Enabling statute

Wyoming

Title 15 (Cities and Towns), Chapter 1, Article 6 — Zoning; and Title 18 (Counties), Chapter 5 — Planning and Zoning

Summary

Wyoming follows the Standard State Zoning Enabling Act lineage and delegates zoning authority to local governments, with no statewide zoning. The power is split by geography: cities and towns receive it under Title 15, Chapter 1, Article 6 (Wyo. Stat. Ann. §§ 15-1-601 to 15-1-611), where the municipal governing body may by ordinance divide the municipality into districts and regulate building height, lot coverage, density, and use in accordance with a comprehensive plan. Counties receive parallel authority over unincorporated areas under Title 18, Chapter 5 (Wyo. Stat. Ann. §§ 18-5-201 to 18-5-208), exercised by the board of county commissioners; county authority expressly does not reach incorporated cities/towns and contains carve-outs for mineral extraction, certain exempt land divisions, and private schools. Wyoming municipalities are statutory (not constitutional home rule) entities, so their zoning power derives from this delegation rather than independent home-rule authority.

The delegation

MUNICIPAL GRANT OF POWER — Wyo. Stat. Ann. § 15-1-601 (Regulations; scope and purpose; uniformity within authorized districts; to follow plan; objectives): "The governing body of any city or town, by ordinance, may: Regulate and restrict the: Height, number of stories and size of buildings and other structures; Percentage of lot that may be occupied; Size of yards, courts and other open spaces; Density of population; and Location and use of buildings, structures and land for trade, industry, residence or other purposes. Establish setback building lines. The governing body may divide the city or town into districts of such number, shape and area as it deems necessary, and within those districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. Regulations may differ from one (1) district to another but shall be uniform for each class or kind of buildings within a district. All regulations shall be made: In accordance with a comprehensive plan and designed to: Lessen congestion in the streets; Secure safety from fire, panic and other dangers; Promote health and general welfare; Provide adequate light and air; Prevent the overcrowding of land; Avoid undue concentration of population; and Facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements. With reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses; With a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city or town; and With consideration given to the historic integrity of certain neighborhoods or districts and a view to preserving, rehabilitating and maintaining historic properties and encouraging compatible uses within the neighborhoods or districts..." COUNTY GRANT OF POWER — Wyo. Stat. Ann. § 18-5-201 (Authority vested in board of county commissioners; inapplicability of chapter to incorporated cities and towns; mineral resources; private schools): "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. 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)..."

Verification

Read the verification audit

Citations and authority_model are CORRECT; verified=false is set solely because of one factual error in the summary's rationale (home rule characterization). (a) Citations are real and current: - Wyo. Stat. Ann. tit. 15 (Cities and Towns), ch. 1, art. 6 is titled "Zoning." Confirmed sections: 15-1-601 (regulations; scope and purpose; uniformity within districts; to follow plan), 15-1-602 (powers of governing body; public hearing; notice), 15-1-603 (protest), 15-1-605 (board of adjustment), 15-1-609 (district/supreme court review of board of adjustment decisions). Article runs through 15-1-611. This is genuinely the MUNICIPAL zoning enabling authority. (Confirmed via FindLaw, Justia 2024 codes, codepublishing municipal references, wyoextension B1323.) - Wyo. Stat. Ann. tit. 18 (Counties), ch. 5 (Planning and Zoning), art. 2 (Planning and Zoning Commission). 18-5-201 vests zoning authority in the board of county commissioners over UNINCORPORATED areas, expressly inapplicable to incorporated cities/towns, with carve-outs for mineral extraction and private schools. Confirmed 18-5-202 through 18-5-208 (e.g., 18-5-204 violation/continuing violation, 18-5-206 penalty). This is genuinely the COUNTY zoning enabling authority. (Confirmed via FindLaw, Justia 2024 codes.) (b) Both are the genuine zoning enabling provisions, not unrelated/repealed. The county statute even cross-references the municipal board-of-adjustment review procedure (W.S. 15-1-609), consistent with the SZEA lineage described. (c) authority_model = county_and_municipal is ACCURATE: municipalities zone within their boundaries (Title 15), counties zone unincorporated areas only (Title 18 ch. 5), no statewide zoning. No correction needed. ERROR found: The summary's final sentence states "Wyoming municipalities are statutory (not constitutional home rule) entities." This is INCORRECT. Wyoming adopted CONSTITUTIONAL home rule for cities and towns via a 1972 amendment to Article 13, Section 1 of the Wyoming Constitution (confirmed by wyoextension publication B1323, "The Legal Basis of Planning in Wyoming"). The home-rule grant is widely viewed as weak ("home rule in name only" because the Wyoming Supreme Court has not developed it), and municipal zoning power is in practice exercised through the Title 15 ch.1 art.6 statutory delegation — but the underlying entity status is constitutional home rule, not purely statutory. Counties, by contrast, have only delegated statutory authority. The citation, title, and authority_model are otherwise all correct; only this characterization should be fixed.

Wyoming zoning enabling statute · zoneoptics