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Newby Compliance Appeal Hearing
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LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT
Compliance Appeal Hearing HEARING TIME AND DATE: 10:00 a.m., October 7th, 2026 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage
Ave., Kemmerer, Wyoming & Via Video Conference Afton Branch Office Building Conference Room, 421 Jefferson St., Afton, Wyoming Newby Violation, Fine & Remedy
OWNER: David Newby VIOLATION: Operating a commercial storage yard; Light Manufacturing. COMMUNITY PLAN AREA: Etna
ZONING: Rural PLANNER: Ken Kuluski PARCEL ID: 3619-35-1-00-172 ______________________________________________________________________________
PROPOSAL: A request for the Board of County Commissioners to assess a fine violation and order a
remedy.
LOCATION: Located approximately 6.71 miles southeast of the Town of Alpine in T36N R119W S35
SECTIONS 1. Project Background 2. Violation Recommendations
3. Fine Recommendations 4. Remedy Recommendations ____________________________________________________________________________________ ATTACHMENTS:
1. Violation Letter 2. Certificate of Notice of Hearing (returned signed: 9/16/26)
PROJECT BACKGROUND Per W.S. 18-5-201 Authority vested in board of county commissioners 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. 1. Planning Staff was notified that the property, located at 586 CR 107 in Etna, Wyoming 83118, was
allegedly being used as an un-permitted commercial storage yard.
Newby Compliance Appeal Hearing
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2. Planning Staff investigated the claim and verified that commercial storage was clearly visible on the forementioned property. 3. The owner has been actively avoiding all contact with Planning Staff to bring the violation into
compliance. DETERMINATION OF VIOLATIONS Per Wyoming Statute W.S. 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 violations of resolution or amendment adopted by and Board of County Commissioners.
Each day's continuation of such violation is a separate offense.
1. Owner violated the Land Use Regulations chapter 7 by operating a commercial storage yard in the rural zone, where it is prohibited.
FINE RECOMMENDATION
Per Wyoming Statue WS 18-5-206. Penalty for violations 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. Each day's continuation of such violation is a separate
offense.
1. Each violation will be assessed at the rate of $750 per violation per month (rounding up). Violations began in May 2026 and should conclude in January 2027 for a total of 9 months.
Total fine amount: $6,000 to be paid to Planning Office in full by January 29th, 2027. REMEDY RECOMMENDATION 1. Owner shall remove all commercial vehicles, construction equipment, construction materials, or other
tangible materials and equipment of a commercial nature by January 29th, 2027. 2. If violation continues beyond the deadline established the matter will be referred to the County Attorney office according to Wyoming statute for continued enforcement.