Wyoming Statutes

Wyo. Stat. § 18-5-207 (2026)

Continuation of existing uses; effect of

✓ current as of May 2026

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alteration or addition; future use after discontinuation of
nonconforming use.

     (a) A zoning resolution enacted under the provisions of
W.S. 18-5-201 through 18-5-206 shall not prohibit the
continuance of the use of any land, building or structure for
the purpose for which the land, building or structure is used at
the time the resolution is adopted and it is not necessary to
secure any certificate permitting such continuance. However, the
alteration or addition to any existing building or structure for
the purpose of effecting any change in use may be regulated or
prohibited by zoning resolution. If a nonconforming use is
discontinued any future use of such land, building or structure
shall be in conformity with the provisions of the resolution
regulating uses in the area in which the land, building or
structure is located.

     (b) A county shall not enact a zoning resolution or take
any other action that eliminates livestock grazing on any
private land or land owned by the county without first complying
with the provisions of this article.

Notes of Decisions

Cited in 7 cases, 1980–2014 · leading case: Seherr-thoss v. Teton Cnty. Bd. of Cnty. Commissioners, 329 P.3d 936 (Wyo. 2014).

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Seherr-thoss v. Teton Cnty. Bd. of Cnty. Commissioners, 329 P.3d 936 (Wyo. 2014). · cites it 38× “The Order recognized that RST's historical gravel crushing and extraction operations were grandfathered under Wyo. Stat. Ann. § 18-5-207 . However, the Order attempted to reduce RST's operation to its 1978 extent.”

Snake River Venture v. Bd. of Cnty. Commissioners, 616 P.2d 744 (Wyo. 1980). · cites it 6× “[now § 18-5-207, W.S. 1977], which says that a zoning resolution shall not prohibit the continuance of the use of any land, building or structure for the purpose for which it is used at the time the resolution takes effect.”

Snake River Brewing Co. v. Town of Jackson, 2002 WY 11 (Wyo. 2002). · cites it 2× “Wyo. Stat. Ann. § 18-5-207 (LexisNexis 2001) simply forbids counties from enacting zoning regulations that prohibit existing uses.”

Crouthamel v. Bd. of Albany Cnty. Commissioners, 951 P.2d 835 (Wyo. 1998). · cites it 10× “However, the Act also contains a “grandfather” clause, which provides that a zoning resolution shall not prohibit the continuance of any use for which the land, building or structure is used at the time the zoning resolution is adopted, and it is not necessary to obtain any…”

Bd. of Cnty. Commissioners v. Crow, 2003 WY 40 (Wyo. 2003). “§ 18-5-207. Continuation of existing uses; effect of alteration or addition; future use after discontinuation of nonconforming use.”

River Springs Ltd. Liab. Co. v. Cnty. COM'RS OF TETON, 899 P.2d 1329 (Wyo. 1995). · cites it 2× “In such an instance, the permitted use, in effect, would be “grandfathered,” just as though it had been in existence upon the adoption of the zoning provision. With respect to a preexisting use, whether antedating the Plan adopted in Teton County or existing at the time of a…”

Roger Seherr-Thoss, D/B/A Rst Sand & Gravel &/Or Rst Excavation & Trucking v. Teton Cnty. Bd. of Cnty. Commissioners & Teton Cnty. Plan. Dir., 2014 WY 82 (Wyo. 2014). · cites it 37× “The Order recognized that RST’s historical gravel crushing and extraction operations were grandfathered under Wyo. Stat. Ann. § 18-5-207 . However, the Order attempted to reduce RST’s operation to its 1978 extent.”

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