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HomeMy WebLinkAboutCombined Staff Report 102-PZ-23 LUR Change 4.3 Fencing Law6LINCOLN COUNTY PLANNING AND ZONING COMMISSION STAFF REPORT Rezone Petition Conditional Use Application HEARING TIME AND DATE:7:00 p.m.April 25,2007 LOCATION:Cokeville,Wyoming FILE #:603 PZ 07 and 108 PZ 07 APPLICANT:Lincoln County Planning &Development Office,Board of County Commissioners PROJECT:LUR Amendment -Modification to Chapter 4.3 PLANNER:Emmett Mavy PLAN AREAS:All Plan Areas _____________________________________________________________________________________ PROPOSAL: File #102-PZ-23 is a Proposed Amendment to the Lincoln County Land Use Regulations to Modify Chapter 4.3 with changes Added in BLUE,and changes Deleted in RED. BACKGROUND:This amendment proposal started as part of File 101-PZ-23 and this portion of the proposal was tabled at the October 18,2023 Planning and Zoning Commission meeting.The original File 101-PZ-23 moved to the Board of County Commission with changes to Chapter 6.2 only.This file number was changed to 102-PZ-23 so it can reflect the board hearing the LUR amendments at different meetings. _____________________________________________________________________________________ PLANNING STAFF RECOMMENDATION: The Lincoln County Planning &Development Staff recommend that the Planning and Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 102-PZ-23 a Plan Amendment to amend chapters 4.3 with: ●Findings of Approval A thru D. ●Resolution of Approval FINDINGS OF APPROVAL: A.The proposal is consistent with the goals and objectives of the Lincoln County Comprehensive Plan. B.The proposal is consistent with the provisions of W.S.18-5-202 for the adoption and amendment of a county comprehensive plan. C.The proposal is consistent with the procedures outlined in Lincoln County Land Use Regulations. D.The proposal is consistent with the provisions of W.S.18-5-202 for the adoption and amendment of a county comprehensive plan. 102-PZ-23 LUR Amendment 4.3 PZC 11-15-23 PROPOSED CHANGE BACKGROUND: The Wyoming Legislature recently passed W.S.18-5-319 Fencing requirements for subdivision permits.Along with a modification to W.S.18-5-306.This new state law would make fencing a subdivision perimeter a requirement if the subdivision did not already have a legal fence,and livestock can be legally run at large.The law allows neighboring property owners to waive this requirement.The law also allows Counties to Exempt Subdivisions with less than 6 lots.The Planning Department proposes to exempt Simple and Minor Subdivisions from this State Requirement as allowed by the new law. PROPOSED CHANGES ARE LISTED IN BLUE &UNDERLINED 4.3 Subdivision Permit Required Wyoming State Statute (see Appendix K)enables the Lincoln County Commissioners,by rule,to exempt from any portion of section (see Appendix K)the subdivision of one (1)to five (5)units of land. It is the desire of the Lincoln County Planning and Zoning Commission and the Board of County Commissioners to exempt,by rule,from the provisions outlined in W.S.(see Appendix K),and to classify subdivisions into three (3)distinct types to include a “Simple”,a “Minor”and a “Major”subdivision. By these regulations,a Simple subdivision will consist of 1-2 units of land created after May 5,2005 that are not otherwise exempted by W.S.(see Appendix K).A Simple Subdivision shall be exempt from some of the requirements established in W.S.(see Appendix k),and will follow the process outlined for Simple Subdivision procedures in these regulations. These The requirements waived for Simple Subdivisions include the following:requirements: Engineered Water and Sewer Study; Publication of Intent to Subdivide; Filing of Irrigation Redistribution Plan with State Engineer; Sixty (60)Day Advance Notification of Irrigation Interests Provided that Notification Occurs Prior to County Application; Creation of Management Entity for Road,Water and Common Area Assessment; Collection Unless Served by Existing Private Road or Water Supply Systems. Wyoming Subdivision Fencing Requirement 102-PZ-23 LUR Amendment 4.3 PZC 11-15-23 By these regulations,a Minor subdivision will consist of 3-5 units of land created since July 1, 2001,that are not otherwise exempted by W.S.(see Appendix K).A Minor subdivision shall be exempt from the requirements established in W.S.(see Appendix K),and will follow the process outlined for Minor subdivision procedures in Section 4.6.This includes the following requirement: The requirements waived for Minor Subdivisions include the following: Engineered Water and Sewer Study Wyoming Subdivision Fencing Requirement The third type of subdivision is termed a “Major”subdivision and consists of 6 or more units of land that are not otherwise exempted by W.S.(see Appendix K).A Major subdivision will require full compliance with the W.S.Real Estate Subdivision Act (see Appendix K)and the procedures outlined in the “Major Subdivision Procedure”section of this chapter. Subdivision means the creation or division of a lot,tracts,parcel or other unit of land for the immediate or future purpose of sale,building development or development,for residential, recreational,industrial,commercial or public uses. No person shall subdivide land located in the un-incorporated area of Lincoln County,or commence construction of a subdivision without securing a subdivision permit in the manner prescribed in these Subdivision Regulations.Such subdivision permit shall be signed by the Board of County Commissioners indicating approval of the subdivision.No subdivision permit shall be issued unless and until the requirements of these Subdivision Regulations have been complied with.A subdivision permit may be transferred upon sale of the subdivision.Unless the method of sale or other disposition is adopted for the purpose of evading the provisions of these Subdivision Regulations,these Subdivision Regulations shall not apply to the following divisions of land, however,the following divisions 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: A.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: 1.A member of the immediate family is limited to any person who is a natural or adopted child,stepchild,spouse,sibling,grandchild,grandparents or parent of the landowner; 2.The purpose of the division is to provide for housing,business or agricultural needs of the grantee; 3.The land shall have been titled in the name of the grantor,for a combined period of no less than ten (10)years prior to the divisions and parcels created under this 102-PZ-23 LUR Amendment 4.3 PZC 11-15-23 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 unless such parcels are subject to involuntary transfer including,but not limited to,foreclosure,death, judicial sale,condemnation or bankruptcy; 4.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 - See Appendix K). 5.Where the landowner is a business entity and eighty percent (80%)of the ownership interest or shares in the business entity are held 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. 6.Lots created according to this provision shall comply with Table 6.1 Residential Density Table of these Land Use Regulations and a plat shall be prepared and approved according to the provision of Sections 3.4.B.and 4.3.A.of these Land Use Regulations. a.Approved plat shall be recorded by the Lincoln County Clerk’s Office within 30 days of approval by the Board of COunty Commissioners;further, all land conveyances shall be filed with the Lincoln County Clerk’s Office either before or concurrent with plat recording. b.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 the state; c.A division which is created by a lien,mortgage,deed of trust or any other security instrument,easements and rights-of-way; d.Lands located within the incorporated cities and towns; e.A division which is created by the sale or other disposition of land to the State of Wyoming or any political subdivision thereof; f.A division which affects railroad rights-of-way;and g.A division which is a sale or other disposition of land for agricultural purposes or affects the alignment of property lines for agricultural purposes; h.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; i.A division which creates cemetery lots; j.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; 102-PZ-23 LUR Amendment 4.3 PZC 11-15-23 k.A division which is the sale or other disposition of land where the parcels involved are thirty-five (35)acres or large,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 recorded document. l.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. m.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. _____________________________________________________________________________________ EXHIBITS: 1.Text of new fencing law _____________________________________________________________________________________ CORRESPONDENCE: Public Comments:Joe &Kay Lynn Nield spoke out against removing simple and minor subdivisions from the new fencing law. 102-PZ-23 LUR Amendment 4.3 PZC 11-15-23 SF0137 - Subdivisions-fencing requirements. The current version of the bill text is displayed below. To view all versions of the bill with page and line numbers, use the PDF documents located to the right, under "Bill Versions & Resources." ORIGINAL SENATE ENGROSSED FILE NO. SF0137 ENROLLED ACT NO. 91, SENATE SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING 2023 GENERAL SESSION AN ACT relating to planning and zoning; requiring subdividers to construct and pay costs for perimeter fences as specified; specifying requirements for perimeter fences for subdivisions; specifying financial responsibility for maintaining perimeter fences; requiring the inclusion of perimeter fence information in subdivision permit applications; repealing conflicting provisions; and providing for an effective date. Be It Enacted by the Legislature of the State of Wyoming: Section 1. W.S. 18-5-319 is created to read: 18-5-319. Fencing requirements for subdivision permits. (a) Each subdivider seeking to create or divide a subdivision that is adjacent to lands upon which livestock can be legally run at large shall comply with all of the following: (i) The subdivider shall be responsible for the construction of a perimeter fence on any part of the subdivision that is adjacent to lands upon which livestock can be legally run at large unless a legal perimeter fence already exists at that location or all adjacent landowners' consent that a perimeter fence is not necessary; (ii) The perimeter fence required under this subsection shall be a lawful fence as prescribed by W.S. 11-28-102; (iii) The subdivider shall be responsible for all costs of the original construction for the perimeter fence. (b) Upon completion of the construction of a perimeter fence required under this section, the subsequent landowner or, if the subdivided parcel has not been sold, the subdivider shall: (i) Be responsible for the costs of maintaining the perimeter fence provided that the adjoining landowner shall be responsible for half of the costs of maintaining the perimeter fence, not to exceed the reasonable costs to maintain the fence if the fence was a fence under W.S. 11-28-102(a)(i); (ii) Not be liable for any damage caused by or arising from livestock pastured on adjoining land that may breach the perimeter fence and wander on the subdivided land, provided that the perimeter fence is maintained in accordance with this section. (c) The adjoining landowner shall not be liable for any damages caused by, or arising from, livestock pastured on the adjoining land that may wander onto the subdivided land except as provided in W.S. 11-28-108. (d) Before receiving a subdivision permit under this article, a subdivider shall provide information and evidence of the construction or plans to construct any perimeter fence required by this section in accordance with W.S. 18-5-306(a) (xiii). Section 2. W.S. 18-5-306(a) by creating a new paragraph (xiii) is amended to read: 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: (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. Section 3. W.S. 11-28-106(b) is repealed.