Agenda - Planning Commission - 10/09/2014

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Zoning Bulletin August 25, 2014 l Volume 8 l Issue 16 Nonconforming Use —County prohibits expansion of nonconforming gravel operation Gravel operator contends that under Wyoming statute, county has no authority to prohibit expansion of nonconforming land uses Citation: Seherr-Thoss v. Teton CountyBd. of County Com'rs, 2014 WY82, 2014 WL 2921818 (Wyo. 2014) WYOMING (06/25/14)—This case addressed the issue of whether Wyo- ming statutory law—Wyo. Stat. § 18-5-207—prevents counties from prohibit- ing or otherwise regulating or limiting the expansion or enlargement of the use of land for continued extraction and processing of gravel. More generally, it addressed the extent of § 18-5-207's protection of nonconforming land uses. The Background/Facts: Roger Seherr-Thoss ("RST") and his father owned and operated an approximately 350-acre cattle ranch in Teton County, Wyoming (the "County"). Since at least 1977, RST and his father stopped other economic pursuits, cut back on their livestock operation, and focused on operating a gravel operation. Since that time, they have continuously operated a gravel operation within the 350-acre ranch. In 1978, the County enacted its first Land Development Regulations ("LDRs"). Under those LDRs, RST's land was zoned residential -agricultural. Gravel operations were not peinuitted in such zones without a special -use permit ("SUP") from the County. In 1994, the County repealed and replaced the 1978 LDRs with the 1994 LDRs, which also prohibited gravel operations on RST's property. In 1995, the County began investigating and attempting to enforce its LDRs against RST. At that time, RST's gravel operation used approximately three acres. From 1995 to 2010, the County and RST engaged in discussions regard- ing the legality of RST's use of his property. Eventually, in June 2010, the County Planning Director issued a Notice to Abate to RST. The notice ordered RST to cease gravel crushing and extraction operations on his property and to reduce his screening and stockpiling to pre-1978 levels. The Notice to Abate was amended in February 2011 to also require RST to reduce his production levels to pre-1978 levels. RST appealed to the County Board of Commissioners (the "Board"). The Board recognized that RST's gravel operation was grandfathered under Wyoming statutory law—Wyo. Stat. Ann., § 18-5-207. However, the Board also concluded that RST's land use was grandfathered only to the extent of his operations at the time the LDRs became effective in 1978. The Board ordered RST to reduce the footprint of his operation and the volume of extracted gravel from his operation to pre-1978 levels or the size that the earliest available evi- dence indicated —which was three acres and 15,000 cubic yards or 17,000 tons per year. 2014 Thomson Reuters 9