Wyoming Bulk Transmission Land Access(3-WY)
A Non-roadway Easement would be required to obtain an easement on state land for a transmission line. The (OSLI) is the state agency responsible for granting non-roadway easements and temporary use permits on state lands. Applications are submitted to the the Board of Land Commissioners (Board), comprised of the five elected officials that oversee such authorizations. The application would require information such as structure dimension and lease payment amount. Seventy-five percent of the 'consideration' or total lease amount must be submitted up front. 
After the permit is submitted, the OLSI state would give a preliminary approval, which may include an approval after negotiations on the easement. The staff would create a summary for the board, including lease payment. The request then goes to the Board to be approved. A $25.00 filing fee is submitted with the completed permit application. The Board meets every other month and the permit application would be approved or denied at the meeting. The applicant has one year to build the project after approval. If the project is not constructed within the one year time frame, the project proponent would need to submit a letter stating why it was not built and requesting an extension. An as-built survey would be required, in accordance with survey rules. The remaining amount of the lease would be paid after construction.
A Utility Permit from Wyoming Department of Transportation (WYDOT) would be required for the installation of associated electric transmission facilities on a state highway within the ROW. Each permit application must contain a description, including dimensions, of the proposed utility installation and a detailed plan or sketch showing the physical placement of the utility with relation to highway features (State of Wyoming 2007).
Permit requirements, a sample application, and [WYDOT contacts] can be found on their website. Contacts for the utility permit would depend on the district where the work is proposed.
The local regulatory authorities include counties and incorporated city governments within the state of Wyoming. Transmission line projects that incur a construction cost of $190.8 million or more and are 160kV or more are under the permitting jurisdiction of the state; however, local government permitting requirements may apply. If the Wyoming Public Service Commission or the Wyoming Department of Environmental Quality/Industrial Siting Council has jurisdiction over a transmission project within the state, either has the authority to preempt local decisions regarding transmission siting and construction. Wyoming has 23 counties and 99 incorporated municipalities and the requirements and permits needed for construction of an electric transmission line vary by county and municipality. Some or all of the following elements as they relate to land access may be necessary:
- Above and below ground utility permit
- Road access permit
- Road maintenance agreement
- County building permit
- ROW permits
- Conditional Use Permit/Special Use Permit
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|State Land Right of Way Agency:||Wyoming Office of State Lands and Investments|
|State Land Right of Way Process:||Developers of transmission projects crossing state lands must obtain a non-roadway easement from the Wyoming Office of State Lands and Investments. Applications for non-roadway easements and temporary use permits are submitted to the Board of Land Commissioners.|
|State Highway Right of Way Agency:||Wyoming Department of Transportation|
|State Highway Right of Way Process:||Developers of transmission lines within a state highway right-of-way must submit a Utility Permit application to the Wyoming Department of Transportation.|
|Eminent Domain:||"Any person, association, company or corporation" may exercise the power of eminent domain to acquire "a way of necessity" for construction and maintenance of transmission lines. The way of necessity shall not exceed "100 feet in width on each side" of the transmission lines. Wyo. Stat. Ann. § 1-26-815.|
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List of Reference Sources
- Rules and Regulations Board of Land Commissioners - Chapter 3 (2015). (7)(b)
- W.S. 37-2 (2013). 112