Wyoming Statutes

Wyo. Stat. § 35-12-114 (2026)

Review of grant or denial of permit.

✓ current as of May 2026

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     (a) Any party as defined in W.S. 35-12-111 aggrieved by
the final decision of the council on an application for a permit
may obtain judicial review by the filing of a petition in any
state district court in which the major portion of the proposed
facility is to be located within thirty (30) days after the
issuance of a final decision. The petition for appeal by any
party must include an express assumption of the cost of
preparation of the complete written transcripts and record for
the court. Upon receipt of a petition, the division shall
deliver to the court a copy of the complete written transcript
of the record of the proceeding before it and a copy of the
council's decision and opinion entered therein which shall
constitute the record on judicial review. At the same time the
division shall deliver to the petitioner an itemized statement
of the cost of preparing the complete written transcript and
record for the court. The petitioner shall pay the division this
cost within forty-five (45) days or forfeit the right to appeal
to district court. A copy of the transcript, decision and
opinion shall remain on file with the division and shall be
available for public inspection.

     (b) When a decision is issued after a hearing on an
application for a permit, the decision is final for purposes of
judicial review. The judicial review procedure shall be the same
as that for contested cases under the Wyoming Administrative
Procedure Act.

Notes of Decisions

Cited in 5 cases, 1978–2012 · leading case: City of Evanston v. Griffith, 715 P.2d 1381 (Wyo. 1986).

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City of Evanston v. Griffith, 715 P.2d 1381 (Wyo. 1986). · cites it 10× “Section 35-12-114, W.S. 1977, allows the Council to condition the issuance of an industrial siting permit on a developer's agreement to finance needed mitigation measures.”

N. Laramie Range Found. v. Converse Cnty. Bd. of Cnty. Commissioners, 290 P.3d 1063 (Wyo. 2012). · cites it 2× “Wyo. Stat. Ann. § 35-12-114 allows "[aluy party as defined in W.”

Laramie River Conservation Council v. Indus. Siting Council, 588 P.2d 1241 (Wyo. 1978). · cites it 2× “1957, as amended (now § 35-12-114, W.S.1977). Following a decision entered after this more intensive study the same right of judicial review is available.”

Indus. Siting Council v. Chicago & North W. Transp. Co., 660 P.2d 776 (Wyo. 1983). “The ISC is empowered to grant the permit for construction of a facility, grant the permit with conditions to mitigate the adverse effects of the construction or deny the permit by § 35-12-114, W.S.1977, which provides in pertinent part: “(a) Within sixty (60) days of completion…”

Canyon View Ranch v. Basin Elec. Power Corp., 628 P.2d 530 (Wyo. 1981). “When a permit is issued, the Siting Council is required to state any “terms and conditions in detail” (§ 35-12-114(d), W.S.1977), and the statute justifies revocation or suspension of the permit for failure to comply with the terms and conditions.”

— Wyo. Stat. § 35-12-114(c) — 1 case

City of Evanston v. Griffith, 715 P.2d 1381 (Wyo. 1986). “Section 35-12-114, W.S. 1977, allows the Council to condition the issuance of an industrial siting permit on a developer's agreement to finance needed mitigation measures.”

— Wyo. Stat. § 35-12-114(d) — 2 cases

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