Land Use Planning in Fremont County

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The authority for counties to conduct land use planning programs has been granted to them by Wyoming State Statutes. W.S. 18-5-101 through 18-5-315 Wyoming State Statutes Annotated 1997 Edition, enabled counties to establish planning commissions, prepare land use plans and adopt zoning ordinances.

In 1975 the Wyoming Legislature enacted the State Land Use Planning Act, (W.S.S. 9-8-101 through 9-8-302 Annotated 1997 Edition) which mandated the preparation and adoption of local land use plans. Prior to the passage of this Act county land use planning was voluntary, as was the adoption of implementation techniques such as zoning, but the Legislature, in anticipation of rapid growth due to energy development, made the adoption of land use plans a mandatory requirement. The adoption of implementation techniques, such as zoning, remains voluntary.

The State Land Use Planning Act of 1975 requires the county to coordinate planning efforts and that any county wide land use plan also incorporate the plans of the cities and towns within that county wide plan.

Fremont County like most other counties in Wyoming began to seriously address planning issues in the mid 1970’s when the state mandated that all counties develop and adopt land use plans. The Fremont County Planning Commission was established in 1968. Several planning studies were produced by consultants in the early 1970’s. These early studies and reports were produced in an attempt to form the ground work for future planning decisions. In the late 1970’s Fremont County began the process of soliciting public input for the preparation of adopting the state mandated county wide land use plan. The plan was adopted in 1978. At the time of the adoption of the 1978 land use plan Fremont County was experiencing fairly rapid growth due to energy development. Oil & natural gas, uranium, and iron ore were all being actively mined in Fremont County until the early 1980’s.

Implementation planning has never been overwhelmingly embraced by Fremont County residents. The 1978 Land Use Plan was adopted as a policy plan. No implementation plans, such as zoning, were adopted to carry out the policies of the land use plan.

Briefly, in the early 1980’s, the planning commission looked at, what was considered at the time, an innovative method of land use guidance. This method, considered an alternative to traditional zoning, was called a "permit system". However, before much research could be done on implementation planning the mineral industry took a down turn in the mid 1980’s and implementation planning became a low priority. The county economy suffered greatly from the down turn in the energy industry. As a result the county saw a significant out migration of population.

In 1989 land use planning became a salient issue once again in response to concerns over federal management of public lands. It was at this time that the Fremont County Board of County Commissioners became interested in updating the 1978 land use plan to address public land management issues as they applied to effects on the county economy. At about this time land use control issues came before the commission in the Dubois area when a delegation of Dubois citizens approached the county and requested that development along U.S. 26 be guided or controlled. As a result of this citizen request an implementation plan in the form of a permit system was developed and adopted for the Dubois area of Fremont County and was in effect from 1990 to 1995. This development permit system has subsequently been removed as a result of the Wyoming Supreme Court decision that declared zoning to be the only statutorily sanctioned implementation technique allowed in the state.

In 1993 Fremont County contracted with the University of Wyoming Department of Ag Economics to produce a series of reports on various sectors of the Fremont County economy. Also in 1993 a volunteer land use planning committee was formed in order to develop goals and objectives for inclusion in the updated land use plan. The reports produced and updated by the University of Wyoming and the work done by the Fremont County Volunteer Land Use Planning Committee form the meat of this draft land use plan.

DRAFT FREMONT COUNTY LAND USE PLAN 2001

A supportable land use plan and planning program must be firmly based on goals and objectives that closely reflect values commonly shared by a majority of the people within the planning area. For the purposes of this plan the word "goal" shall mean a desired condition or end related to land use or the land use planning process. The word "objective" shall mean a desired level of achievement of a goal.

Goal

To conduct a land use planning program in accordance with the will of a majority of Fremont County residents.

Objectives

To provide the citizens of the County with pertinent planning data, in an understandable form, in order to facilitate intelligent land use decision making and policy formulation.

To provide convenient and frequent opportunity for citizens to voice their ideas and concerns throughout the initial on going planning process.

Goal

To develop a comprehensive unified land use plan for public and private lands, considering custom, culture, and economic stability of Fremont County by a process that integrates agency and resident output.

To base the development and implementation of any comprehensive planning on those rights and privileges as set forth in the U.S. Constitution, Wyoming Constitution, and the Bill of Rights.

Objectives

To increase coordination between and among Fremont County, the Bureau of Land Management, U.S. Forest Service, U.S. Fish and Wildlife Service, Wyoming Game & Fish, and other agencies in the gathering and sharing of technical data and professional expertise.

To base land use decisions on sound principles of consensus building and consideration to local interests and control.

To increase coordination among Fremont County, the Bureau of Land Management, U.S. Forest Service, Wyoming Game & Fish, and other land management agencies.

To coordinate the preparation of land use plans and the adoption of land use management policies with federal and state agencies, the Wind River Reservation and municipalities within Fremont County.

Goal

To preserve and develop Fremont County’s customs and cultures.

To expand Fremont County’s current economic base.

To stop or reverse the erosion of Fremont County’s economic base due to increased restrictions and limitations on the use of public lands in Fremont County.

Objectives

To encourage and support existing economic endeavors in favor of enticing new ones.

To promote solid growth of historical economic pursuits in Fremont County, especially those associated with ranching, farming, timbering, mining, and recreation on public and private lands.

To work with federal and state regulatory agencies to reduce costs in both time and material in complying with regulations.

Goal

To plan orderly growth

Objectives

To provide for the location of specific types of land use to meet anticipated needs.

To avoid the placement of incompatible uses.

To encourage the placement of proposed high density developments where they can be economically served by public facilities.

Land use which will threaten the health and safety of aircraft crew and passengers and county residents shall not be permitted to encroach upon public airports.

Large public investments in airports shall not be endangered by conflicting land uses.

To encourage the development of land use areas within reach of municipal sewer and water services to urban rather than rural densities.

To develop implementation planning techniques that preserve the custom, culture, economic endeavors and quality of life of Fremont County.

Goal

To preserve open space.

Objectives

To establish a process which would allow the creation of easements which would be controlled by Fremont County residents.

Goal

To protect and preserve agriculturally productive land both public and private for continued agricultural purposes.

Objectives

To take an proactive role in sustaining or expansion of agricultural uses on public and private lands.

To encourage, and promote the continuation of irrigated land uses.

To provide technical and administrative assistance to agricultural interest groups desiring the protection of agricultural lands.

To provide economic incentives to retain production and harvest of agricultural lands.

Goal

To protect or improve the existing quality of air, water, and land resources.

Objectives

To protect surface and underground water resources at or above the quality level permitted by existing State water quality standards.

To protect air quality at or above the quality permitted by existing State air quality standards.

To protect the land from soil erosion and/or degradation caused by improper use of or development of the land.

To increase the on going cooperation and sharing of information and communication between and among federal and state agency field personnel and other directly involved parties to promote sound judgment in environmental quality decisions.

Goal

To facilitate prudent development, use and conservation of natural and renewable resources, in such a way as to ensure their continued availability for future generations.

Objectives

To facilitate development of those resources like coal, oil, natural gas, and other minerals using common sense and good stewardship.

To protect valuable mineral resources from urban and suburban development that would be incompatible with future mining activity.

To enable the harvest of renewable resources at the local level to create sustainable yields and greatest availability for future generations.

To protect valuable water aquifer recharge areas.

To protect floodplains from development which would reduce water absorption areas.

To provide a proactive approach to land use policy and implementation decisions at the local level in order to create sustainable yields of our natural resources.

Goal

To reaffirm the State of Wyoming’s right to allocate and prioritize water rights to those individuals providing historic beneficial use as described in the Wyoming Constitution, Article 8, Section II.

Objective

Federal regulations must acknowledge principles of state water law as defined in the Wyoming Constitution, specifically, first right, first use, beneficial use, and point of diversion.

Agency regulations must allow for Best Management Practice at the local level.

To welcome the opportunity for local residents to work with agencies to develop water projects to further improve the local economy, water quality, quantity, and quality of life for Fremont County residents.

Goal

To create the atmosphere to facilitate the development for the prudent use and conservation of natural renewable/non-renewable resources.

Goal

Preserve, protect, and enhance scenic areas, historic sites, and cultural sites as provided in the Fremont County Historic Preservation Resolution.

Objectives

To identify and delineate areas which a majority of Fremont County residents believe have outstanding qualities.

To identify, delineate, preserve, restore, and protect significant historical and cultural sites, buildings, and locations.

To develop by management, programs to protect areas of outstanding scenic beauty and historical significance.

Goal

To reduce damage to persons and property from natural hazards.

Objectives

To reduce injury and damage from flooding.

To reduce injury and damage due to earth slippage.

To reduce property damage and environmental degradation due to erosion.

To reduce injury and damage due to natural fire.

Goal

The management of wildlife is dependent upon the protection of water and maintenance of public and private lands as defined in the Wyoming constitution.

Objectives

Provide incentives to landowners providing critical wildlife winter habitat.

All development within rural areas shall take wildlife into consideration and all proposed subdivision plats shall be evaluated for their effect on wildlife and neighboring agricultural and adjacent uses.

Federal and state agencies will hold wildlife and feral populations to objective levels that would not damage agriculture.

Objective wildlife levels must benefit the local economy as well as multiple use.

Goal

To protect our tax base by exercising stewardship and being civilly responsible by prioritizing land use at the local level.

Objectives

Fremont County citizens as represented by the Board of County Commissioners will address conflicts between and among federal and state land use policies.

Before federal and state agencies can change use of land adverse impact studies on the local economy, custom & culture, water quality, and community stability must be addressed.

Permittee(s) on public land must be compensated for regulations which result in a "taking".

Goal

To preserve the economic and cultural foundation of our county, we request management regulations that will enable a healthy local economy and preserve and allow profit to commercial public land users.

Objectives

Reaffirm the concept of permit value to the permit holder and defined in the "Taylor Grazing Act".

Encourage increased harvesting of lands benefiting from enhanced stewardship; grazing practice, improvements, water developments, to enhance commercial public land users.

Goal

Promote historical and future access to and travel across public lands that does not injure private owners or lessees for multiple use purposes.

Objective

Promote on going sharing of information and communication between and among land use agencies policy makers and field personnel to promote sound judgment in planning and resolving of conflicts.

Goal

Support and create quality recreational opportunities for county residents and visitors.

Objectives

Upgrade picnic and camping facilities.

Improve access to public lands and recreation sites with no net loss of access as recognized in Federal Stature 2477 Revised.

Continue partnerships with public land management agencies and private entities to add, upgrade, or abandon roads and facilities.

Encourage development of increased opportunities for year round recreation.

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