Selling Property in the County
SUBDIVIDING LAND IN SHERIDAN COUNTY
INTRODUCTION
Sheridan County has adopted various land use regulations in order to comply with federal and state regulations, to safeguard life and property from harm and to protect the rights and safety of the public. This guide is designed to assist in determining what county regulations are applicable when an individual desires to subdivide or sell part of their property.
Individuals are encouraged to contact the Public Works Department to ensure the appropriate permits have been secured prior to the purchase or sale of land. Wyoming Statute provides for penalties for individuals not complying with these regulations.
DEFINITION OF A SUBDIVISION
Subdivision means the creation or division of a lot, tract, parcel or other unit of land for the immediate or future purpose of sale, building development or redevelopment, for residential, recreational, industrial, commercial or public uses.
Sale includes sale, contract to sale, lease, assignment, auction, award by lottery, or any offer or solicitation of any offer to any of the foregoing, concerning a subdivision or any part of a subdivision.
WHEN A SUBDIVISION PERMIT IS REQUIRED
Generally, a permit is required when a landowner desires to split his property and to sell one or more parcels of land for development or residential purposes which are less than thirty-five (35) acres in size. A permit is required if the sale of land will result in leaving the landowner with a parcel of land less than thirty-five (35) acres in size. A permit must be secured prior to the sale of the property and prior to recording the deed. Certain exemptions are allowed.
EXEMPTIONS
(i) A division of land made outside of platted subdivisions for the purpose of a singe gift or sale to a member of the landowner's immediate family, subject to the following requirements: Affidavit of Family Exemption
(A) A member of the immediate family is limited to any person who is a natural or adopted child, stepchild, spouse, sibling, grandchild, grandparent or parent of the landowner.
(B) The purpose of the division is to provide for the housing, business or agricultural needs of the grantee;
(C) The land shall have been titled in the name of the grantor for a period of not less than five (5) years prior to the division and parcels created under this provision shall be titled in the name of the immediate family member for whom the division is made for a period of not less than one(1) year unless such parcels are subject to involuntary transfer including, but not limited to foreclosure, death judicial sale, condemnation or bankruptcy;
(D) No parcel smaller than five (5) acres created under this paragraph shall be further divided unless the owner obtains a subdivision permit.
(E) Where the landowner is a corporation and eighty percent (80%) of the shares are held by individuals related by blood or marriage, the sale or gift may be made to an immediate family member of any shareholder who has owned at least five percent (5%) of the outstanding shares for at least five (5) years continuously before the date of the sale or gift.
(ii) A division which may be created by any court of this state pursuant to the law of eminent domain, by operation of law or by order of any court in this state;
(iii) A division which is created by a lien, mortgage, deed of trust or any other security instrument, easements and rights-of-way.
(iv) Lands located within incorporated cities or towns;
(v) A division which is created by the sale or other disposition of land to the state of Wyoming or any political subdivision thereof;
(vi) A division which affects railroad rights-of-way;
(vii) A division which is a sale or other disposition of land for agricultural purposes or affects the alignment of property lines for agricultural purposes; Covenant for Agricultural Purposes Exemption
(viii) A division which is created by boundary line adjustments where the parcel subject of the sale or other disposition is adjacent to and merged with other land owned by the grantee;
(ix) A division which creates cemetery lots;
(x) A division which is created by the acquisition of an interest in land in the name of the husband and wife or other persons in joint tenancy or as tenants in common, and the interest shall be deemed as only one (1) interest.
(xi) A division of land creating a parcel five (5) acres or less for the purpose of establishing unmanned communication facilities, compressor stations, metering stations, fiber optic booster stations or similar unmanned facilities.
(b) This article shall not apply to the sale or other disposition of land where the parcels involved are thirty-five (35) acres or larger, subject to the requirement that ingress and egress and utility easements shall be provided to each parcel by binding and recordable easements of not less than forty (40) feet in width to a public road unless specifically waived by the grantee or transferee in a binding and recordable document.
PROCEDURES FOR OBTAINING A PERMIT.
The first step in obtaining a permit is to meet with the Land Development Coordinator to discuss the landowners plans and how those plans correspond with the land use regulations adopted by Sheridan County. Subdivision Permits are issued by the Board of County Commissioners after a series of public meetings. See Subdivision Process for more information.
INFORMATION REQUIRED FOR A PERMIT.
A complete listing of the required information and procedures can be found in the Sheridan County Subdivision Resolution amended December 5, 2006. The Subdivision Permit requires the property be surveyed and a plat be filed and recorded in the office of the County Clerk, various reports and supporting information is also required for a thorough review of the proposed development.
COST OF A PERMIT.
OTHER REGULATIONS.
Sheridan County has also adopted the following related resolutions:
1. Zoning Resolution
2. Building Standards Resolution
3. Small Wastewater Facility (Septic)
4. Mobilehome Park Resolution
5. Flood Hazard Resolution
6. Airport Height & Noise Resolution
7. Driveway Access Permits
The foregoing resolutions provide regulations that may need to be considered when developing a parcel of land. Contact the Sheridan County Public Works Department (307) 674-2920 for further information and assistance.