Wyoming Statutes

Wyo. Stat. § 18-5-201 (2026)

Authority vested in board of county

✓ current as of May 2026
Find cases: SyfertCases citing this section WY-LEGwyoleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
commissioners; inapplicability of chapter to incorporated cities
and towns; mineral resources; private schools.

     (a) 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. 18-
5-201 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).
No zoning resolution or plan shall regulate and restrict the
location and use of buildings and structures and the use,
condition of use or occupancy of lands for the use of a private
school as defined in W.S. 21-4-101(a)(iii) in any manner
different from a public school, provided that the private
school:

          (i) Is certified by the professional engineer or
architect of record for the private school as being
substantially similar to school facility commission guidelines
for education buildings and siting and is designed to be
constructed with appropriate materials, means and methods;

          (ii)    Has capacity for fifty (50) students or more;
and

          (iii)   Is owned and operated by a not for profit
entity.
Notes of Decisions
Cited in 26 cases (3 in the last 5 years), 1980–2025 · leading case: Bd. of Cnty. Commissioners v. Crow, 2003 WY 40 (Wyo. 2003).
Bd. of Cnty. Commissioners v. Crow, 2003 WY 40 (Wyo. 2003). · cites it 25× “Whether Wyo. Stat. § 18-5-201 authorizes counties to regulate the height, bulk and scale of buildings? 2.”
Seherr-thoss v. Teton Cnty. Bd. of Cnty. Commissioners, 329 P.3d 936 (Wyo. 2014). · cites it 16× “Wyo. Stat. Ann. §§ 18-5-201 ; (LexisNexis 2018).”
River Springs Ltd. Liab. Co. v. Cnty. COM'RS OF TETON, 899 P.2d 1329 (Wyo. 1995). · cites it 25× “These consolidated cases require us to revisit the definition of minerals in the context of the language in Wyo.Stat. § 18-5-201 (1977), which limits the zoning authority of a board of county commissioners so it cannot “prevent any use or occupancy reasonably necessary to the…”
Snake River Venture v. Bd. of Cnty. Commissioners, 616 P.2d 744 (Wyo. 1980). · cites it 18× “9, Wyoming Statutes, 1957 (now §§ 18-5-201 — 18-5-207, Wyoming Statutes, 1977), on the 19th day of November, 1970 the Defendant, Board of County Commissioners for Teton County approved a master plan entitled `Master Plan for Teton County' .”
Ford v. Bd. of Cty. Com'rs of Converse, 924 P.2d 91 (Wyo. 1996). · cites it 10× “Wyo. Stat. § 18-5-201 (1996) provides: § 18-5-201.”
Bonnie M. Quinn Revocable Trust v. SRW, Inc., 2004 WY 65 (Wyo. 2004). · cites it 6× “They further alleged that under Wyo. Stat. Ann. § 18-5-201 (LexisNexis 2003) their drilling activities are not subject to regulation.”
Pedro/Aspen, Ltd. v. Bd. of Cnty. Commissioners, 2004 WY 84 (Wyo. 2004). · cites it 4× “, (Lexis-Nexis 2003), Natrona County adopted a zoning regulation providing no sales of land within a “major land subdivision” could occur until a plan, approved by Natrona County, was filed. A “major land division” is defined as “a division of land into three (3) or more lots or…”
Wilson Advisory Comm. v. Bd. of Cnty. Commissioners, 292 P.3d 855 (Wyo. 2012). · cites it 3× “Wyo. Stat. Ann. § 18-5-201 (LexisNexis 2011); Snake River Venture v.”
Bd. of Cnty. Commissioners v. Teton Cnty. Youth Servs., Inc., 652 P.2d 400 (Wyo. 1982). · cites it 8× “However, nothing in W.S. 18-5-201 through 18-5-207 shall be construed to contravene any zoning authority of any incorporated city or town and no zoning resolution or plan shall prevent any use or occupancy reasonably necessary to the extraction or production of the mineral…”
Tayback v. Teton Cnty. Bd. of Cnty. Commissioners, 402 P.3d 984 (Wyo. 2017). · cites it 2× “Pursuant to Wyo. Stat. Ann. § 18-5-201 (LexisNexis 2017), boards of county commissioners have broad authority to promulgate zoning regulations.”
Laughter v. Bd. of Cnty. Commissioners, 2005 WY 54 (Wyo. 2005). · cites it 2× “The joint land use plan was not adopted in accordance with its own terms, and the County’s attempt to amend and “readopt” the document violated both the plain language of the [Plan] and applicable provisions of the Wyoming Zoning Act, W.S. §§ 18-5-201 through 18-5-208. The…”
Wilson v. Bd. of Cnty. Commissioners, 153 P.3d 917 (Wyo. 2007). · cites it 2× “Whether Wyo. Stat. § 18-5-201 impliedly authorizes Teton County to require the conveyance of rights, in perpetuity, to enforce open space restrictions to an organization qualified and dedicated to preserving the values intended by the restrictions? 8.”
— Wyo. Stat. § 18-5-201(1977) — 1 case
River Springs Ltd. Liab. Co. v. Cnty. COM'RS OF TETON, 899 P.2d 1329 (Wyo. 1995). “These consolidated cases require us to revisit the definition of minerals in the context of the language in Wyo.Stat. § 18-5-201 (1977), which limits the zoning authority of a board of county commissioners so it cannot “prevent any use or occupancy reasonably necessary to the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.