Selling Property in the County
DIVIDING LAND IN SHERIDAN COUNTY
INTRODUCTION
Sheridan County has adopted various land use regulations as enabled by state statutes, 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 divide or sell part of their property.
You 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 those 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 sell, 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 eighty (80) acres or less in size. County approval is required if the sale of land will result in leaving the landowner with a parcel of land eighty (80) acres or less. This must be secured prior to the sale of the property and prior to recording the deed. Certain exemptions are allowed.
EXEMPTIONS (Section 1.4 b. of the Rules and Regulations Governing the Division of Land)
b. Exemptions
i. Unless the method of sale or other disposition is adopted for the purpose of evading the provisions of this resolution this resolution shall not apply to the following subdivisions of land however the following subdivisions are subject to requirements regarding documentation of the proper use and implementation of the following exemptions:
A. A division which creates cemetery lots.
B. A division which is created by the sale or other disposition of land to the State of Wyoming or any political subdivision thereof.
C. A division which is a sale or other disposition of land for agricultural purposes or affects the alignment of property lines for agricultural purposes.
D. Lands located within incorporated cities or towns.
E. 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 i.e. a court ordered division of property.
F. A division which affects railroad rights of way.
G. A division which is created by alien mortgage deed of trust or any other security instrument easements and rights of way.
H. 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.
I. 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 for purposes of this subsection as only one interest.
J. A division of land made outside of platted subdivisions for the purpose of a single gift or sale to a member of the landowners immediate family subject to the following requirements :
1. 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.
2. The purpose of the division is to provide for the housing business or agricultural needs of the grantee.
3. 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 paragraph 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 year unless such parcels are subject to involuntary transfer including but not limited to foreclosure death judicial sale condemnation or bankruptcy.
4. No parcel smaller than five (5) acres created under this paragraph shall be further divided unless the owner obtains a subdivision permit pursuant to W. S. 18 5 304.
5. 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 subject to the provisions of this section 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.
K. 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.
ii. This Resolution shall not apply to a sale or other disposition of land where the original parcel involved is more than 35 acres and 80 acres or less provided each of the following requirements are met:
A. The original parcel was lawfully divided and recorded on or before July 1, 2008.
B. The original parcel is divided at any time and or over a period of years into not more than ten (10) parcels of eighty (80) acres or less in size and each new or remaining parcel is no less than thirty five (35) acres.
C. No more than ten (10) parcels are created from the original parcel and
D. Section 2 11 d. e. and Section 14 a. v. requirements are met.
iii. This Resolution shall not apply to the sale or disposition of lands that on or before July 1, 2008 had been developed and promoted as part of a Large Acreage Subdivision as evidenced by dated plat maps sales brochures or other evidence acceptable to the Board.
iv. This Resolution shall not apply to the sale or other disposition of land where the parcels involved are more than eighty (80) acres.
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 Rules and Regulations Governing the Division of Land in Sheridan County, Wyoming. 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. Appendix GAppendix H.
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 Planning office (307) 675-2420 for further information and assistance.
Updated1/14/2009