Catch Title: SF0042 County Zoning Authority
Sponsor: Senator(s) Gierau; Representative(s) Harshman, Anderson, Byron, Campbell
Effective Date: July 1, 2026
Bill URL: https://www.wyoleg.gov/Legislation/2026/SF0042
Overview:
SF0042 clarifies and narrows the scope of “mineral resources” that are exempt from local county zoning. The bill’s primary purpose is to shift the zoning authority for construction materials—specifically sand, gravel, and common rock—from state-level mineral protections to local county boards . Additionally, it mandates that state-owned lands in unincorporated areas must comply with local county zoning regulations, ensuring that state-initiated leases for industrial or commercial purposes respect local land-use decisions .
Key Provisions:
- Redefining Mineral Resources: Explicitly excludes sand, gravel, or common rock used for construction from the legal definition of “mineral resources” that typically bypasses county zoning .
- Local Extraction Control: Authorizes boards of county commissioners to enact zoning resolutions that prevent or limit land use related to the extraction of sand, gravel, and construction rock .
- State Land Inclusion: Expands the definition of “unincorporated area” to include lands owned or controlled by governmental entities, including their lessees and permittees .
- Existing Contract Protection: Includes a “savings clause” stating the act shall not alter or impair any lease or contract entered into before July 1, 2026 .
Implications:
- Shift in Regulatory Power: By removing the “mineral” designation from sand and gravel, the state effectively grants counties the power to treat these operations as “industrial” or “commercial” land uses subject to local permits and restrictions .
- Administrative Coding Necessity: While comprehensive plans remain mandatory, counties must ensure their planning goals are explicitly written into zoning code to maintain enforcement authority during development reviews .
- Stability for Current Operators: The bill provides a safe harbor for existing quarry and extraction operations by exempting current leases from the new zoning requirements until those agreements expire or are renewed .