Goals and policies

2-47 Town house. An attached series of independent dwelling units offered for sale. Considered to be a subdivision. “Row house is synonymous.
2-48 Water resources. Springs, creeks, rivers, lakes, man-made reservoirs and groundwater.
2-49 Wet lands. As defined and designated by the Army Corps of Engineers.

CHAPTER THREE
INVENTORY OF EXISTING CONDITIONS
3-1 Agricultural lands.
3-2 Scenic lands.
3-3 Historic lands.
3-4 Recreational lands.
3-1 Agricultural lands. All rural land within Hot Springs County may be considered agricultural lands, unless described otherwise within this document.
3-2 Scenic lands. The following areas are considered to have particularly scenic qualities:

1. 
   The Wind River Canyon: From the Wedding of the Waters, south to the Fremont County line, extending one-fourth mile from the top of either rim. Also included are the red bluffs or rims, from one-half mile east of the four-mile bridge on Wyoming Highway 173, west to a point three miles west of U.S.20, south one and three-quarters miles to the Wind River Indian Reservation boundary, then east along said boundary four and one-half miles to a point due south of the beginning, thence north to said point of beginning.
   

1. 
   No structures, other than fences, corrals, livestock watering devices, electrical transmission lines, telephone lines and existing access roads shall be built in this area on the slopes of Copper and Stagner Mountains. No high profile structures of over thirty feet in height shall be constructed along the red rims on the northern edge of the scenic area.
   
2. 
   There exist within the canyon, two low-density residential areas and one adjacent commercial area. No additional commercial areas or signing should be allowed beyond that already in place. No flashing signs, other than traffic control devices will be allowed in the area.
   

2. 
   The Wedding of the Waters and adjacent Game and Fish handicapped boat ramp and fishing access area should not be impacted by adjacent properties except for residential, agricultural or unobtrusive commercial development.
   
3. 
   Washakie Needles – The Washakie Needles, at 12,518 feet, and nearby Dome Mountain are landmarks in the western end of Hot Springs County. They are the point at which the Owl Mountains jut to the east from the Absaroka Range. To date the area has been used for livestock grazing, hunting and drilling for petroleum. The entire area in Sections 21, 22, 27, 28, 34 of T44N, R103W should be preserved for scenic and recreational purposes, with no development other than for use for grazing.
   
4. 
   Gooseberry Badlands – This area lays north or Wyoming 431, in the west half of T47N, R97W and continues eastward into Washakie County. An area of colorful eroded badlands with little water, it is used for grazing by sheep, cattle wild game and wild horses. Present uses of this area should continue with no development permitted.
   
5. 
   Louis Freudenthal County Park – Better known as Round Top Mountain, it dominates the skyline on the north side of the town of Thermopolis. Well used by hikers, Round Top presents a strenuous, though unskilled climb for all comers. A frequent destination and playground for area children, it should continue in its present use. Lands to the west and north are agricultural and would be best continued in that capacity. To the south are open lands within the town of Thermopolis, which would be more attractive as open land than as residential development or a similar use. To the east are Monument Hill and the Legion Town and Country Club Golf Course. These uses should continue.
   

3-3 Historic Lands. These lands begin with sites listed on the National Register of Historic Places, followed by other historic sites and structures within the County.

1. 
   Bates Battlefield – Located on Bates Creek, in the eastern end of the County, adjacent to the Washakie County Line, was the scene of a battle on July 4, 1874 between Shoshone Indians led by Chief Washakie, U.S.Army Troops led by Captain Alfred Bates, against Arapahoe Indians led by Chiefs Black Coal and Sharp Nose. The entire campsite and battlefield, which encompasses Section 12, T41N, R90W, should remain as agricultural lands with only fences, livestock watering devices and existing roads. No other development of any type should be allowed.
   
2. 
   J.D. Woodruff Cabin Site – Located between the north and south forks of Owl Creek between the horse barn and the main residence of the Milliron Ranch headquarters, this is the first cabin constructed in the Big Horn Basin and was the headquarters for the Woodruff Ranch, the first livestock enterprise in the Big Horn Basin. A monument now stands on the cabin site. A one-acre parcel containing the monument is deeded to the Department of Commerce, State of Wyoming and is part of Lot 4, Section 7, T43N, R98W. Lands surrounding the monument and cabin site should continue as a ranch headquarters and other agricultural uses continued.
   
3. 
   Legend Rock State Petroglyph Site – This site containing thirty acres on the north bank of Cottonwood Creek, is an Indian petroglyph site and an archaeological site. Under State ownership, it is being developed by the Parks and Cultural Resources Division of the Wyoming Department of Commerce, to accommodate visitors. The current uses of adjoining lands visible from and adjacent to the site are agricultural, with Hamilton Dome Oil Field immediately across the creek to the south. Existing uses should continue with not residential or commercial uses permitted.
   

All other historic lands listed below are not enrolled on the National Register of Historic Places, but some are eligible for such enrollment and may be enrolled at a future date.

4. 
   Gebo – The town site in Section 11, T44N, R95W, has largely been obliterated by reclamation efforts. Only the remains of a few houses, the water tank, cemetery and foundations of some mine buildings and the railroad grade remain. These features should be left as is, for future generations to visit and observe. The land use is now agricultural, with some recreational use by visitors to the site. These uses seem to be compatible and should continue.
   
5. 
   Crosby – Another coal mining town in Section 13, T44N, R95W, in which the town site and mine site have largely been obliterated. A layer of coal slack overlays much of the area. The actual town site has a few visitor, but little other use due to the sparse vegetation, even though surrounding lands are agricultural. Those uses should continue.
   
6. 
   Birdseye Pass Road – This road runs from the Buffalo Creek Road (Hot Springs County Road #5) just west of Jones Creek, south to the Fremont County Line. One site that should be preserved in its present state is Devil Slide. It is a dip on a narrow hog back, between the deep canyon of Jones Creek on the east and Grass Creek on the west in Sections 2 and 3, T41N, R94W. There is at least one stagecoach wreck reputed to have occurred there. Devil Slide is a landmark on that road.
   
7. 
   Other historic roads – While a lot of routes of these trails are still visible, much of them have become graded roads or have turned into cultivated lands, so the original ruts no longer exist. No specific restrictions should be placed on lands crossed by these roads. Should construction, mining or other activity take place near the sites of these roads, an archaeological survey should be done by an archaeologist approved by the State Archaeologist, prior to any surface disturbance.
   
   1. 
      Buffalo Creek Road – Currently Hot Springs County Road #5, is the original Yellowstone Highway between Casper and Thermopolis and dates from 1897 to1910. The most notable site along it is in the Reed Creek Canyon. A rock is painted indicating, “Ray’s Cafe, Casper”. Lichen growth has nearly hidden the lettering.
      
   2. 
      Mexican Pass Road – This road runs from the Red Canyon Ranch, south, past Potato Butte to Mexican Pass and was the Lander-Thermopolis Stage Road.
      
   3. 
      Fort Washakie – Red Lodge Stage Road – The third road to be so designated in then Fremont County, it ran from Blonde Pass (Merritt’s Pass) on Blonde Mountain to what is now Anchor Reservoir and down to the upper crossing of the south fork of Owl Creek by County Road #1, then across the hills north to Twenty-One Creek to its head and over the divide to Little Grass Creek, down that creek to the original headquarters of the L U Ranch in the SE1/4, Section 29, T46N, R99W, then across the divide to Enos Creek and down to the confluence with Gooseberry Creek, then westerly, up Gooseberry toward Meeteetse.
      
   4. 
      Indian Trails – This trail crosses the south fork of Owl Creek, eight miles west of Blonde Pass in the South Fork Canyon. The trail was used by Indians traveling north-northeast across Cottonwood and Gooseberry Creeks.
      
   5. 
      Bridger Trail – This trail runs up Bridger Creek, from Lysite, across Bridger Saddle to Kirby Creek and down that creek to the Big Horn River. It was laid out in 1864 by famed scout, Jim Bridger, to the gold fields of Montana as an alternate to the Bloody Bozeman Trail.
      
8. 
   Ranches of historic interest.
   
   1. 
      Eagle Nest Ranch – Originally operated as dude ranches by old time area resident and movie cowboy, Tim McCoy and his wife Agnes, the current use is primarily ranching. The use of these properties should remain in agriculture or in recreational use such as dude ranching, outfitting or as camps.
      
   2. 
      Arapahoe Ranch Headquarters – The Arapahoe Ranch, begun in 1884 by Sliney, as the Padlock Ranch, has several historic buildings contained in the ranch headquarters. Among these are the manager’s house, bookkeeper’s house, bunk house, foreman’s house, barn, original commissary and two or three other sheds and barns. Most of the structures were built by Rothwell and Simonson during the 1910-25 period. The Arapahoe Tribe acquired the property in 1941 and should be encouraged to preserve the buildings and adjacent fields in the present use. A commercial use of the buildings as a dude complex would not be incompatible with the historic character, if properly planned.
      
   3. 
      L U Ranch – The original L U Ranch headquarters was built on Grass Creek by Territorial Governor, George Baxter, in about 1884. Three of the original log buildings, a house, shed and barn are still standing as of this writing. Also used as a stage stop on the Fort Washakie – Red Lodge Stage Road, the agricultural setting of this area should be preserved and the owners of the property should be encouraged to preserve the original structures.
      
   4. 
      Dickie Ranch – Currently the headquarters of the L U Ranch at the confluence of Enos and Gooseberry Creeks, this headquarters contains some historic structures dating to its use by the Dickie Brothers and possibly by the original owner, MacDonald. The agricultural setting of this headquarters should be retained.
      
   5. 
      Virgil Rice Ranch – Located west of U.S. Highway 20, on the north side of Owl Creek, this ranch has the first water rights on Owl Creek. Homesteaded by Virgil Rice in the 1880’s, the house, though remodeled to some extent, is the original house, the oldest occupied house and one of the oldest structures within the county. This is still an active farm and should remain in agriculture. A residential subdivision lies to the south of it. Adjacent to the highway and just north of the creek are alkali wetlands, which preclude any use other than grazing. To the north, west and east lay agricultural lands. These historic uses should continue.
      
   6. 
      Nielsen Ranch – The original site of the Town of Thermopolis, at the mouth of Owl Creek, this property is now known as the Longwell Ranch. It still has one of the buildings remaining – a saloon – from the original town. An active ranch headquarters since the 1890’s, much of this property has now been subdivided. The owners should be encouraged to preserve the original Thermopolis building.
      
9. 
   Other Petroglyph Sites – There are some 100 other lesser-known petroglyph sites within the county, besides Legend Rock, described above. None of the other sites is under any protection or development, but may be at a future date. Care should be taken to not deface them during any construction. If digging in near proximity to them were proposed, it would be advisable to have an approved archaeologist check the site prior to any surface disturbance.
   

3-4 Recreational Lands. Lands whose only or principal use is for recreation fall into this category.

1. 
   Hot Springs State Park – Those lands contained within the park that are administered by the Parks and Cultural Resources Division of the Wyoming Department of Commerce. All such lands are located east of the Big Horn River, to the north, east and south of the park and extend to the east boundary line of the town of East Thermopolis. The agricultural uses should continue on those contiguous lands. Much of the topography on the adjoining lands would preclude subdivision and that which could be subdivided should remain in agricultural uses for at least one-quarter of a mile beyond the park boundaries.
   
2. 
   Anchor Reservoir – An area located forty miles west of Thermopolis on the south fork of Owl Creek. The area within the take line fence is administered by the U.S. Bureau of Reclamation. There is a small picnic/camp area developed near the inlet of the reservoir. The entire area was originally in agricultural use and still is, including around the recreational facilities. These uses should continue with recreational use being the preferred use and agricultural being secondary. Outside of the take line fence, all lands are agricultural. That use should continue, to provide the present wild, arid quality of the recreational site.
   
3. 
   Wedding of the Waters Game and Fish Boat Ramp Area – This area is located at the mouth of Wind River Canyon extending north from the Wind River Indian Reservation boundary between the Big Horn River and U.S. Highway 20 for about one-half mile. The area provides a rest area and fishing and boating access to the river for able bodied and handicapped alike. It also contains an informative sign, telling of an early day cemetery across the river, and another, telling of the Wedding of the Waters. Bounded by agricultural lands to the west and east, scenic Wind River Canyon to the south and a residential area to the north, uses should remain similar to the present. The area to the east could be used for a low profile commercial development, such as a campground.
   
4. 
   Cedar Mountain – This area lies just east of Cowboy Mine Road (County Road #13) and north of the Black Mountain Road (Wyoming Highway 172) extending north into Washakie County. Inhabited by wildlife and used for grazing, the area is an arid mountain cut by gullies and ravines and shows many characteristics of badlands. It has been popular over the years for recreation and hunting. Approximately six sections, which lie in Hot Springs County, along with additional lands in Washakie County, have been recommended by the Bureau of Land Management for wilderness designation. Grazing would still be allowed, however. Those uses should continue. Adjoining lands are used for agricultural purposes and that use too, should continue.
   
5. 
   Big Horn River – From the Wedding of the Waters, north to the Washakie County line, the river is considered to be a Class I and II fishing stream. With the exception of periods of high water runoff or floods down tributary streams, the river runs clear. There are several Game and Fish easements on both sides of the river, which provide fishing and bird hunting access. The riparian areas along the river provide an abundance of cover for birds of all types and small game. The river itself has an abundance of food for fish and waterfowl. During periods of good weather, fishermen and boaters are common along and on the river. In the fall, hunters of ducks and geese can frequently be founds. This river provides many days of recreational activity. It seldom freezes over in winter, so fishing can be pursued on mild winter days. The access points and current uses of the river and its riparian zones, for recreation, should continue. There is little interference by these recreational uses, with the agricultural or municipal uses of the river.
   
6. 
   H Diamond W 4-H Camp – Hot Springs and Washakie Counties have constructed a camp for 4-H youth on Grass Creek near the forest boundary. The camp is also leased by other groups for use during the summer. It is located in Section 15, T45N, R101W. The surrounding area is used for grazing. There is also some petroleum production in nearby sites. The recreational use of the camp and the agricultural use of the surrounding lands should continue.
   
7. 
   Shoshone National Forest – Located in the western end of the County, the forest has three primary uses. They are grazing, timber harvest and recreation, especially big game hunting. There has also been some mineral exploration, principally for petroleum. With the acquisition of the road up Grass Creek by the County, it can be expected that recreational uses of the forest may increase. Current uses of the land should continue, with the multiple use concepts at the forefront of the manager’s agenda. There appears to be no need for commercial development and no need for additional cabin sites within the area.
   

CHAPTER FOUR
PERMITS
4-1 Permit requirements for Hot Springs County.
4-2 Permit conditions.
4-3 On-site inspections.
4-4 Non-conforming use.
4-5 Fast track permit.
4-6 Land use change and subdivision permits.
4-7 Investigatory powers.
4-8 Enforcement.
4-9 Penalties.

4-1 Permit requirements for Hot Springs County. The following permits are required in connection with various types of development within the County.

1. 
   Land Use Change Permits: Required for any type of land use change; agricultural to residential, industrial or commercial, residential to industrial or commercial, etc. Applications are available through the County Planner’s Office.
   
2. 
   In Home Occupation Permit: Required for all in home occupations/businesses. Applications are available through the County Planner’s Office.
   
3. 
   Subdivision Permits: Required for all subdivision projects as defined by Wyoming State Statutes §18-5-302. (a) vii, 2001 Edition and §2-46 herein. Applications are available through the County Planner’s Office
   
4. 
   Solar Access Permits: Solar access permits are available from the County Planning Office. Such permits are not required, but are recorded to protect solar property rights in accordance with W.S. §34-22-101.
   

4-2 Permit conditions. Conditions may be imposed on the issuance of any permit and will be clearly stated in the Decision Record.
4-3 On-site inspections. The filing of an application for a permit constitutes permission for the staff, Commission or Board, or their designee, to conduct inspections of the proposed development site.
4-4 Non-conforming use. A land use existing on or after February 7, 1978, not permitted under this Land Use Plan and not conforming to the standards established herein.

1. 
   Non-conforming uses may continue subject to the restrictions imposed by this Section. Non-conforming uses may be changed to conforming uses by the procedure provided in this Permit System, for any new use change.
   
2. 
   If active and continuous use of a non-conforming use is not maintained during any continuous period of three years, the non-conforming use shall be considered abandoned and future use of the building or parcel of land shall comply with the standards set forth herein. Application for a two-year extension may be made once, in writing, prior to the expiration of the three-year period. Intent to resume occupancy will not affect this provision.
   
3. 
   A non-conforming use damaged or destroyed by fire or a similar calamity may be restored to its original condition if the restoration is begun within six months and completed within one year.
   
4. 
   Non-conforming uses may be altered structurally, repaired or enlarged in any way that does not increase their degree of non-conformity with the standards set forth in this resolution. No non-conforming use shall be enlarged by more than 25%.
   

4-5 Fast track permits. Required for all new commercial, industrial or institutional uses within platted subdivisions and all new home occupations. Fast Track permits are zoning certificates as authorized by W.S. §18-5-203. This permit procedure allows for rapid review of minor developments within the constraints of law. The authority to issue or deny a permit cannot be delegated to the staff or Commission, but the actual review and evaluation of a proposed development can be delegated. The Board will make all final approval or denial of permit applications. Application procedures are as follows:

1. 
   Application Fee: None.
   
2. 
   Pre-application conference. The application may be filed by the developer after a pre-application conference with the staff. The developer shall submit a sketch plan as the basis for discussion at the conference. The sketch plan need not be prepared by a professional architect or engineer but it must be drawn to scale with a north-indicating arrow and will illustrate the following:
   

1. 
   All existing and proposed structures.
   
2. 
   Property lines of proposed development.
   
3. 
   Utility easements, lines and pipelines.
   
4. 
   Existing and proposed roads.
   
5. 
   Streams, ponds and other bodies of water.
   
6. 
   Irrigation structures and drainage structures.
   
7. 
   Significant or prominent natural features.
   
8. 
   Topographic contours from available information such as U.S.G.S. Maps.
   
9. 
   A map showing general soil types in the area of concern.
   
10. 
    Owners of adjoining land and their current land uses.
    

3. 
   Application. Within six months after the pre-application conference, the developer may file an application with the staff. Applications shall be filed on the forms adopted by the Planning Commission and approved by the Board. Incomplete applications shall be returned without action to the developer. Applications must be filed at least three days before a scheduled hearing.
   
4. 
   Public hearing. The staff will conduct a public hearing to review the application at the next regularly scheduled or special meeting of the Planning Commission. The developer shall be required to publish notice of the hearing, at his/her expense, at least once prior to the date of the hearing, in a newspaper of general circulation in Hot Springs County. The staff will submit a report to the Commission rating the development with regard to compliance or noncompliance with the absolute and relative policies as well as specific findings of fact and conclusions of law. The Commission shall review and vote on the application at the conclusion of the public hearing and make appropriate recommendations to the Board.
   
5. 
   Presentation to the Board. The staff shall present the application, report and the Commission’s recommendations to the Board at the next regularly scheduled Board meeting or as soon thereafter as reasonably possible. If the Board finds that the proposed development complies with each of the absolute policies and scores “0” or higher on the relative policies, the Board shall issue a permit. If it does not comply with each absolute policy or does not score “0” or higher on the relative policies, the Board shall not issue a permit.
   
6. 
   Decision record. A copy of the Decision Record will be transmitted to the developer by the staff within five days of the Board’s decision.