HB0272 - Real estate subdivision amendments.
2001 |
State of Wyoming |
01LSO-0557 |
HOUSE BILL NO. HB0272
Real estate subdivision amendments.
Sponsored by: Representative(s) Simpson and Senator(s)
Cathcart
A BILL
for
1 AN ACT relating to real
estate; revising the definition of
2 subdivision;
revising exemptions from subdivision
3
requirements; providing an exception to permit requirements
4 as
specified; requiring adoption of rules; requiring a
5
report to the legislature; and providing for effective
6
dates.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 18-5-302(a)(vii),
18-5-303(a)(intro),
11 (v) and by creating a new paragraph
(ix), 18-5-305 and
12 18-5-306(a)(intro) are amended to
read:
13
14 18-5-302. Definitions.
15
16 (a) As used in this article:
Page 1
1
2 (vii) "Subdivision"
means a division the
3 creation of a lot, tract,
parcel or other unit of land into 4
three (3) or more lots, plots, units,
sites or other 5
subdivisions of land for
the immediate or future purpose of
6 sale,
building development or redevelopment, for
7 residential,
recreational, industrial, commercial or public
8 uses.
The creation of a lot, tract, parcel or other unit
of
9 land as a result of a condemnation action shall not be
10 considered a
subdivision of land. The word "subdivide" or
11 any derivative thereof shall have reference
to the term
12 subdivision, including mobile home courts,
the creation of
13 which constitutes a subdivision of land;
14
15 18-5-303. Exemptions from provisions.
16
17 (a) Unless the
method of sale or division of
18 ownership
is adopted for the purpose of evading the
19 provisions of this article, this article
shall not apply
20 to:
21
22 (v) The sale of
land where the parcels involved
23 in the sale are thirty-five (35) acres or
larger, ;
24 providing the
seller provides rights of ingress and egress
Page 2
1 to each parcel where permitted by law, and utility
2 easements subject to the following
requirements:
3
4 (A) Ingress and
egress, where permitted by
5 law, shall be provided by binding
easements necessary for a
6 road of not less than thirty (30) feet
in width to a public
7 road;
8
9 (B) Binding easements,
where permitted by
10 law,
of not less than twenty (20) feet in width shall be
11 provided
over adjoining property as necessary for sewers,
12 drainage,
sewer lines, power lines or other utilities to
13 each
parcel;
14
15 (C) If the parcel has access to a public
16 road
or access to a utility easement the seller need not
17 provide
duplicate access.
18
19 (ix) Boundary
line adjustments where the parcel
20 sold
is adjacent to and merged with other land owned by the
21 buyer.
22
23 18-5-305. Enforcement; rules and regulations.
24
Page 3
1 Each board shall enforce this article and in
accordance
2
with the Wyoming Administrative Procedure Act shall within 3
six (6) months after March 10, 1975, adopt such
rules and
4 regulations
as necessary to implement the provisions of and
5 to
insure compliance with the intent and purposes of this
6 article.
7
8 18-5-306. Minimum
requirements for subdivision
9 permits.
10
11 (a) The board shall require the following information
12 to be submitted with each application for a
subdivision
13 permit, provided
the board may by rule exempt from any of
14 the following
requirements of this subsection or subsection
15 (c) of this
subsection the subdivision of one (1) or more
16 units of land
into not more than a total of five (5) units
17 of land:
18
19 Section
2. Each board of county
commissioners shall
20 within nine (9) months after the effective
date of this
21 section adopt new rules and regulations or
amend and
22 conform existing rules and regulations to
the provisions of
23 this act and as necessary to ensure
compliance with W.S.
24 title 18, chapter 5, article 3 as required
by W.S.
Page 4
1 18-5-305,
including but not limited to, rules and
2
regulations for when a subdivision of no more than five (5)
3
units of land may be exempt. Each board of county
4
commissioners shall report to the legislature not later
5
than January 1, 2002, concerning its compliance with this
6
section.
7
8 Section 3.
9
10 (a) This
act is effective July 1, 2001, except as
11 provided in subsection (b) of this section.
12
13 (b) Section 2 of this act is
effective immediately
14 upon completion of all acts necessary for a
bill to become
15 law as provided by Article 4, Section 8 of
the Wyoming
16 Constitution.
17
18 (END)
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