Land reg bill heads to gov

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CHEYENNE - The Legislature Wednesday gave its final blessing to a bill allowing counties to regulate large-acre land developments.

Senate File 11 now goes to Gov. Dave Freudenthal, a supporter of the legislation, for his signature.

Supporters of SF 11 say it corrects a loophole in state law that prevents counties from regulating developments larger than 35 acres. The result has been a proliferation of unregulated 40-acre "ranchettes."

"The county commissioners will have an additional tool so they can look at these large-acre subdivisions," said Rep. Pete Illoway, R-Cheyenne, chairman of the Corporations, Elections and Political Subdivisions Committee, which helped craft the bill.

SF 11 gives counties the option of imposing limited regulations on developments up to 140 acres in size, while prohibiting counties from imposing rules not specifically included in the bill.

It also requires developers to clearly discloses the availability of amenities including water and the existence of underground mineral rights.

An exemption in the bill allows landowners to carve off up to 10 parcels for development without submitting to the full gamut of county subdivision regulations. The exemption was inserted to protect ranchers and other landowners who may want to divide portions of their land without county interference.

"The 10-acre exemption is a huge exemption," said Sen. Cale Case, R-Lander, who helped craft the bill. "It should satisfy the property rights concerns of almost everyone involved in this issue."

Supporters of the bill insist that large land developers have been passing along the costs of roads, water and other necessities to county governments and the state.

They also insist that the lack of regulations has resulted in buyers unknowingly buying land lacking basic amenities including access to water. The bill would address both issues.

Groups representing ranchers and real estate agents said they can live with the bill.

Jim Magagna, executive vice president of the Wyoming Stock Growers Association, said his group doesn't believe the legislation is necessary, but he is pleased with the compromise bill.

Magagna said the bill should meet the needs of counties without violating private property rights or imposing cumbersome rules.

"Frankly, I'm very pleased," Magagna said. "I think the bill that came out in the final analysis is certainly not perfect, but it provides a workable system, and now it's in the hands of the counties."

Laurie Urbigkit, of the Wyoming Association of Realtors, said her group is opposed to giving counties more authority over private property. She also questioned whether developers are really passing along their costs to the counties and state.

That said, the final bill is a big improvement from the original legislation, which gave counties far more power to regulate large developments, she said.

"I do applaud the legislators who worked so hard on that to make it palatable to all parties," Urbigkit said.

Reach capital bureau reporter Jared Miller at (307) 632-1244 or at {M3jared.miller@trib.com.

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