County land use plan explained

Hot Springs County Planner Bo Bowman sat down with the Independent Record to discuss the Hot Springs County Land Use Plan and how it is used in conjunction with regulatory documents and a land classification system. There has been much discussion at county meetings and amongst county property owners regarding requests for land-use changes, particularly ones seeking to become commercial use for lodging businesses.

Bowman said, “In the United States communities prepare a land-use plan, master plan, comprehensive plan, or general plan; there are several names for this type of document. And as a goal-setting document it does not have the force of law. They look at the history of the county, the situation, what perceived threats they have, and where they see themselves going in the future.”

“Having done that, then they sit down and they adopt regulations that implement the goals and policies of the plan. So you have two bodies of documents.”

Regarding the specific nature of this county, Bowman said, “Now you have to understand that Hot Springs County is a county of under 5,000 people. We’re a microcosm of the outside world. We have our land-use plan and we have our regulatory documents including a land classification system that was developed long before I got here. They were extremely adamant about not using the word “zoning,” and it’s not called a zoning resolution. But the reality is, we have regulations. Many counties in the state avoid the word “zoning” because they don’t want to go there.”

Whether a governing entity uses zoning or a similar form of land use classification, the land classification categories are identical. They include agricultural, residential, commercial, etc. Bowman added, “In fact, our program emulates, or patterns itself after a traditional zoning program. “

There is a difference between how Wyoming municipalities and counties address land uses.  If a property owner within the town limits seeks to change a property’s zoning designation, he or she must go to the Thermopolis Town Council or East Thermopolis Town Council. Even Kirby has zoning. If the property is outside town boundaries, then the landowner must request a land-use change from Hot Springs County. 

Bowman continued by saying “Zoning is just a word. If you’re doing essentially the same thing, but don’t call it zoning, you’re still regulating land use – and implementing your Land Use Plan.”

The land use designations used by the county planner’s office are similar to the categories used by the county assessor’s office. However the former is for land use planning purposes, and those the county assessor’s office uses are for taxation purposes.

Bowman said, “Airbnb is a bit of a gray area. The big question is, where can county property owners do a short-term rental, and where can’t they?” 

Because of the nationwide, and now surging local use of short-term rentals of residences, the current Hot Springs County Land Use Plan and Regulations may need updates to address these trends. The county’s Land Use Planning Commission is currently looking at changes to the county’s land use regulations that will better address short-term rentals on properties designated as residential.