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Lincoln County approves several simple subdivisions amid questions over traffic counts and water-right review
Summary
The board approved multiple subdivision files (Elysian Landing, Lever Springs, Randall Rees, Eames) while public comment and the surveyor raised questions about traffic counts, right-of-way markings and whether water-right review by the State Engineer should apply to simple subdivisions.
The Board of Lincoln County Commissioners approved several subdivision actions during its July 7, 2021 session, including File 205 MS 21 (Elysian Landing Subdivision), File 413 SS 21 (Lever Springs), File 415 SS 21 (Randall Rees) and File 416 SS 21 (Eames), and authorized a developer agreement to secure installation of required improvements.
Steve Johnson, Planning Director, presented the Elysian Landing recommendation. County Engineer Amy Butler reported two traffic counts on Lancaster Lane that yielded different results — one device showed an average daily traffic (ADT) of 123 (possibly influenced by mailbox locations) while a second showed 24 ADT; Butler said there is no crash history on the road and that some right-of-way markers are present. Road and Bridge Superintendent Matt McCloud said signs and patching will be done shortly.
Surveyor Marlowe Scherbel and resident Cynthia Clark disputed whether the record should treat the Elysian Landing filing as a minor subdivision rather than a simple subdivision and raised questions about water rights and impact reporting. Marlowe Scherbel cited county practice and ledgers and invoked Wyoming statute 18-5-306(a) to argue the commission can reduce requirements for simple subdivisions; he also defended his firm’s record and objected to public comments he described as slanderous. Cynthia Clark urged the commissioners to consider State Engineer recommendations and potential water impacts to neighboring properties.
Commissioners approved the listed subdivision files with stated findings and conditions. The minutes record the approvals and related conditions but do not include state-level approvals for water rights; county staff and surveyor comments indicate county regulations treat these filings as simple subdivisions for which State Engineer approval is not required under county practice, although the board noted receipt of a letter from the State Engineer raising questions.
