SF0042

Amends county zoning authority to clarify and expand regulatory powers over land use while establishing limitations on zoning restrictions related to mineral extraction and sand/gravel operations.

• Clarifies that county zoning authority applies to unincorporated areas including areas owned or controlled by governmental entities and their lessees or permittees. (W.S. 18-5-201(a)(i)(B))
• Defines mineral resources for zoning purposes to exclude sand, gravel, and common rock used for construction, allowing counties to separately regulate these materials. (W.S. 18-5-201(a)(i)(A), W.S. 18-5-201(a)(iii))
• Prohibits zoning resolutions from preventing uses reasonably necessary to extract or produce mineral resources, while preserving county authority to regulate sand, gravel, and similar construction materials. (W.S. 18-5-201(a)(iii))
• Requires that land use or physical development consistency standards only apply when local land use plan provisions have been incorporated into local zoning regulations. (W.S. 18-5-201(a)(iv))
• Prohibits minimum lot size requirements or other zoning restrictions from preventing residential or agricultural uses on land divisions exempt from subdivision requirements. (W.S. 18-5-201(a)(v), W.S. 18-5-303(a)(i))
• Prevents zoning regulations from treating private schools differently than public schools, provided the private school meets specified criteria including capacity of at least 50 students and not-for-profit ownership. (W.S. 18-5-201(a)(vi), W.S. 21-4-101(a)(iii))
• Requires state lands board rules for long-term leasing to include compliance with county land use planning and zoning laws, including limitations imposed under the amended county zoning authority statute. (W.S. 36-5-114(d))
• Protects existing leases, contracts, and agreements entered into before the effective date from being altered, amended, or impaired by this act. (Section 2)

Effective: July 1, 2026

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