For all types of subdivision exemptions, applicants must meet with Planning staff prior to completing the application and affidavit. Please see application for additional submittal requirements.
Process for Subdivision Exemptions
To begin the process, the applicant needs to schedule an appointment with Planning and Development staff prior to submitting the application, by calling 307-325-9447 or emailing email@example.com to set up an appointment.
Submit Affidavit with the following documents at time of application
- Completed affidavit with additional signatory pages for the Grantor and each Grantee.
- Proof of ownership of original property with copy of warranty deed.
- Copy of new warranty deed to Grantee(s) with exact legal description.
- Record of Survey for new property with exact legal description.
- Digital Shape File of the Record of Survey, and any other documents deemed necessary.
The Affidavit and all required documents are reviewed by Assessor, GIS, and Planning. All required documents must be submitted at time of application.
After approval of the Affidavit of Subdivision Exemption, the applicant will receive notification. The applicant is responsible for collecting all original materials from the Planning Department, and recording them with the County Clerk's office and the Records Office.
Applicant records new deed, Record of Survey, and the Affidavit.
Subdivision Exemption Types
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:
- Immediate Family Member:
A member of the immediate family is limited to any person who is a natural or adopted child, stepchild, spouse, sibling, grandchild, grandparent or parent of the landowner.
- Family Business Entity:
Where the landowner is a business entity and eighty percent (80%) of the ownership interest or shares are held by or in the name of the trust controlled by individuals related by blood or marriage, the sale or gift may be made, subject to the provisions of W.S. 18-5-303, to an immediate family member of any shareholder who has owned at least five percent (5%) of the outstanding shares for at least five (5) years continuously before the date of the gift or sale;
The purpose of the division is to provide for the housing, business or agriculture needs of the grantee;
The land shall have been titled in the name of the grantor, or in the name of a trust controlled by the grantor, for a combined period prior to the division of not less than five (5) years for land titled before February 27, 2019, or ten (10) years for land titled on or after February 27, 2019. Parcels created under this paragraph shall be titled in the name of the immediate family member for whom the division is made for a period of not less than five (5) years, or for not less than one (1) year if the parcel was created before February 27, 2019, unless such the parcels are subject to involuntary transfer including, but not limited to, foreclosure, death, judicial sale, condemnation or bankruptcy;
Acreage for re-division:
No parcel smaller than five (5) acres created under this paragraph shall be further divided unless the owner obtains a subdivision permit pursuant to W.S. 18-5-304 and County regulations.
The following types of divisions of land shall be exempt from the subdivision permit requirement:
- A division that may be created by any court of this state pursuant to the law of eminent domain, by operation of law or by order of any court in this state;
- A division that is created by a lien, mortgage, deed of trust or any other security instrument, easements and rights-of-way;
- A division that concerns lands within incorporated cities and towns;
- A division that is created by the sale or other disposition of land to the State of Wyoming or any political subdivision thereof;
- A division that affects railroad rights-of-way;
- A division that is a sale or other disposition of land for agricultural purposes or affects the alignment of property lines for agricultural purposes;
- A division that is created by boundary line adjustments where the parcel subject of the sale or other disposition is adjacent to and merged with other land owned by the grantee;
- A division that creates cemetery lots;
- A division is created by the acquisition of an interest in land in the name of the husband and wife or other persons in joint tenancy or as tenants in common, and the interest shall be deemed for purposes of this exemption as only one interest. (This provision is intended for estate planning purposes and not to create new parcels or to other wise evade these regulations.)
- A division of land creating a parcel five (5) acres or less for the purpose of establishing unmanned communication facilities, compressor stations, metering stations, fiber optic booster stations or similar unmanned facilities.
Large Acreage Divisions
Parcels over 140 Acres
Except as provided in W.S. 18-5-316, this article shall not apply to the sale or other disposition of land where the parcels involved are thirty-five (35) acres or larger, subject to the requirement that ingress and egress and utility easements shall be provided to each parcel by binding and recordable easements of not less than forty (40) feet in width to a public road unless specifically waived by the grantee or transferee in a binding and recordable document.
Parcels Recorded before July 1, 2008
Each lawfully recorded parcel of land on or before July 1, 2008 shall be exempted from all provisions of this section other than compliance with paragraphs W.S. 18-5-316 (i) through (iii) of this subsection and W.S. 18-5-317 and shall be allowed to be divided into not more than ten (10) parcels of one hundred forty (140) acres or less in size, provided that each new or remaining parcel is no less than thirty-five (35) acres. Parcels created pursuant to this exemption may be created at any time and may be created over a period of years through separate transactions. In no case, however, shall this exemption be used to create more than ten (10) parcels of land from each original parcel and each parcel created after July 1, 2008 shall be subject to this section and W.S. 18-5-317 as otherwise provided in this section.