Bill No.: SF0040                  Drafter:  IDS

LSO No.:  10LSO-0024              Effective Date:  7/1/2010

Enrolled Act No.:  SEA0041

Chapter No.:

Prime Sponsor:     Senator Cooper

Catch Title:       Establishment of highways.

Subject:  Designation of highways.

Summary/Major Elements:

· Until 1976, federal law R.S. 2477 recognized the authority of counties to regulate roadways on federal lands if the roadway was adopted as a county road under Wyoming's 1926 law, W.S. 24-1-101.  R.S. 2477 was repealed in 1976, but contained clauses preserving the counties' regulatory powers over all "valid" rights of way "existing on the date of approval of the [FLPMA]."  The FLPMA is the law which replaced R.S. 2477 and which withdrew the authority of counties to regulate county roads on federal property, unless previously regulated pursuant to R.S. 2477. 

· This legislation amends W.S. 24-1-101(a) which is the law that defines and establishes public roadways in Wyoming.  The law is amended to declare as public roadways, "roads located on federal public lands prior to October, 1976 which provide access for a private residence or agricultural operation."  Such roadways must be accepted by the board of county commissioners where the road is located prior to being considered a public roadway.

· This legislation attempts to bring under county control various Wyoming roadways that are currently being regulated by the B.L.M and other federal agencies.