in many counties.
Outside of Cheyenne, Laramie County requires that zoning district map amendments or regulations be found by the planning commission to be consistent with plans and policies of the county before being approved by a higher body.
Park County requires applicants show new uses and construction conform to “applicable zoning requirements” in the county’s unincorporated areas.
‘Anyone can build what they want’
But in other counties across the state, no zoning at all is employed outside city limits.
That is the case in places like Bighorn, Johnson and Fremont counties. Fremont County has no zoning, but the assessor breaks down parcels, following state statute, into agricultural, residential and commercial for the purpose of taxation.
“Anyone can build what they want in the county,” Steve Baumann, Director of Fremont County Planning and Rural Addressing, said. “We require a septic permit and an address, and we suggest everyone who builds hire a contractor to follow the state-adopted building codes.”
For the most part, Big Horn County does not have any zoning either, according to Paul Thur, Big Horn County Airport Manager and Land Planning Manager. Subdivisions can occur on any privately-owned land in the county, and anyone can submit a simple subdivision application for five lots or less, or a major subdivision application for greater than five lots on their property.
“The only two exceptions to my ‘no zoning’ answer are flood protection zones and airport protection zones,” Thur said.
Much of the discrepancy from county to county speaks to the importance officials place on local control.
“Our process is very limited in how much oversight we do,” Sam Proffer, Planner and Zoning Administrator for Campbell County said. “We do (permit) septic systems … but we don’t charge fees for any of our permitting, and it is very fast and easy.”
Campbell County does not have county-wide zoning, but most subdivisions have been zoned specifying how the land may be used, and planned home builds must have an individualized soil report for safety reasons.
“They really take a hands-off approach here in Campbell County,” Proffer said. “The commissioners have historically been big advocates of property rights, and they try to pare these things down to the bare minimum.”
This story was published on July 3, 2024.
