Law

Title 18 Counties

Wyoming · 18 · statute

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Contents: 371 provisions
  1. 18-1-101. Counties named, boundaries.
  2. 18-1-102. Range line explanation.
  3. 18-1-201. County seats enumerated.
  4. 18-1-301. Organization of new counties.
  5. 18-1-302. Petition for organization.
  6. 18-1-303. Assessed valuation and population requirements of proposed and residual counties.
  7. 18-1-304. Appointment of commissioners.
  8. 18-1-305. Meeting of commissioners; oath.
  9. 18-1-306. Commissioners to appoint clerk; oath of clerk; calling election.
  10. 18-1-307. Expenses of special election borne by new county; salary of clerk and commissioners.
  11. 18-1-308. Election of officers.
  12. 18-1-309. Duties of commissioners and clerk.
  13. 18-1-310. When officers to qualify; when county organized.
  14. 18-1-311. Approval of bonds of commissioners.
  15. 18-1-312. Payment of expenses in organization of new county.
  16. 18-1-313. Assessment of property in new counties.
  17. 18-1-314. Taxes for new counties.
  18. 18-1-315. Indebtedness to be apportioned upon division of county.
  19. 18-1-316. Method of ascertaining indebtedness; rule of apportionment.
  20. 18-1-317. Commissioners to report indebtedness to district court.
  21. 18-1-318. Notice of hearing on report.
  22. 18-1-319. Apportionment by court; order for payment by new county; lien upon property of new county.
  23. 18-1-320. New county to issue warrants in payment; tax levy.
  24. 18-1-401. Commissioners to order surveyor of their respective counties to make survey.
  25. 18-1-402. Duty of surveyors in making survey; joint report; findings conclusive if in agreement.
  26. 18-1-403. Reports of county surveyors to be separate when they disagree.
  27. 18-1-404. Application to court for settlement when
  28. 18-1-405. Court to appoint surveyor; filing of surveyor's report; action upon report; appeal.
  29. 18-1-406. Application to court upon refusal to survey; action taken by court.
  30. 18-1-407. Expenses and costs to be paid jointly.
  31. 18-2-101. General powers.
  32. 18-2-102. Property.
  33. 18-2-103. Buildings generally; infrastructure for court information technology.
  34. 18-2-104. Joint city and county buildings.
  35. 18-2-105. County, city or local housing authority;
  36. 18-2-106. Senior citizen advisory commission.
  37. 18-2-107. Cooperation with other agencies for funding and operation of senior citizen centers.
  38. 18-2-108. Joint establishment, operation, contracts and
  39. 18-2-109. Name in which county shall sue or be sued.
  40. 18-2-110. Commissioners to receive service of process and employ attorney in behalf of counties.
  41. 18-2-111. Judgment against county to be paid by tax levy; when execution to issue.
  42. 18-2-112. Contracts for human services.
  43. 18-2-113. Prohibition of towing by a county.
  44. 18-2-114. Prohibitions; amateur radio antenna regulation.
  45. 18-2-115. Nuisance abatement; procedures.
  46. 18-2-116. County prohibitions on utility connections.
  47. 18-3-101. Time of qualifying.
  48. 18-3-102. County officers required to execute bonds; amount; sureties; penalty.
  49. 18-3-103. Offices and records to be kept within county;
  50. 18-3-104. Copies of instruments and transcripts of records as evidence.
  51. 18-3-105. Powers and compensation in special cases.
  52. 18-3-106. Full-time officers enumerated.
  53. 18-3-107. Annual salaries of certain officers; additional
  54. 18-3-108. Salaries paid in monthly installments; allowance by commissioners.
  55. 18-3-109. Repealed By Laws 2010, Ch. 69, § 208.
  56. 18-3-110. Reimbursement for traveling expenses; receipt required.
  57. 18-3-111. Responsibility of officers.
  58. 18-3-112. Powers; bonds.
  59. 18-3-201. Qualifications; certification and education.
  60. 18-3-202. Oath.
  61. 18-3-203. Supplies.
  62. 18-3-204. Duties generally.
  63. 18-3-205. Interfering with assessor; failure to return property; penalties.
  64. 18-3-206. Penalties.
  65. 18-3-301. Office created; qualifications; certificate of election; counties empowered to consolidate.
  66. 18-3-302. Duties generally; employment of other attorneys by county.
  67. 18-3-303. Fees or salary; restriction upon employment; failure to perform official duties.
  68. 18-3-304. Travel allowances.
  69. 18-3-305. Repealed by Laws 1981, Sp. Sess., ch. 22, § 2.
  70. 18-3-401. Office created; election.
  71. 18-3-402. Duties generally.
  72. 18-3-501. Composition; election for increasing the number; term; quorum; election for districting; procedures.
  73. 18-3-502. Meetings in counties.
  74. 18-3-503. Length of sessions.
  75. 18-3-504. Powers and duties generally.
  76. 18-3-505. Commissioners may authorize acceptance of
  77. 18-3-506. Seal; meetings open to public; rules and regulations.
  78. 18-3-507. Selection of chairman.
  79. 18-3-508. Chairman to administer oaths and sign orders.
  80. 18-3-509. Fire protection.
  81. 18-3-510. Claims against county to be itemized and verified; penalty.
  82. 18-3-511. Presentation, auditing and payment of claims;
  83. 18-3-512. Repealed By Laws 2011, Ch. 129, § 207.
  84. 18-3-513. Appeal on disallowance of claim.
  85. 18-3-514. County officers to be provided with stationery and supplies.
  86. 18-3-515. Preparation and publication of annual statements.
  87. 18-3-516. Publication of proceedings; publication of salary information of certain officials and employees.
  88. 18-3-517. Designation of official paper.
  89. 18-3-518. Legal advertising; rates; type size
  90. 18-3-519. Requirements as to newspaper publishing legal notices.
  91. 18-3-520. Restrictions upon employment of attorneys.
  92. 18-3-521. Appropriation to encourage industrial development; advertising county resources.
  93. 18-3-522. Membership in organizations for furtherance of good government.
  94. 18-3-523. Removal from office.
  95. 18-3-524. Appointments to fill vacancies; term.
  96. 18-3-525. Dissolution of boards; procedure.
  97. 18-3-601. Office created; election.
  98. 18-3-602. Qualifications, appointment, duties and salary
  99. 18-3-603. Duty as custodian of jail and prisoners;
  100. 18-3-604. Service of process; attendance upon courts.
  101. 18-3-605. Service of process on sheriff; appearing as attorney prohibited.
  102. 18-3-606. Duty to preserve peace.
  103. 18-3-607. Cash book to be kept by sheriff as ex officio
  104. 18-3-608. Fees generally.
  105. 18-3-609. Other duties.
  106. 18-3-610. Custodian of jail when sheriff imprisoned.
  107. 18-3-611. Sheriff's office employees; removal from office; hearings.
  108. 18-3-701. Qualifications; appointment; duty as supervisor of roads.
  109. 18-3-702. Duty to make county surveys and keep plats.
  110. 18-3-703. Records to be kept; copies to be furnished upon
  111. 18-3-704. Establishment of lost corners.
  112. 18-3-705. Compensation of surveyor; appointment and
  113. 18-3-801. Election.
  114. 18-3-802. Duty as collector of taxes.
  115. 18-3-803. Liability for collection of taxes.
  116. 18-3-804. Duty to keep accounts of receipts and expenditures generally.
  117. 18-3-805. Duty to receive funds; payments made on commissioners' warrants.
  118. 18-3-806. Manner of keeping account of receipts and
  119. 18-3-807. Order in which warrants paid.
  120. 18-3-808. Settlement upon resignation or removal; penalty for failure to deliver books.
  121. 18-3-809. Treasurer to countersign and register all warrants.
  122. 18-3-810. Restrictions upon countersigning warrants.
  123. 18-3-811. Register of county orders and payments.
  124. 18-3-812. Settlement with state treasurer.
  125. 18-3-813. Malfeasance of treasurer or deputy.
  126. 18-3-814. Officers to pay over monies and prepare statement for commissioners monthly; forfeiture.
  127. 18-3-901. Repealed By Laws 2011, Ch. 41, § 2.
  128. 18-3-902. Governor to direct district attorney or attorney
  129. 18-3-903. Suspension of officers by the governor pending
  130. 18-3-904. Hearing by the supreme court.
  131. 18-3-905. Criminal statutes neither repealed nor barred.
  132. 18-3-906. Prima facie malfeasance in office by sheriffs, district attorneys and county assessors.
  133. 18-3-907. Repealed By Laws 2011, Ch. 41, § 2.
  134. 18-4-101. Public money to be paid into treasury.
  135. 18-4-102. Officers to be paid in warrants; direct deposit program authorized.
  136. 18-4-103. Office of county clerk and budget-making authority compatible.
  137. 18-4-104. Certificates of indebtedness; purposes for which
  138. 18-4-105. Order of paying warrants; exception as to Laramie and Albany counties.
  139. 18-4-106. Cancellation of warrants and certificates; generally.
  140. 18-4-107. County officer discounting warrant; penalty.
  141. 18-4-108. Refusal of county treasurer to pay indebtedness or receive order in payment of taxes; penalty therefor.
  142. 18-4-201. Election for establishment; mill levy; custodian; restriction on use; investment.
  143. 18-4-301. Authority as to issuance; maximum indebtedness permitted.
  144. 18-4-302. Election upon question of issuance generally; terms; purposes.
  145. 18-4-303. Proposition may be submitted at election.
  146. 18-4-304. Form; terms; conditions.
  147. 18-4-305. Form; execution; payment; presumed valid.
  148. 18-4-306. Notice of intention to issue and sell.
  149. 18-4-307. Engraving; registration; endorsement.
  150. 18-4-308. Treasurer to register bonds in book; information to be shown.
  151. 18-4-309. Tax levy for purpose of redemption; payment from general fund; reimbursement.
  152. 18-4-310. Payment of bonds guaranteed; effect of county division.
  153. 18-4-401. Power of county commissioners.
  154. 18-4-402. Call for bond election; amount authorized; purpose.
  155. 18-4-403. Conduct of election.
  156. 18-4-404. Form, terms, conditions and execution of bonds; payment and interest; sale price.
  157. 18-4-405. Notice of intention to issue and sell.
  158. 18-4-406. Registration and endorsement.
  159. 18-4-407. Tax levy for purpose of redemption; restriction upon use of monies collected.
  160. 18-4-408. Payment from general fund when tax not levied; reimbursement.
  161. 18-4-409. Redemption of bonds.
  162. 18-4-501. Issuance authorized; purpose; terms and conditions; provisions for payment and redemption.
  163. 18-4-502. Funding indebtedness.
  164. 18-4-503. Form of bonds; coupons covering interest.
  165. 18-4-504. Notice of intention to issue and sell; printing
  166. 18-4-505. Annual tax for purpose of redemption; payment of
  167. 18-4-506. Application of funds derived from sale of bonds; penalty for misappropriation.
  168. 18-5-101. Repealed By Laws 2013, Ch. 192, § 2.
  169. 18-5-102. Repealed By Laws 2013, Ch. 192, § 2.
  170. 18-5-103. Repealed By Laws 2013, Ch. 192, § 2.
  171. 18-5-104. Repealed By Laws 2013, Ch. 192, § 2.
  172. 18-5-105. Repealed By Laws 2013, Ch. 192, § 2.
  173. 18-5-106. Repealed By Laws 2013, Ch. 192, § 2.
  174. 18-5-107. Repealed By Laws 2013, Ch. 192, § 2.
  175. 18-5-201. Authority vested in board of county
  176. 18-5-202. Planning and zoning commission; composition;
  177. 18-5-203. Certificate required to locate buildings or use
  178. 18-5-204. Violation of W.S. 18-5-202(c); continuing violation.
  179. 18-5-205. Enforcement of zoning resolution by injunction, mandamus or abatement; appeal.
  180. 18-5-206. Penalty for violation of W.S. 18-5-201 through 18-5-204.
  181. 18-5-207. Continuation of existing uses; effect of
  182. 18-5-208. Special expertise of board of county
  183. 18-5-301. Authority vested in board of county commissioners.
  184. 18-5-302. Definitions.
  185. 18-5-303. Exemptions from provisions.
  186. 18-5-304. Subdivision permit required.
  187. 18-5-305. Enforcement; rules and regulations.
  188. 18-5-306. Minimum requirements for subdivision permits.
  189. 18-5-307. Planning commission may receive applications and make recommendations.
  190. 18-5-308. Approval by the board.
  191. 18-5-309. Permit fee.
  192. 18-5-310. Repealed By Laws 2001, Ch. 169, § 1, Ch. 208, § 2.
  193. 18-5-311. Investigatory powers.
  194. 18-5-312. Enforcement.
  195. 18-5-313. False statement or misrepresentation; penalty.
  196. 18-5-314. Penalties.
  197. 18-5-315. Provisions minimum.
  198. 18-5-316. Requirements for large acreage subdivision permits.
  199. 18-5-317. Subsequent sale of subdivided lots.
  200. 18-5-318. Large parcels used for agricultural purposes.
  201. 18-5-319. Fencing requirements for subdivision permits.
  202. 18-5-401. Authority.
  203. 18-5-402. Definitions.
  204. 18-5-403. Cluster development permits.
  205. 18-5-404. Enforcement; rules and regulations.
  206. 18-5-405. Cluster development; notice to state engineer.
  207. 18-5-501. Definitions.
  208. 18-5-502. County regulation of wind or solar energy projects; exceptions.
  209. 18-5-503. Application.
  210. 18-5-504. Minimum standards; incorporation into other processes.
  211. 18-5-505. Complete applications; notice.
  212. 18-5-506. Hearing and public comment.
  213. 18-5-507. Decision of the board; findings necessary.
  214. 18-5-508. Remedies.
  215. 18-5-509. Referral.
  216. 18-5-510. Binding effect.
  217. 18-5-511. Revocation or suspension of permit.
  218. 18-5-512. Penalties for violations.
  219. 18-5-513. Fees.
  220. 18-6-101. Authority to acquire and dispose of sites generally.
  221. 18-6-201. Construction of jails; authority of county
  222. 18-6-202. Construction of jails; opening of bids or
  223. 18-6-301. Repealed by Laws 1995, ch. 122, § 3.
  224. 18-6-302. Jail to be kept by sheriff; manner in which prisoners to be kept.
  225. 18-6-303. Care of prisoners; audit of expenses.
  226. 18-6-304. Repealed by Laws 1991, ch. 216, § 2.
  227. 18-6-305. Care of United States prisoners; disposition of monies collected.
  228. 18-6-306. Care of prisoners arrested by state trooper and other special officers.
  229. 18-6-307. Removal of prisoners in case of fire.
  230. 18-6-308. Sheriff and prisoners not subject to arrest when traveling.
  231. 18-6-309. Repealed by Laws 1994, ch. 20, § 2.
  232. 18-6-310. Juvenile prisoners.
  233. 18-6-311. Custody and safekeeping of documents relating to prisoners.
  234. 18-6-312. Jail register to be kept; information to be shown.
  235. 18-6-313. Restrictions on jail expenses.
  236. 18-6-314. Contract placement of jail prisoners.
  237. 18-6-315. Prisoners not deemed to be in solitary confinement.
  238. 18-6-316. Contract for housing municipal prisoners.
  239. 18-6-317. Contract for housing out-of-state prisoners; general conditions.
  240. 18-7-101. Prerequisites to appropriate money for
  241. 18-7-102. Manner of levying and collecting tax; library fund.
  242. 18-7-103. Library fund under control of board of
  243. 18-7-104. Authority of board to receive and dispose of property; appointment of librarian; library staff.
  244. 18-7-105. Organization of board; rules and regulations;
  245. 18-7-106. Directors to keep records and make annual report.
  246. 18-7-201. Wyoming public library endowment challenge program.
  247. 18-7-202. Definitions.
  248. 18-7-203. Wyoming public library endowment challenge fund.
  249. 18-7-204. Endowment challenge fund matching program;
  250. 18-7-205. Additional transfer of funds.
  251. 18-8-101. Definitions.
  252. 18-8-102. Prerequisites to appointment of board of
  253. 18-8-103. Authority to establish fund for improvements;
  254. 18-8-104. Hospital generally under control of board of
  255. 18-8-105. Trustees to receive donations and observe accompanying conditions.
  256. 18-8-106. To be maintained as public hospitals; charges
  257. 18-8-107. Records and reports of trustees.
  258. 18-8-108. Authority to enter contract for operation; terms and conditions of contract.
  259. 18-8-109. Dissolution; bankruptcy.
  260. 18-8-201. Definitions; county memorial hospital; authority to issue revenue securities; purpose.
  261. 18-9-101. Authority of board of commissioners to acquire
  262. 18-9-102. Board of trustees.
  263. 18-9-103. Authority to establish sinking fund; sources of revenue.
  264. 18-9-104. Authority to establish county fair endowment fund; sources of revenue.
  265. 18-9-201. Recreational facilities and systems of public
  266. 18-9-202. Recreation board of trustees.
  267. 18-10-101. County commissioners may purchase, construct, accept by gift, museums and collections of exhibits.
  268. 18-10-102. Appropriation for construction and maintenance; annual tax levy.
  269. 18-10-103. Board of trustees; appointment; composition;
  270. 18-10-104. Board of trustees; duties generally; employment of personnel; rules and regulations.
  271. 18-10-105. Board of trustees; authority to provide funds for preservation of historical artifacts and landmarks.
  272. 18-10-201. Petition of property owners; public hearing; written protests; election.
  273. 18-10-202. Repealed by Laws 1998, ch. 115, § 5.
  274. 18-10-203. District a body corporate; name; powers.
  275. 18-10-204. Election of trustees; generally; terms.
  276. 18-10-205. Trustee terms.
  277. 18-10-206. Repealed by Laws 1994, ch. 99, § 3.
  278. 18-10-207. Repealed by Laws 1998, ch. 115, § 5.
  279. 18-10-208. Repealed by Laws 1998, ch. 115, § 5.
  280. 18-10-209. Repealed by Laws 1998, ch. 115, § 5.
  281. 18-10-210. Repealed by Laws 1998, ch. 115, § 5.
  282. 18-10-211. Repealed by Laws 1998, ch. 115, § 5.
  283. 18-10-212. Repealed by Laws 1998, ch. 115, § 5.
  284. 18-10-213. Administration of finances; assessments and taxation.
  285. 18-10-214. Coupon bonds; generally.
  286. 18-10-215. Election; ballots.
  287. 18-10-216. Form; notice; bids; sale.
  288. 18-10-217. Preparation and execution.
  289. 18-10-218. Preparation and execution; full faith and credit; payment of principal and interest.
  290. 18-10-219. Existing museums not affected; museum may submit to electors question of organizing district.
  291. 18-11-101. Solid waste disposal districts; creation.
  292. 18-11-102. Powers; management; rates; penalty for violation of rules; removal.
  293. 18-11-103. Taxation; limitation.
  294. 18-11-104. Operation of disposal system.
  295. 18-11-105. Procedures.
  296. 18-11-106. Consolidation of solid waste disposal districts; procedures.
  297. 18-12-101. Title; purpose; application and construction.
  298. 18-12-102. Definitions.
  299. 18-12-103. Districts authorized; general function.
  300. 18-12-104. Jurisdiction.
  301. 18-12-105. Commencement of districts; districts to provide emergency medical services.
  302. 18-12-106. Petition for formation.
  303. 18-12-107. Repealed by Laws 1998, ch. 115, § 5.
  304. 18-12-108. Repealed by Laws 1998, ch. 115, § 5.
  305. 18-12-109. Repealed by Laws 1998, ch. 115, § 5.
  306. 18-12-110. Repealed by Laws 1998, ch. 115, § 5.
  307. 18-12-111. Repealed by Laws 1998, ch. 115, § 5.
  308. 18-12-112. Powers of district.
  309. 18-12-113. District board of directors; requirements.
  310. 18-12-114. Compensation; officers; rules and regulations; meetings.
  311. 18-12-115. Cost assessed in accordance with benefits.
  312. 18-12-116. Resolution of intent to provide for special assessment.
  313. 18-12-117. Notice of resolution; hearing; objections.
  314. 18-12-118. Notice of apportionment; assessment roll.
  315. 18-12-119. Duty of county officials to levy and collect taxes.
  316. 18-12-120. Bond elections; resolution for submission of proposition to voters.
  317. 18-12-121. Contents of resolution; notice of election.
  318. 18-12-122. Election procedures.
  319. 18-12-123. Resolution for issuance of bonds.
  320. 18-12-124. Bonds secured by pledge of district.
  321. 18-12-125. Exemption from taxation in this state.
  322. 18-12-126. Offer of bonds by the board; bond brochures.
  323. 18-12-127. Deposit of proceeds of bonds.
  324. 18-12-128. Printing of bonds.
  325. 18-12-129. Signature on bonds.
  326. 18-12-130. How bonds mature.
  327. 18-12-131. Bonds subject to call and redemption.
  328. 18-12-132. Register of bonds.
  329. 18-12-133. Requirement of indemnity bond.
  330. 18-12-134. Duty to levy tax for interest and redemption of outstanding bonds.
  331. 18-12-135. Disposition of proceeds of taxes collected.
  332. 18-12-136. Manner of payment of interest and principal of bonds.
  333. 18-12-137. Bonds eligible as investments.
  334. 18-12-138. Repealed by Laws 1998, ch. 115, § 5.
  335. 18-12-139. Rules and regulations; enforcement.
  336. 18-12-140. Power to create local improvement districts vested in board.
  337. 18-12-141. New improvements, facilities or services; voter approval.
  338. 18-13-101. Day care centers; funding or operation authorized.
  339. 18-14-101. Establishment; appointment; terms; officers;
  340. 18-14-102. Powers and duties.
  341. 18-14-103. Taxation; limitation; submission to voters; disposition of revenue.
  342. 18-15-101. Definition.
  343. 18-15-102. Formation of district; mill levy.
  344. 18-15-103. When district considered established; failure to establish district.
  345. 18-15-104. District a body corporate; name; powers.
  346. 18-15-105. Election of trustees; generally.
  347. 18-15-106. Candidates to file petition; printing names of candidates on ballot; publication of names.
  348. 18-15-107. Vacancies on district board of trustees.
  349. 18-15-108. Oath of trustees; bond.
  350. 18-15-109. Selection of officers of board of trustees;
  351. 18-15-110. Administration of finances; assessment and levy of taxes.
  352. 18-15-111. Fund; disposition of revenue; contract requirements; expansion of the provision of services.
  353. 18-16-101. Short title.
  354. 18-16-102. Definitions.
  355. 18-16-103. Districts authorized; general function.
  356. 18-16-104. Jurisdiction.
  357. 18-16-105. Petition for formation; number of signatures required; filing fee.
  358. 18-16-106. Formation election; procedures.
  359. 18-16-107. Powers of district.
  360. 18-16-108. District board of directors.
  361. 18-16-109. Compensation; officers; rules and regulations.
  362. 18-16-110. Cost assessed in accordance with benefits.
  363. 18-16-111. Resolution of intent to provide for special assessment.
  364. 18-16-112. Notice of resolution; hearing; objections.
  365. 18-16-113. Notice of apportionment; assessment roll.
  366. 18-16-114. Annual tax levy authorized; certification and collection; treasurer designated.
  367. 18-16-115. Bond elections; resolution for submission of proposition to voters.
  368. 18-16-116. Contents of resolution; notice of election.
  369. 18-16-117. Election procedures.
  370. 18-16-118. Rules and regulations; enforcement.
  371. 18-16-119. District election procedures.

Proposed changes to this act

No one has proposed a change to this act yet.

371 provisions

18-4-409. Redemption of bonds.

Any county issuing bonds shall annually after the tenth year redeem at least one-twentieth (1/20) of the bonds. The bonds redeemed each year shall be determined by lot.

Propose a change

18-4-501. Issuance authorized; purpose; terms and conditions; provisions for payment and redemption.

(a) Each board of county commissioners may issue negotiable coupon bonds of their county for the purpose of paying, redeeming, funding or refunding the principal and interest of any indebtedness of their county when it can be done at a lower rate of interest to the benefit of the county. The bonds: (i) Shall be issued as near as practicable in denominations of one thousand dollars ($1,000.00) each, but may be issued in denominations of five hundred dollars ($500.00) and one hundred dollars ($100.00) when necessary; (ii) Shall bear interest; (iii) Shall be paid on January 1 and July 1 in each year at the office of the county treasurer or at a bank in New York City as designated by the board of county commissioners at the option of the holder; (iv) Shall be redeemed by the county in the following manner: (A) Ten percent (10%) of the total amount issued shall be paid within ten (10) years from date of issue, and ten percent (10%) of the total amount shall be paid annually thereafter until all bonds are paid, making the last bond redeemable twenty (20) years from date of issue; or (B) Any part thereof may at the option of the county issuing them be redeemed in numerical order after five (5) years from the date of issue if the time and option is stated upon the face of each bond. (v) May be issued serially as provided by W.S. 16-5-302. (b) The total amount of bonds issued at any time together with the existing indebtedness of the county shall not exceed the constitutional debt limitations for counties.

Propose a change

18-4-502. Funding indebtedness.

Any county desiring to fund, refund, pay or redeem any of its outstanding indebtedness as provided by W.S. 18-4-501 may call its indebtedness to be redeemed by advertisement for two (2) weeks in the official newspaper of the county. The advertisement shall notify the holders that interest will cease twenty (20) days after the date of notice.

Propose a change

18-4-503. Form of bonds; coupons covering interest.

The bonds specified in W.S. 18-4-501 shall have attached when negotiated semiannual interest coupons covering interest on the bond from the date of issue until paid and shall be signed by the chairman of the board of county commissioners, attested by the county clerk, bear the seal of the board of county commissioners and be countersigned by the county treasurer. The coupons annexed to the bonds shall be signed by the county treasurer. Each coupon shall have a number corresponding with the number of the bond and each bond shall state upon its face the amount for which the same is issued, to whom issued and the date of issue and shall recite that it is issued in conformity with the provisions of W.S. 18-4-501 and 18-4-503 through 18-4-506, which sections shall be printed on the back of each bond.

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18-4-504. Notice of intention to issue and sell; printing

and engraving; execution and sale; disposition of proceeds; redemption; records to be kept. (a) Each board of county commissioners shall give notice by publication in some newspaper published in the county if there be one otherwise by three (3) notices posted in the county, one (1) of which is at the courthouse door, of its intention to issue and negotiate the bonds and invite bidders therefor. The notice shall also be published in a newspaper of general circulation in Cheyenne. (b) After ascertaining the best terms and the lowest interest at which the bonds can be negotiated the board of county commissioners shall secure the proper engraving and printing, have them consecutively numbered and otherwise properly prepared and executed. (c) When the bonds are executed they shall be registered by the county clerk in a public record book kept for that purpose and therein shall be stated showing the number, date, amount of bond, time and place of payment, rate of interest, number of coupons attached and any other description for future identification. The board of county commissioners shall from time to time and in such amounts as it deems proper, deliver the bonds to the county treasurer and take and file his receipt therefor and charge him with all bonds so delivered. (d) The duties of the board of county commissioners pursuant to the provisions of W.S. 18-4-501 and 18-4-503 through 18-4-506 may be performed at any meeting thereof. (e) The treasurer under the general supervision of the board shall sell the bonds for cash or exchange them for any county indebtedness for the redemption of which they were issued, but shall not sell or exchange the bonds for less than their face or par value and the accrued interest at the time of their disposal. No county indebtedness shall be redeemed at more than its face value and any interest that may be due thereon. If any portion of the bonds are sold for money the proceeds shall be applied exclusively toward the redemption of the county indebtedness for which the bonds were issued. (f) When the treasurer redeems any county indebtedness he shall endorse by writing or stamping in ink on the face of the paper evidencing the indebtedness redeemed, the time of redemption, the amount redeemed, whether by money or the exchange of bonds and the words "redeemed" and "cancelled". He shall keep a record of all bonds redeemed showing their number, rate of interest, date and amount of sale, when, where and to whom payable, and if exchanged, for what. The record shall be open for inspection by the public during usual office hours. He shall make detailed statements as often as required by the board of county commissioners of all bond redemption transactions and return to the board all redeemed and cancelled evidences of indebtedness.

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18-4-505. Annual tax for purpose of redemption; payment of

bonds guaranteed; effect of county division; payment out of general fund when tax not levied; reimbursement. (a) The board of county commissioners shall annually levy upon all taxable property in the county in addition to other authorized taxes a sufficient sum to pay the interest on all bonds issued and shall at least one (1) year before the bonds become due and in time to provide means for their payment, levy a sufficient additional sum to pay bonds as they become due. All such taxes shall be levied, assessed and collected as other county taxes until the bonds are fully paid, including interest. (b) The faith, credit and all taxable property within the county as constituted at the time of issue are and shall continue pledged to the payment of the principal and interest of the bonds. In the event of the division of any county, the segregated territory is relieved from any obligation occasioned by the issuance of the bonds when the county acquiring such territory pays its proportionate share as provided by W.S. 18-1-316 through 18-1-320. (c) Should the tax for payment of interest on bonds not be levied or collected in time for payment, the interest shall be paid out of monies in the general fund of the county and the money so used shall be repaid to the general fund out of the first monies collected from taxes.

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18-4-506. Application of funds derived from sale of bonds; penalty for misappropriation.

The county treasurer shall apply all proceeds from the sale of the bonds to the payment of the county indebtedness. The proper county officials shall levy, collect and apply all applicable taxes for the payment of interest and redemption of the principal of the bonds. Any county officer who fails to comply with the provisions of this section or neglects or refuses to levy and collect any such tax is guilty of a misdemeanor and upon conviction shall be fined in an amount equal to the sum that should have been levied, or fined in the amount of any misappropriation and imprisoned in the county jail for a term of not less than three (3) months nor more than twelve (12) months.

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18-5-101. Repealed By Laws 2013, Ch. 192, § 2.

Repealed By Laws 2013, Ch. 192, § 2.

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18-5-102. Repealed By Laws 2013, Ch. 192, § 2.

Repealed By Laws 2013, Ch. 192, § 2.

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18-5-103. Repealed By Laws 2013, Ch. 192, § 2.

Repealed By Laws 2013, Ch. 192, § 2.

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18-5-104. Repealed By Laws 2013, Ch. 192, § 2.

Repealed By Laws 2013, Ch. 192, § 2.

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18-5-105. Repealed By Laws 2013, Ch. 192, § 2.

Repealed By Laws 2013, Ch. 192, § 2.

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18-5-106. Repealed By Laws 2013, Ch. 192, § 2.

Repealed By Laws 2013, Ch. 192, § 2.

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18-5-107. Repealed By Laws 2013, Ch. 192, § 2.

Repealed By Laws 2013, Ch. 192, § 2.

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18-5-201. Authority vested in board of county

commissioners; inapplicability of chapter to incorporated cities and towns; mineral resources; private schools. (a) To promote the public health, safety, morals and general welfare of the county, each board of county commissioners may regulate and restrict the location and use of buildings and structures and the use, condition of use or occupancy of lands for residence, recreation, agriculture, industry, commerce, public use and other purposes in the unincorporated area of the county. However, nothing in W.S. 18-5-201 through 18-5-208 shall be construed to contravene any zoning authority of any incorporated city or town. No zoning resolution or plan shall prevent any use or occupancy reasonably necessary to the extraction or production of the mineral resources in or under any lands subject thereto. No board of county commissioners shall require that a land use or physical development be consistent with a local land use plan unless the applicable provisions of the local land use plan have been incorporated into the local zoning regulations. Nothing in W.S. 18-5-201 through 18-5-208 shall be construed to allow any board of county commissioners, through the establishment of minimum lot size requirements or otherwise, to prevent residential or agricultural uses authorized for land divisions that are exempt from subdivision requirements pursuant to W.S. 18-5-303(a)(i). No zoning resolution or plan shall regulate and restrict the location and use of buildings and structures and the use, condition of use or occupancy of lands for the use of a private school as defined in W.S. 21-4-101(a)(iii) in any manner different from a public school, provided that the private school: (i) Is certified by the professional engineer or architect of record for the private school as being substantially similar to school facility commission guidelines for education buildings and siting and is designed to be constructed with appropriate materials, means and methods; (ii) Has capacity for fifty (50) students or more; and (iii) Is owned and operated by a not for profit entity.

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18-5-202. Planning and zoning commission; composition;

residency requirements, terms and removal of members; vacancies; rules; record; meetings to be public; secretary; preparation and amendments; purpose; certifications and hearing; amendments. (a) Each board of county commissioners may by resolution create and establish a planning and zoning commission. The commission shall be composed of five (5) members appointed by the board at least three (3) of whom shall reside in the unincorporated area of the county, provided that this provision shall not affect the membership composition of any existing commission. The terms of the members appointed to the first planning and zoning commission shall be of such length and so arranged that the terms of one (1) member will expire each year, and thereafter each member shall be appointed for a term of three (3) years. Any member of the commission may be removed for cause other than politics or religion and after public hearing by the board of county commissioners. If a vacancy occurs in the commission the board of county commissioners shall fill the vacancy by appointment for the unexpired term. The planning and zoning commission shall organize within thirty (30) days after its establishment, shall adopt rules for the transaction of its business and keep a record of its actions and determinations. Three (3) members shall constitute a quorum for the transaction of business. All meetings, records and accounts of the commission shall be public. The board of county commissioners shall designate the county clerk, another county employee or a member of the planning and zoning commission to serve as secretary to the commission. The secretary shall keep the record of commission actions in accordance with statute. (b) The planning and zoning commission may prepare and amend a comprehensive plan including zoning for promoting the public health, safety, morals and general welfare of the unincorporated areas of the county, and certify the plan to the board of county commissioners. Before certifying its plan or amendments thereto to the board the commission shall hold at least one (1) public hearing. Notice of the time and place of hearing shall be given by one (1) publication in a newspaper of general circulation in the county at least thirty (30) days before the date of the hearing. Any person may petition the planning and zoning commission to amend any zoning plan adopted under the provisions of W.S. 18-5-201 through 18-5-208. (c) The planning and zoning commission shall prepare recommendations to effectuate the planning and zoning purposes and certify its recommendations to the board of county commissioners. Before adopting the recommendations the board shall hold at least one (1) public hearing. Notice of the time and place of hearing shall be given by one (1) publication in a newspaper of general circulation in the county at least fourteen (14) days before the date of the hearing. After public hearing has been held, the board shall vote upon the adoption of the planning or zoning recommendation. No planning or zoning recommendation shall be adopted unless a majority of the board votes in favor thereof.

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18-5-203. Certificate required to locate buildings or use

land within zoning resolution; issuance and denial; appeal upon denial. It is unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or use any land within any area included in a zoning resolution without first obtaining a zoning certificate from the board of county commissioners or its designee and no zoning certificate shall be issued unless the plans for the proposed building, structure or use fully comply with the zoning regulations then in effect. The board of county commissioners or its designee shall act promptly upon any application filed with it and shall grant certificates when the proposed construction or use complies with the requirements of the zoning resolution. If it denies the application, the board or its designee shall specify the reasons for the denial. Any applicant desiring to appeal shall appeal to the board of county commissioners. The decision of the board of county commissioners may be reviewed by the district court and by the supreme court upon appeal in the same manner as provided in W.S. 15-1-609, for review of decisions of boards of adjustment.

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18-5-204. Violation of W.S. 18-5-202(c); continuing violation.

No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or use any land in violation of a resolution or amendment adopted by any board of county commissioners under W.S. 18-5-202(c). Each day's continuation of such violation is a separate offense.

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18-5-205. Enforcement of zoning resolution by injunction, mandamus or abatement; appeal.

Any zoning resolution passed by the board pursuant to W.S. 18-5-202(b) and (c) is enforceable in addition to other remedies provided by law by injunction, mandamus or abatement.

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18-5-206. Penalty for violation of W.S. 18-5-201 through 18-5-204.

Whoever violates any provision of W.S. 18-5-201 through 18-5-204 shall be fined not more than seven hundred fifty dollars ($750.00) for each offense.

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18-5-207. Continuation of existing uses; effect of

alteration or addition; future use after discontinuation of nonconforming use. (a) A zoning resolution enacted under the provisions of W.S. 18-5-201 through 18-5-206 shall not prohibit the continuance of the use of any land, building or structure for the purpose for which the land, building or structure is used at the time the resolution is adopted and it is not necessary to secure any certificate permitting such continuance. However, the alteration or addition to any existing building or structure for the purpose of effecting any change in use may be regulated or prohibited by zoning resolution. If a nonconforming use is discontinued any future use of such land, building or structure shall be in conformity with the provisions of the resolution regulating uses in the area in which the land, building or structure is located. (b) A county shall not enact a zoning resolution or take any other action that eliminates livestock grazing on any private land or land owned by the county without first complying with the provisions of this article.

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18-5-208. Special expertise of board of county

commissioners and coordination of planning efforts with federal agencies. (a) When representing a county as a cooperating agency in matters related to the National Environmental Policy Act and in federal land planning, implementation and management actions, a board of county commissioners shall be deemed to have special expertise on all subject matters for which it has statutory responsibility, including but not limited to, all subject matters directly or indirectly related to the health, safety, welfare, custom, culture and socio-economic viability of a county. (b) The board of county commissioners of a county which has officially adopted a comprehensive plan pursuant to W.S. 18-5-202(b) may participate in efforts to coordinate the plan with federal agencies as provided in the Federal Land Policy and Management Act of 1976, the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976 and any other federal statute which provides for coordination with local governments and federal regulations adopted pursuant to those acts.

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18-5-301. Authority vested in board of county commissioners.

The regulation and control of the subdivision of land in the unincorporated areas in each county is vested in the board of county commissioners of the county in which the land is located. Nothing in this article shall contravene or limit the authority of any county to regulate and control the subdivision of land pursuant to the provisions of W.S. 18-5-201 through 18-5-207.

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18-5-302. Definitions.

(a) As used in this article: (i) Repealed by Laws 2019, ch. 186, § 2. (ii) "Board" means the board of county commissioners of the county in which the land sought to be subdivided is located; (iii) "Encumbrance" means a mortgage or other lien of record, securing or evidencing indebtedness and affecting land to be subdivided including liens for labor and materials. Taxes and assessments levied by public authority are not an encumbrance under this article except such taxes and assessments as may be delinquent; (iv) "Person" means a natural person, firm, corporation, partnership, or association, or any combination of the above, or any other legal or commercial entity; (v) "Sell" or "sale" includes sale as evidenced by the delivery of a deed, contract for deed, lease, assignment, auction or award by lottery concerning a subdivision or any part of a subdivision. "Sell" or "sale" does not include a contract to sell which is expressly contingent upon the recording of the final plat by the county clerk, if all funds paid by the buyer under the contract are escrowed with a financial institution located in this state or a title company licensed to do business in this state until the final plat is recorded and the seller tenders the deed or the contract to sell is cancelled or the buyer and seller agree otherwise in writing; (vi) "Subdivider" means any person who lays out any subdivision or parts thereof either for the account of the subdivider or others; (vii) "Subdivision" means the creation or division of a lot, tract, parcel or other unit of land for the immediate or future purpose of sale, building development or redevelopment, for residential, recreational, industrial, commercial or public uses. The word "subdivide" or any derivative thereof shall have reference to the term subdivision, including mobile home courts, the creation of which constitutes a subdivision of land; (viii) "Sewage system" means all pipelines, conduits, pumping stations, force mains and other constructions used for collecting or conducting wastes to a treatment plant or disposal system; any plant or other works used for the purpose of treating, stabilizing or holding wastes; and any system used for disposing of wastes, either by surface or underground methods, including any treatment plant, disposal wells and absorption fields; (ix) "Water supply system" includes development of the source and all structures for conveyance of raw water to the treatment plant or delivery systems; all water treatment plants including disinfection facilities; water supply systems used for irrigation and stock water; and all finished water delivery systems including pipelines, pumping stations and finished water storage facilities; (x) "Parcel" means a contiguous piece of property lawfully created or conveyed of record as a single piece of property.

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18-5-303. Exemptions from provisions.

(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.

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18-5-304. Subdivision permit required.

No person shall sell land subject to subdivision regulation under this article, record a plat or commence construction of a subdivision without first obtaining a subdivision permit pursuant to W.S. 18-5-306 or, if applicable, W.S. 18-5-316 from the board of the county in which the land is located.

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18-5-305. Enforcement; rules and regulations.

Each board shall enforce this article and in accordance with the Wyoming Administrative Procedure Act shall adopt such rules and regulations as necessary to implement the provisions of and to insure compliance with the intent and purposes of this article.

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18-5-306. Minimum requirements for subdivision permits.

(a) The board shall require, and with respect to paragraph (xii) of this subsection may require, the following information to be submitted with each application for a subdivision permit, provided the board may by rule exempt from any of the following requirements of this subsection or subsection (c) of this section, including paragraph (xii) of this subsection, the subdivision of one (1) or more units of land into not more than a total of five (5) units of land: (i) Evidence satisfactory to the board that the proposed subdivision complies with any applicable zoning or land use 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 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 satisfactory to the board that: (A) The subdivider or his 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 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. The study shall, at a minimum, include the following: (A) Identification of the type of sewage system to serve the subdivision and identification of the entity or entities responsible for the design, construction, operation and maintenance of the proposed facility; (B) For all types of sewage systems except individual on-lot sewage systems, a report submitted by the subdivider as to the adequacy and safety of the proposed sewage system. The report shall address, at a minimum, the following issues: (I) An assessment of the adequacy of the proposed sewage system in relation to the proposed population density of the subdivision and any other existing or proposed land and water uses in the vicinity of the subdivision that may affect the adequacy of the system; (II) An estimate of the total number of gallons per day of sewage generated by the proposed subdivision where a central sewage system is proposed; (III) A demonstration that technical requirements and design standards of the department of environmental quality applicable to central sewage systems can and will be met; (IV) Where utilization of or connection to an existing private or public sewage system is proposed, documentation that application to such entity has been made and that the entity can and will provide service; (V) A detailed demonstration that the proposed sewage system for the subdivision is compatible with the proposed water supply system for the subdivision. The study shall demonstrate that the operation of the sewage system will not affect the suitability or safety of the proposed water supply system and a determination of the potential impacts of downgradient use of groundwater; (VI) Demonstration that the proposed sewage system will meet all county, state and federal standards. The demonstration shall address the relationship of the development to any local or state approved water quality management plans established pursuant to section 201 of the federal Clean Water Act, 33 U.S.C. section 1281 and demonstrate no conflict exists with any state approved local wellhead protection plan or local source water protection plan established pursuant to the federal Safe Drinking Water Act. (C) Where individual on-lot sewage systems are proposed by the subdivider, a report submitted by the subdivider shall document the safety and adequacy of the proposed on-lot sewage systems including the following: (I) Adequacy of separation distances; (II) Separation of drainfield relative to groundwater and impervious soils; (III) Suitability of the subdivision soil conditions; (IV) Suitable topography; (V) Proposed population density; (VI) Protection of groundwater uses; and (VII) Watersheds located on or draining into, under or over the proposed subdivision. (D) Where individual on-lot sewage systems are proposed, the words "NO PROPOSED CENTRALIZED SEWAGE SYSTEM," in bold capital letters shall appear on all offers, solicitations, advertisements, 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: (A) 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, except that the board may accept copies of binding easements of a width less than twenty (20) feet if the subdivider demonstrates to the board's satisfaction that the easement is adequate to protect the safety and health of the public and provides adequate access for the maintenance of the facilities; (B) A minimum access roadway right-of-way of sixty (60) feet to the subdivision for all public ways. (vi) A study evaluating the water supply system proposed for the subdivision and the adequacy and safety of the system. The study results shall, at a minimum, include the following: (A) Identification of the type of water supply system proposed to serve the subdivision and identification of the entity or entities responsible for the design, construction, operation and maintenance of the proposed facility; (B) For all water supply systems except individual on-lot wells, a report submitted by the subdivider demonstrating the adequacy and safety of the proposed water supply system. The report shall address, at a minimum, the following issues: (I) The estimated total number of gallons per day for the subdivision water supply system; (II) Documentation that the proposed water supply system will be compatible with and not adversely affected by the sewage system proposed for the subdivision or any other sources of pollution within a reasonable distance; (III) List of all surface and groundwater rights which will be used or which will likely be affected, including state engineer application and permit numbers and description of expected effects identified by the study; (IV) Plans for the mitigation of water right conflicts which will likely result from the use of water within the proposed subdivision, as identified by the study, unless such conflicts are deemed not to exist to the satisfaction of the board; (V) When connecting to an existing water supply system, the report shall also contain: (1) Documentation that public or private water suppliers can and will supply water to the proposed subdivision, stating the amount of water available for use within the subdivision and the feasibility of extending service to that area; (2) Documentation concerning the potability of the proposed water supply for the subdivision. (VI) Where a centralized water supply system is proposed containing a new source of water supply to be developed, the report shall also demonstrate that the water supply system is sufficient in terms of quality, quantity and dependability and will be available to ensure an adequate water supply system for the type of subdivision proposed. The report shall include a narrative summary of: (1) Where the water supply system source is derived from groundwater, the geologic setting of the water supply system source and the area of influence such as nearby communities, sources of pollution, surface water bodies and aquifers described by a Wyoming registered professional geologist; (2) The quantity, quality and source of the water to be used including proposed and existing surface and groundwater facilities and their locations. Where the proposed water supply system for the subdivision is from a groundwater source, a written report submitted by the subdivider demonstrating that the proposed source is sufficient in terms of quality, quantity and dependability for the type of subdivision proposed; (3) The proposed disposal of water not consumed, including water obtained under permits, storm drainage, dewatering, sewage and other wastewater sources; (4) A delineation of primary sources of water, secondary sources and occasional or seasonal sources; (5) Graphic location of all water supply sources including wells, raw water intakes, treatment facilities, treated water storage facilities and ponds; (6) Documentation of all data sources on the occurrence and availability of surface and groundwater; (7) Historic stream flows and well levels; (8) Senior water rights; (9) Flood damage and flood protection; (10) Impact of and protection from supply shortages. (C) Where individual on-lot wells are proposed as the water supply system, a report submitted by the subdivider demonstrating the safety and adequacy of the water supply system shall address, at a minimum, the following: (I) The estimated total number of gallons per day for the subdivision; (II) 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; (III) Documentation that the proposed water supply system will be compatible with and not adversely affected by the sewage system proposed for the subdivision or any other sources of pollution within a reasonable distance; (IV) List of all surface and groundwater rights which will be used or which will likely be affected, including state engineer application and permit numbers, and description of expected effects identified by the study; and (V) Plans for the mitigation of water right conflicts which will likely result from the use of water within the proposed subdivision, as identified by the study, unless such conflicts are deemed not to exist to the satisfaction of the board. (D) Where individual on-lot wells are proposed, the words "NO PROPOSED CENTRAL WATER SUPPLY SYSTEM," in bold capital letters shall appear on all offers, solicitations, advertisements, contracts, agreements and plats relating to the subdivision. (vii) Documentation satisfactory to the board that adequate access has been provided and that all proposed 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 such roads to the public use. If no such public maintenance is contemplated, the subdivider shall put a legend on the plat of the subdivision, on all advertisements and solicitations for 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 STREETS OR ROADS"; (viii) Documentation satisfactory to the board 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) Proof that the applicant has published notice of his intent to apply for a permit once each week for two (2) weeks within thirty (30) days prior to filing his application. The notice shall include the name of the subdivider and the general location of the land to be subdivided; (x) Any other information consistent with this article and the board's published rules and regulations which the board deems pertinent or relevant to the evaluation of the application; (xi) With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter 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 engineer or the state board of control that the subdivider submitted to the state engineer or 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 has 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 has 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 recommendation at least sixty (60) days prior to the submittal of the application for the subdivision permit to the board. Upon receipt of the plan, the public entity, company, association or appropriators shall notify the subdivider if and how the subdivision will create a significant additional burden or risk of liability; (C) Evidence that the subdivider will specifically state on all offers and solicitations 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; (D) If the subdivision is located within the boundaries of an irrigation district that is subject to the provisions of title 41, chapter 7 of the Wyoming statutes, the application shall include recommendations from the irrigation district regarding any changes to the attached water rights and the irrigation district's easements. If there is a conflict with the irrigation district's recommendations, the subdivider shall certify that it met with and made a good faith effort to resolve any conflicts with the irrigation district; and (E) If the subdivision will create a significant additional burden or risk of liability to the public entity, company, association or appropriators responsible for the ditch, irrigation works or other water conveyance system, the subdivider shall provide an adequate and responsible plan to reduce or eliminate the additional burden or risk of liability and evidence that the subdivider submitted the plan to the public entity, company, association or appropriators for review and recommendation regarding the adequacy of the plan. (xii) 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. (xiii) If required under W.S. 18-5-319, plans for the construction of perimeter fences, including the type of perimeter fence to be constructed, the materials to be used and the subdivider's plan for paying the costs of the perimeter fence and the construction of the perimeter fence. (b) 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. (c) Upon receipt of a subdivision permit application filed with a county and prior to subdivision permit approval, the county or subdivider shall send three (3) copies of the portions of the application prepared under this section to the department of environmental quality for review of the safety and adequacy of the proposed sewage system and proposed water supply system. The review shall be conducted in accordance with the following guidelines: (i) The department may request assistance from the state engineer, the Wyoming water development office and any other state agency or local governmental entity in preparing its review. Any agency or entity requested to assist in the review shall fully cooperate to the extent possible with the department and shall furnish the information or recommendations requested within the time period specified by the department; (ii) To the extent requested by a county government, the administrator of the water quality division, with the approval of the director of the department of environmental quality, shall delegate authority to the county to review any reports or studies required by this section directed at determining the safety and adequacy of the proposed sewage or water supply system contained as part of a subdivision application. Any authority delegated under this section shall be subject to the following conditions: (A) The county entity shall demonstrate to the administrator of the water quality division that all sewage or water supply systems will be reviewed by a qualified professional with expertise in surface and groundwater protection from pollution and safe and adequate water supply systems; (B) The local government shall demonstrate that the review of water supply and sewage systems will be in a manner as stringent as the department of environmental quality would require under this section; (C) The review of subdivisions with a proposed sewage system consisting of wastes requiring an underground injection control permit under department of environmental quality regulations or sewage systems with a proposed surface water discharge shall not be delegated to the county; and (D) The administrator shall periodically review the administrative programs of each county governmental entity receiving a delegation of authority under this section and may, with the consent of the director, revoke or temporarily suspend the delegation agreement entered into with any entity which has failed to perform its delegated duties or has otherwise violated the terms of its agreement of delegation. (iii) The department shall file its written comments and recommendations on the application with the commission or board within thirty (30) days after receipt of the application. The department may extend its review period for an additional thirty (30) days if an extension is necessary to complete the review. (d) 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".

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18-5-307. Planning commission may receive applications and make recommendations.

The board may allow the county planning and zoning commission authorized under the provisions of W.S. 18-5-201 through 18-5-206 as the proper agency to receive and evaluate applications for subdivision permits. If so authorized the planning commission shall receive the materials required by this article and shall submit a copy of the application to the department of environmental quality for review as provided by W.S. 18-5-306(c) and, if applicable, to the fire protection district, fire protection authority or the nearest fire protection district as provided by W.S. 18-5-316(d). The commission shall make findings and recommendations to the board concerning an application within forty-five (45) days from the date the department of environmental quality submits its recommendation to the commission or from the date when the recommendation is due if no recommendation is made, whichever is earlier. If no action is taken by the planning commission within that time the plat is deemed to be approved by the planning commission.

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18-5-308. Approval by the board.

(a) The board shall approve or disapprove the subdivision application and issue a subdivision permit or ruling: (i) Within forty-five (45) days after receiving a report from the planning commission; or (ii) If no planning and zoning commission has been appointed, within sixty (60) days after the department of environmental quality submits its recommendation to the board or from the date when the recommendation is due if no recommendation is made, whichever is earlier. (b) If any part of the subdivision lies within one (1) mile of the boundaries of an incorporated city or town the approval of the governing body of the city or town must also be obtained in accordance with W.S. 34-12-103. (c) If a subdivision application is approved by the board notwithstanding an adverse recommendation by the department of environmental quality, the subdivider shall furnish to all potential purchasers a copy of the department's recommendation prior to sale. The subdivider need not furnish the potential buyer with a copy of the department's recommendation if the board in approving the subdivision enters a written finding that the subdivider has corrected the inadequacy set forth in the department's recommendation. Any person violating this subsection is subject to the penalty provided by W.S. 18-5-314.

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18-5-309. Permit fee.

Each application for a subdivision permit shall be accompanied by a reasonable fee not to exceed the cost of processing the application as determined by the board. All fees collected shall be credited to the county general fund.

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18-5-310. Repealed By Laws 2001, Ch. 169, § 1, Ch. 208, § 2.

Repealed By Laws 2001, Ch. 169, § 1, Ch. 208, § 2.

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18-5-311. Investigatory powers.

(a) If the board has reason to believe that a person has engaged in activity which violates any provision of this article it shall make an investigation and may administer oaths or affirmations and upon its own motion or upon request of any party may subpoena witnesses, compel their attendance, adduce evidence and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of admissible evidence. (b) If any person subject to the provisions of this article has records required in W.S. 18-5-311(a) located outside this state, the person shall either make them available directly to the board or pay the reasonable and necessary expenses for the board or its representative to examine them at the place where they are maintained. The board may designate representatives, including comparable officials of the state in which the records are located, to inspect them on the board's behalf. (c) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the board may apply to any district court for an order compelling compliance.

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18-5-312. Enforcement.

The provisions of this article are enforceable by all appropriate legal remedies including but not limited to injunctive relief or a writ of mandamus. Upon failure or refusal of any county attorney to act upon a violation of the provisions of this article, the attorney general at the request of the board shall initiate civil or criminal proceedings to enforce the provisions of this article.

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18-5-313. False statement or misrepresentation; penalty.

Any person who knowingly authorizes, directs or aids in the publication, advertisement, distribution or circulation of any false statement or misrepresentation concerning any subdivision for sale in this or any other state, and every person with knowledge that any such advertisement, prospectus, pamphlet or letter concerning land or any subdivision thereof contains any written statement that is false or fraudulent in any material part or who issues, circulates, publishes or distributes the same or causes the same to be circulated, published or distributed shall upon conviction be imprisoned for a period not to exceed thirty (30) days or be fined not to exceed five hundred dollars ($500.00). Each day of violation constitutes a new offense.

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18-5-314. Penalties.

Any person who willfully violates any provision of this article or any rule or order issued under this article shall upon conviction be fined not more than five hundred dollars ($500.00) or imprisoned in a county jail for not more than thirty (30) days or both. Each day of violation constitutes a new offense.

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18-5-315. Provisions minimum.

If any board has or enacts resolutions or regulations which impose requirements on subdividers or subdivisions which are more restrictive than the provisions of this article, the authority to enact such local resolutions or regulations being hereby granted, the local provisions are not superseded by the provisions of this article. Nothing in this section shall be deemed to allow any board to impose requirements that contravene the exemptions from this article as provided in W.S. 18-5-303.

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18-5-316. Requirements for large acreage subdivision permits.

(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).

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18-5-317. Subsequent sale of subdivided lots.

If any lot, unit, tract or parcel is created pursuant to a subdivision and the lot, unit, tract or parcel is sold pursuant to a contract for deed, notice of the contract for deed shall be recorded with the county clerk within ten (10) days after the contract was executed.

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18-5-318. Large parcels used for agricultural purposes.

If any lot, unit, tract or parcel thirty-five (35) acres or more in size is used for agricultural purposes within a platted subdivision and otherwise qualifies as agricultural land for purposes of W.S. 39-13-103(b)(x), the parcel shall be deemed not to be part of a platted subdivision for purposes of W.S. 39-13-103(b)(x)(B)(II).

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