Buffer zone discussed

Former area of influence largely dismissed by state, forcing Saratoga Planning Commission to rethink policy

Determining what extraterritorial jurisdiction a municipality has outside of town limits was the primary catalyst for a workshop held on July 31 between the Saratoga Town Council, Saratoga Planning Commission and Carbon County Planning Director Sid Fox. As was reported previously in the July 18 edition of the Saratoga Sun (page 9, “Looking to the future”), the workshop was organized following Fox’s appearance before the planning commission to explain the current issues facing the “buffer zone.”

“The current town code, in several spots, refers to Wyoming Statute 18.5.101 which provides the authority for the town to have the buffer zone, but 18.5.101 statute has been repealed,” said Jon Nelson, chairman of the Saratoga Planning Commission.

Wyoming Statute 18.5.101 was repealed in 2013 with the passing of House Bill (HB) 85. Before the passing of this bill, the mayor of a municipality had the authority to enforce health or quarantine ordinances within five miles of the limits of the town and the authority to enforce all matters except taxation within one-half mile of the town limits.

The bill repealed the authority of a municipality within five miles of its boundaries and authorized a board of county commissioners to enact a resolution nullifying any ordinance a municipality had within the half-mile radius.

A total of six different ordinances within Title 18 of the Saratoga Municipal Code reference the now repealed state statute in regards to the town’s jurisdiction within the “buffer zone.” Additionally, during the 2018 Budget Session, the Wyoming Legislature passed HB14 which further restricts the authority of a municipality within that half-mile area surrounding the town limits.

“The new bill that’s going into effect, in layman’s terms, basically states there are exceptions for a half-mile buffer, but if the county has adopted a comprehensive plan then we no longer have any sort of jurisdiction outside of our boundaries unless granted by the county commissioners,” said Will Faust, Saratoga Town Council member and Saratoga Planning Commission representative.

In the summary of the bill, available on the Wyoming Legislation website (http://www.wyoleg.gov/Legislation/2018/HB0014), it is stated that HB14 “restricts a municipality’s current authority to exercise jurisdiction within one-half mile of its boundaries for any unincorporated area in a county which has officially adopted a comprehensive plan.”

Discussion between members of the town council, the planning commission, Fox and Carbon County Commissioner Sue Jones centered around how much authority the Carbon County government would want to grant the Town of Saratoga. In the summary of HB14 it is provided that “with the consent of a municipality, a comprehensive plan may delegate functions to the municipality in whole or in part and exclusively or concurrently with county performance of the functions.”

After some discussion between the members of the workshop, the floor was opened to public comment. Several members of the audience who were in attendance owned property within the “buffer zone” and some, such as Deb Arnold and Leo Yokum, expressed concern about the extraterritorial jurisdiction. Others, such as Rocky Fiedor, voiced their frustration with what they felt was a failure on the part of the community of Saratoga in not planning for the future and the growth of the town in terms of establishing infrastructure.

Still others, such as Scott Kerbs, informed the members of the workshop that he felt they were wasting their time.

“All of the decisions should be driven by somebody designed to be annexed into the town and the state law took care of the statute that made it moot as far as you guys having any decisions outside of city limits as far as that is concerned,” said Kerbs.

Following the period of public comment, the members of the workshop appeared to come to an agreement that the Town of Saratoga did not want to be granted full jurisdiction within the buffer zone nor did the municipality want to be unable to comment on projects planned just outside town limits.

“I think it’s reasonable for us to proceed in looking at language that says, essentially, the county will do a referral to the town for comment within a certain zone, but the town will not exert any authority over any unannexed properties. The only way that the town will then have the authority to exert planning and zoning authorities or require extension of utilities would be for annexation,” said Nelson.

 

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