JARED MILLER Star-Tribune capital bureau | Posted: Thursday, February 28, 2008 12:00 am
CHEYENNE - The House gave initial approval Wednesday to a bill that would give counties the authority to regulate large-acre land developments.
The vote was a critical hurdle for the controversial measure that seeks to close a loophole in state law. The bill is Senate File 11.
"We have to put a halt to the abuses and let the county commissioners (have) some new tools," said Rep. Pete Illoway, R-Cheyenne, chairman of the House committee that crafted the bill.
SF 11 will give county commissions in Wyoming the option of regulating land developments of up to 140 acres. Current law only that allows counties to regulate developments up to 35 acres.
Supporters of the bill contend that some developers are abusing the law by building sprawling land developments containing 40-acre parcels that are exempt from local controls.
In some cases, Illoway said, developers have failed to disclose critical features of the parcels, such as the lack of access to water, snow removal and county road maintenance.
In some cases, counties have been all but forced to assume the cost of providing the services, Illoway said.
"What they thought they were getting they did not get," Illoway said. "We continue to see these abuses."
SF 11 includes an exemption that allows landowners to carve off up to 10 parcels of land and develop them with only limited county regulations.
Not everybody was happy with that exemption, but it has helped satisfy ranching groups that would have otherwise opposed the bill.
"This bill is not to tell large ranchers what to do, but to stop the abuses," Illoway said.
Lawmakers worked hard to address potential abuses of the 10-parcel exemption.
Some lawmakers are fearful that landowners may use the exemption to circumvent the regulatory process by taking advantage of the provision that allows landowners to carve off 10 parcels every 10 years, or every time the land was sold.
The House eventually adopted an amendment that would only allow the 10-parcel exemption one time after July 1, 2008, even if the land changes hands.
That wouldn't prevent a landowner from subdividing the land under county subdivision regulations, lawmakers said.
"It just gets around the kind of gamesmanship that the exception invites," Rep. Tim Stubson, R-Casper, said.
The bill also requires land developers to clearly disclose what amenities come with the land, such as access to water and road maintenance.
It also requires developers to fully disclose what kind of mineral rights go with the land, so prospective buyers of 40-acre parcels will know ahead of time if they can expect to see drilling rigs appear on their land.
The House rejected an amendment Wednesday by Rep. Mark Semlek, R-Moorcroft, that would have required a public vote before county commissioners could put the new law in place.
The bill now moves to second reading in the House. The Senate has already approve the measure.
Reach capital bureau reporter Jared Miller at (307) 632-1244 or at {M3jared.miller@trib.com.