State Statutes Title 18-5

Wyoming State Statutes Title 18, particularly Chapter 5, grants county commissioners regulatory powers over land use, planning, and permitting within their jurisdiction. Specifically, Title 18-5 empowers the Converse County Commissioners to examine, approve, deny, or require mitigation measures for land development proposals, including projects like the Pronghorn H2 Project.

• 18-5-201 et seq. establishes the county’s authority to adopt zoning resolutions, create planning commissions, and regulate land use for the purpose of promoting health, safety, morals, and general welfare.

Permitting decisions must comply with adopted zoning and land use plans but also allow commissioners to consider project impacts and require conditions or mitigation to address concerns such as environmental protection, economic development, and compatibility with neighboring uses. 

W.S. § 18-5-201 (Authority Vested in Board of County Commissioners) provides the foundational statutory basis for county zoning and land use regulation in unincorporated areas, which underpins the specific authority for energy projects:

• The statute states: "To promote the public health, safety, morals and general welfare of the county, each board of county commissioners may regulate and restrict the location and use of buildings and structures and the use, condition of use or occupancy of lands for residence, recreation, agriculture, industry, commerce, public use and other purposes in the      unincorporated area of the county."
• This broad power enables counties like Converse to adopt zoning plans and land use regulations,  including those for utility-scale energy under Article 5 (W.S. §§ 18-5-501 et seq.). Without § 18-5-201, counties would lack the legal framework to enforce permitting for wind/solar projects. In addition, Statute affords the counties to be more restrictive, if necessary than the regulations set      forth by the ISD.
• Limitations: It does not override state or federal authority, nor does it apply to mineral      licensing. As noted, it intersects with state lands via lease compliance requirements (W.S. § 36-5-114(d)). The Supreme Court has interpreted it as not granting counties "unrestricted ability to regulate state lands," reinforcing that county authority applies indirectly through lease terms for long-term energy projects.

When a project like Pronghorn H2 intends to lease state lands for long periods, county commissioners retain oversight on land use and permitting, despite the land being owned by the state. Wyoming statutes grant counties the right to review proposals affecting state lands within their jurisdiction.

• While the Wyoming Office of State Lands and Investments manages leasing, counties have authority to enforce zoning and permitting on any parcel, whether privately or publicly owned, unless specifically preempted by state law.
• Commissioners can deny, approve, or require changes to projects on state lands, provided their decisions are grounded in adopted land use regulations and supported by findings related to public interest, environmental impact, and local compatibility.
• Statutory authority: W.S. 18-5-202 and 18-5-301 affirm county oversight over both private and public lands for planning and permitting purposes.

Converse County maintains both a Land Use Plan and a Natural Resource Plan, which occasionally present conflicting objectives regarding development and conservation.

• The Land Use Plan focuses on orderly growth, infrastructure, and economic opportunity, while the Natural Resource Plan prioritizes the stewardship of wildlife, water, and ecological values.
• For projects like Pronghorn H2, commissioners must weigh both plans in their decision-making process. If a proposed use aligns with one plan but contradicts the other, the commissioners have statutory discretion to require mitigation, deny, or approve subject to conditions that balance economic and environmental interests.
• Wyoming law, under Title 18-5, requires the commissioners to make findings based on comprehensive plans and to document how conflicts are resolved, often through public hearings and detailed analyses.

Wyoming State Statutes Title 18-5 vests Converse County Commissioners with broad authority over local land use, including the approval, denial, and mitigation of major projects such as Pronghorn H2. This authority applies to all lands within the county, including state lands intended for long-term leasing, unless state law expressly states otherwise. In cases where the Converse Land Use Plan and the Natural Resource Plan are at odds, commissioners are empowered to balance these interests and craft solutions in public interest. Wyoming case law upholds the statutory powers of county governments to regulate, mitigate, and adjudicate land use issues, ensuring that decisions are legally defensible and tailored to the needs and values of the community.

Converse County Commissioners have the power under Title 18-5 to deny the Pronghorn H2 Project.

• Contact your commissioners directly (email addresses) and demand they put our community first.
• Show up at hearings.
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