Wyoming Statewide Rule
Wyoming Agricultural Zoning and Land Use Limits
Key Facts
- Authority
- County zoning under W.S. 18-5-201
- Zoning
- Agricultural land protected from zoning prohibitions
- Rule
- Right to Farm reinforces use rights
- Zoning
- Cities retain broader zoning authority
- Vehicle
- Ancillary commercial uses still regulable
Summary
Wyoming limits county zoning over bona fide agricultural operations, preserving farm and ranch use rights even within county-adopted land use plans.
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. 185-201 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. No board of county commissioners shall require that a land use or physical development be consistent with a local land use plan unless the applicable provisions of the local land use plan have been incorporated into the local zoning regulations. 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).
Full Breakdown
Under W.S. 18-5-201 et seq., Wyoming counties may adopt zoning resolutions for unincorporated areas, but the statutes expressly limit application of zoning to lands and uses devoted to bona fide agricultural production. County zoning cannot prohibit normal farm and ranch operations on agricultural land, although ancillary commercial uses may be regulated. The Right to Farm Act (W.S. 11-44) reinforces this protection by shielding qualifying operations from nuisance claims. Municipalities retain broader zoning authority within incorporated boundaries, where agricultural use is less common.
Violations & Penalties
Counties enforcing zoning against bona fide agricultural use risk reversal in court and potential liability for landowners' attorney fees; non-agricultural commercial activities remain subject to standard zoning enforcement.
Frequently Asked Questions
Can counties zone out cattle ranching?
Are agritourism operations protected?
Sources
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