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Commission approves Fertile conservation subdivision after neighbors cite well, fence and road worries
Summary
After a lengthy public hearing with neighbors raising water-supply losses, fence disputes and road safety concerns, the board approved the Fertile Minor Conservation Design Subdivision and a related variance; approval included multiple conditions and a required fencing agreement.
The Board of County Commissioners voted Aug. 5 to approve the Fertile Minor Conservation Design Subdivision (CD-25-001) after an extended public hearing that focused on water wells, fencing disputes and county-road safety.
Planner Mark Reed and consultant representatives said the application proposes three residential lots and two conservation lots, conserving roughly 95 acres (about 78% of the parcel). The planning and zoning commission recommended approval with conditions and a requested variance for an access road across a conservation lot.
Neighbors said they were surprised by the application and reported reduced well yields after recent drilling nearby. Melinda Fairbanks said her family’s well output dropped significantly after others drilled wells nearby: “When they put in their 2 wells for the 2 properties ... it decreased our output by half.” Commissioners referenced a Wyoming DEQ Chapter 23 study; staff reported DEQ had provided a “non adverse recommendation.”
Fencing between properties was another central issue. Al Belish and others asked the developer to work with neighbors to restore a longstanding fence that had moved off the line, and planning staff added a condition requiring a written agreement addressing the Bellish letter dated June 29, 2025. Applicant Joe Farrow said 95 acres would be preserved in conservation and offered to work with neighbors on the fence.
The board first approved the variance allowing the access road to cross a conservation lot, then approved the subdivision with the recommended conditions (including engineered road/access work, recorded conservation declarations and a fencing agreement), with commissioners noting public concerns but ultimately voting in favor to protect private property rights while imposing conditions intended to mitigate neighbor impacts.
