Exemptions from Review

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Exemptions From Subdivision Review

The Wyoming Real Estate Subdivision Act W.S. § 18-5-303 establishes several exemptions from the requirement that subdivisions undergo review and be issued a subdivision permit by the County.

Unless the method of sale or other disposition is adopted for the purpose of evading the provisions of this article, this article shall not apply to the following subdivisions of land. However, the following subdivisions are subject to requirements which may be adopted by the Board of County Commissioners regarding documentation of the proper use and implementation of the following exemptions:

FAMILY DIVISIONS: A division of land made outside of platted subdivisions for the purpose of a single gift or sale to a member of the landowner’s immediate family* and shall be exempt from the subdivision permit requirement, subject to the following requirements:

LARGE ACREAGE (35-ACRE+) SUBDIVISIONS: Large acreage subdivisions in Park County are subject to varying levels of review/documentation. All parcels created pursuant to this exemption shall conform to the requirements specified in the 2015 Development Standards and Regulations as identified below:

  1. Exempt Large Acreage Subdivisions
    • Up to 10 parcels, each being 35-40 acres in size
    • See Chapter III, Section 7a
  2. Non-Exempt Large Acreage Subdivisions
    • 11 or more parcels, each being 35-40 acres in size
    • See Chapter III, Section 7b
  3. Large Acreage Subdivisions
    • Parcels that are 41-140 acres in size
    • See Chapter III, Section 7c

MISCELLANEOUS EXEMPTIONS: The following types of divisions of land shall be exempt from the subdivision permit requirement:

RECORD OF SURVEY REQUIREMENT FOR EXEMPT DIVISIONS
A record of survey is required to be filed with the County Clerk and Recorder for all parcels that are exempt from the subdivision permit requirement. The survey shall accompany and be referenced by all instruments recorded in the Office of the Clerk and Recorder that divide land or realign property boundaries pursuant to W.S. §18-5-303 (Exempt Divisions). The reference shall locate the survey by citing its document number, deed book and page number, or plat cabinet and page number.

FILING AND RECORDING PROCEDURE

  1. Certification required for all instruments: The owners or agents of a property owner seeking to record deeds , records of survey, contract for deeds, or other instruments shall present to the County Clerk a Certificate of Filing indicating whether the instrument creates any division or subdivision of land (Appendix 9). The certification shall further indicate that any division of land created by the instrument conforms to one or more of the subdivision exemptions of these regulations.
  2. Nullification of Exempt Division: Any exempt division may be nullified by the grantee and grantor by recording an instrument with a form approved by the County Attorney. The effect of filing such an instrument shall be to rescind the original exemption and merge the exempt parcel with the original parent parcel, thereby reverting the land to its original configuration as it existed prior to the exempt division.
  3. Requirements for Agricultural Divisions: In addition to the Certificate of Filing, owners or agents of a property owner seeking to record deeds , records of survey, contract for deeds, or other types of instruments that divide land through agricultural exemption shall present to the County Clerk a covenant to be recorded with the instrument that conforms to Appendix 10, Covenant for Agricultural Purposes Exemption.