Leasing Generally

Wyo. Stat. Ann. tit. 36, ch. 5

in effect

Wyo. Stat. Ann. § 36-5-101 Qualifications of lessees; lease terms; rental.

(a) No person shall be qualified to lease state lands unless that person has reached the age of majority, and is a citizen of the United States, or has declared an intention to become a citizen of the United States. No person or legal entity shall be qualified to lease state lands unless he or it has complied with the laws of this state and is authorized to transact business in this state. (b) The rental of any lease awarded shall be based on an economic analysis and shall reflect at least the fair market value for the same or similar use of the land based upon a formula adopted by the board using the following criteria: (i) Readily available data averaged over an adequate number of years to remove any radical fluctuations; (ii) Factors which reasonably reflect the true market value of state leases; (iii) Parameters within which the board can be responsive to changing resource conditions, market demand and industry viability; (iv) Factors which reasonably reflect the contributions made by the lessee.

Wyo. Stat. Ann. § 36-5-102 Maximum term of agricultural or grazing lease.

No lease for agricultural or grazing purposes shall be issued for a term of more than ten (10) years.

Wyo. Stat. Ann. § 36-5-103 Application for lease; cancellation of application.

Any person, firm, association or corporation desiring to lease state lands for agricultural and grazing purposes shall file with the director an application on the form approved by the board, which must be accompanied by the regular filing fee and payment acceptable to the director for the full amount of the first year's rental offered. If there are improvements owned by another located upon said lands, the applicant must also transmit in the manner above provided, the estimated amount of the value of the improvements as listed in his application, and in the event the successful applicant fails, refuses or neglects to complete the lease awarded, or otherwise fails, refuses, or neglects to comply with the provisions of this act, or the rules and regulations of the board, after having been given thirty (30) days notice by registered mail, the application shall be cancelled and the sum remitted as rentals and twenty-five percent (25%) of the sum remitted for improvements shall be retained by the board as liquidated damages; and the sum paid as rental shall be paid by the director to the state treasurer and credited by him to the proper permanent land income fund account, and the sum paid for improvements shall be credited to the general fund.

Wyo. Stat. Ann. § 36-5-104 Time for filing renewal applications; cure process and timeline; conflicting applications; grace period.

(a) All applications to lease grazing and agricultural lands under outstanding leases must be filed in the office of state lands and investments not earlier than one hundred twenty (120) days prior to, and not later than sixty (60) days prior to the expiration date of the existing lease. For the renewal of outstanding leases for grazing and agricultural lands under this subsection, the office of state lands and investments shall have the following duties: (i) The office shall provide notice by certified mail to all existing lessees of the expiration of their leases not earlier than one hundred twenty (120) days prior to the expiration of the lease; (ii) The office shall provide notice of a missing or deficient application for lease renewal to the lessee not later than forty (40) days before the expiration of the existing lease. The notice required by this paragraph shall: (A) Be made by certified mail unless an equally effective, alternative form of delivery is approved by the office for the particular lessee to whom notice will be delivered; (B) Identify the deficiencies in the application for lease renewal or provide notice that no application for renewal has been filed; (C) Provide the lessee not less than thirty (30) days from receipt of the notice to file a lease renewal application or to remedy all deficiencies in the lessee's renewal application; (D) Provide notice that the lessee's failure to submit a renewal application or to remedy all deficiencies in the lessee's renewal application before expiration of the lease may result in the leased lands becoming vacant. (b) Any conflicting application to lease grazing and agricultural lands under any existing lease shall be filed in the office of state lands and investments not earlier than one hundred twenty (120) days prior to, and not later than, ninety (90) days prior to the expiration date of the existing lease. Upon receipt of a conflicting lease application the office of state lands and investments shall notify the current lessee via certified mail that a conflicting lease application has been received and shall provide the current lessee not less than thirty (30) days from receipt of notice to file a lease renewal application together with payment of the first year's rental that meets the highest bid offered by another qualified applicant as provided in W.S. 36-5-105(c). For renewal of outstanding leases for grazing and agricultural lands under this subsection, the office of state lands and investments shall have the following duties: (i) The office shall provide notice of a deficient application for lease renewal to the lessee not later than ten (10) days after the filing of a lease renewal application by an existing lessee. The notice required by this paragraph shall: (A) Be made by certified mail unless an equally effective, alternative form of delivery is approved by the office for the particular lessee to whom notice will be delivered; (B) Identify the deficiencies in the application for lease renewal; (C) Provide the lessee not less than twenty (20) days from receipt of the notice to remedy all deficiencies in the lessee's renewal application; (D) Provide notice that the lessee's failure to remedy all deficiencies in the lessee's renewal application may result in the rejection of the application. (c) For good cause shown and at the written request of the current lessee, the director shall grant a current lessee thirty (30) additional days past the expiration date of their existing lease to submit an application to renew the lease.

Wyo. Stat. Ann. § 36-5-105 Criteria for leasing; preferences; assignments, subleases or contracts; lands taken for war purposes; mineral lands excepted; agricultural lands.

(a) All state lands leased by the state board of land commissioners, for grazing and other agricultural purposes shall be leased in such manner and to such parties as shall inure to the greatest benefit to the state land trust beneficiaries. (b) No applicant shall be qualified to lease vacant lands unless that applicant is qualified under the provisions of W.S. 36-5-101, has or can gain access to the land and offers to pay an annual rental at not less than fair market value, as determined by the economic analysis pursuant to W.S. 36-5-101(b), for the same or similar use of the land for a period of ten (10) years and who has not been found to have significantly violated any laws or regulations related to state lands. Also in leasing vacant lands: (i) Preference shall be given to applicants who are the owners, lessees or lawful occupants of adjoining lands, unless the board determines that the preference should not be recognized for good cause. The preference shall be administered as set forth in this paragraph: (A) In instances where one (1) applicant is eligible for the preference and a competing bidder is not, the applicant eligible for the preference may elect to meet the highest bid of the applicants not eligible for the preference; (B) When two (2) or more applicants are eligible for the preference, in determining to which applicant to award the lease, the director shall request a final bid from the applicants eligible for the preference in a manner as directed by the director to determine the successful applicant; (C) When two (2) or more applicants are eligible for the preference and one (1) or more applicants are not eligible for the preference, those applicants who are eligible for the preference may elect to match the highest bid. If two (2) or more applicants who are eligible for the preference elect to meet the highest bid, the lease shall be awarded pursuant to subparagraph (B) of this paragraph. (ii) Before accepting applications to lease vacant land, the director shall provide notice on the website of the office, directly to each adjoining private landowner as recorded within the county assessor's office and by any other means as prescribed by rule; (iii) If the board determines good cause exists not to recognize a preference under paragraph (i) of this subsection, the board shall issue written notice to the applicant who is not being given a preference. The notice shall include the board's statement of good cause not to recognize the preference and the opportunity to request a hearing to appeal the determination in accordance with the Wyoming Administrative Procedure Act. The board shall have the burden to demonstrate the good cause not to recognize the preference; (iv) As used in this subsection: (A) "Preference" means the elevated position of an applicant to participate in the vacant land bidding process as described in paragraph (i) of this subsection above applicants who are not the owners, lessees or lawful occupants of adjoining lands in good standing with the board; (B) "Vacant land" means land not currently subject to a grazing and agricultural lease from the board. (c) An applicant who is the holder of an expiring lease, and has paid the rental when due, and is not currently in violation of the provisions of the lease, and is qualified under the provisions of W.S. 36-5-101, shall have a preferred right to renew such lease by meeting the highest bid offered by another qualified applicant whose bid is not less than the minimum fair market value as determined by the board for the same or a similar use of land using the formula developed pursuant to W.S. 36-5-101(b) and not more than one hundred twenty percent (120%) of the maximum fair market value as determined by the board based on the previous year's values for the state, district or county, whichever is most localized and available, as determined by the national agricultural statistics service utilizing: (i) The private land lease rate per animal unit month for Wyoming grazing leases; or (ii) The private land irrigated or nonirrigated cropland lease rate, as applicable, for Wyoming cropland leases on irrigated or nonirrigated cropland; and (iii) A downward adjustment of twenty percent (20%) to reasonably reflect lessee contributions typically provided as a part of a private land grazing lease rate or a private cropland lease rate, as applicable. (d) If the lessee of state lands shall assign, sublease or contract all or any part of the lease area, the lease shall be subject to cancellation unless the director approves the assignment, sublease or contract subject to criteria established by the board of land commissioners provided that: (i) Approval shall not be arbitrarily or unreasonably withheld; (ii) All action upon each application shall inure to the greatest benefit of state land trust beneficiaries; (iii) In no event shall the lands be subleased unless one-half (1/2) of the excess rental is paid to the state. For purposes of this paragraph, "excess rental" means the amount of money received from the sublease by the lessee is in excess of the current annual grazing and agricultural lease rental. "Excess rental" shall be calculated by identifying the total money received for only the use of leased or subleased state lands and subtracting the annual lease rental; (iv) A lessee of state lands whose lease authorizes grazing on the state lands shall not be required to obtain the approval of the director to allow livestock the lessee does not own to graze on the state lands provided that: (A) Repealed by Laws 2026, ch. 22, § 2. (B) Repealed by Laws 2026, ch. 22, § 2. (C) Repealed by Laws 2026, ch. 22, § 2. (D) Notice of the presence of livestock not owned by the lessee shall be given to the board on a form provided by the office of state lands and investments not more than thirty (30) days after the arrival of the livestock on the leased land; (E) In addition to the annual rental amount, the lessee shall pay a monthly fee per head of non-owned livestock which shall be established by the board and shall not exceed fifty percent (50%) of the annual animal unit month rental rate. The payment shall be made to the board not later than thirty (30) days after the removal of the non-owned livestock. For purposes of this subparagraph, "animal unit month" means as defined by W.S. 41-3-116(a)(ii). (v) Repealed by Laws 2026, ch. 22, § 2. (vi) Repealed by Laws 2026, ch. 22, § 2. (e) Repealed By Laws 2007, Ch. 111, § 2. (f) Provided further, that whenever any state owned lands have been or may hereafter be condemned or acquired by the United States for war purposes and whenever said lands may hereafter be reconveyed to the state of Wyoming by the said United States or any department thereof, then in such event the state board of land commissioners shall give preference to the lessee holding said lands at the time of the taking of said lands by the said United States or any department thereof. (g) Provided further, that this act shall not be applicable to the leasing of state mineral lands under the provisions of W.S. 36-6-101 through 36-6-105, as amended. (h) As used in subsection (c) of this section, "preferred right" means the right to renew a lease provided to an existing holder of a grazing and agricultural lease by the board if the existing lease holder is in compliance with subsection (c) of this section. (j) No applicant shall be qualified to lease state lands for grazing and agricultural purposes without having actual and necessary use of the land for the production of agricultural commodities. (k) If at any time a state grazing lessee notifies the office that the common ownership of the entities holding the state grazing lease and owning the livestock grazing on the state grazing lease is not less than eighty percent (80%), a sublease or a non-owned livestock fee shall not be required.

Wyo. Stat. Ann. § 36-5-106 Richard Bridge historical park; Oregon Trail State Veterans' Cemetery buffer zone; veterans' home and skilled nursing facility buffer zone.

(a) The state board of land commissioners is hereby authorized, if after investigation and study the board deems it to the best interest of the state of Wyoming, to enter into a lease agreement with the town of Evansville, Wyoming, for a portion of the land belonging to the state of Wyoming lying south of the centerline of the North Platte River in section 36, township 34 north, range 79 west of the sixth principal meridian, Natrona county, Wyoming. The lease authorized herein shall contain a clause restricting the use of the leased property to historical landmark, park, recreation, museum and municipal purposes. The land leased shall be known as Richard Bridge historical park. (b) The state board of land commissioners is hereby authorized to enter into a lease agreement for the portions of land belonging to the state of Wyoming in Natrona county, Wyoming, one (1) portion of land described as follows: the NW ¼ of the NW ¼ and the NE ¼ of the NW ¼ and part of the NW ¼ of the NE ¼ and part of the SE ¼ of the NE ¼ and part of the SW ¼ of the NE ¼ and part of the SE ¼ of the NW ¼ and part of the SW ¼ of the NW ¼ and part of the NE ¼ of the SW ¼ and part of the NW ¼ of the SE ¼ and part of the NE ¼ of the SE ¼ and part of the SE ¼ of the SE ¼ of section 36, township 34 north, range 79 west, also known as all lying north of the centerline of the North Platte river except 115.998 acres in the NE ¼, containing 266.34 acres, and one (1) portion of land located and being a portion of lot 1 in the NW ¼ of section 31, township 34 north, range 78 west containing 19.63 acres. The state lands described in this subsection shall not be otherwise disposed of, and any lease authorized herein shall contain a clause restricting the use of the leased property to grazing purposes only so long as the Oregon Trail State Veterans' Cemetery exists in the adjacent location. The land leased shall be known as the Oregon Trail State Veterans' Cemetery buffer zone. (c) The state board of land commissioners is hereby authorized to enter into a lease agreement for the portions of land belonging to the state of Wyoming in Johnson county, Wyoming, described as follows: in township 50 north, range 82 west of the sixth principal meridian part of the NE ¼ of the NW ¼ of section 3, the N ½ and SW ¼ and NW ¼ of the SE ¼ and part of the NE ¼ of the SE ¼ and part of the SW ¼ of the SE ¼ of section 4 and the E ½ of section 5 and in township 51 north, range 82 west of the sixth principal meridian part of lot 7, part of lot 8 and part of lot 6 of section 34, containing 941.74 acres more or less. The state lands described in this subsection shall not be otherwise disposed of, and any lease authorized herein shall contain a clause restricting the use of the leased property to grazing purposes only so long as the veterans' home of Wyoming and the Wyoming veterans' skilled nursing facility exist in the adjacent location. The land leased shall be known as the veterans' home and skilled nursing facility buffer zone.

Wyo. Stat. Ann. § 36-5-107 Preference in granting leases on exchanged lands.

The holder of a lease of any school, state or institutional land that is offered for exchange under section 8, of the Taylor Grazing Act, shall have preference to lease the land received in such exchange.

Wyo. Stat. Ann. § 36-5-108 Even rental offers.

If two (2) or more qualified applicants under W.S. 36-5-101 shall offer the same annual rental for the same lands, and such offers are the highest offers received and are equal to or above the minimum rental fixed by the board, and no preferred right exists in the old lessee, or if the old lessee does not exercise the preferred right, the director shall grant the lease to the applicant holding title to lands nearest to the lands applied for. When a preferred right exists in the old lessee under the provisions of this act, the old lessee shall be given fifteen (15) days notice by registered mail, and if he fails or refuses to file his acceptance together with the balance of the rental due for the first year, within the time specified, the lease shall be awarded automatically to the applicant offering to pay the highest annual rental, or in the event of even offers, shall be disposed of as hereinbefore provided. As used in this section, "preferred right" means as defined in W.S. 36-5-105(h).

Wyo. Stat. Ann. § 36-5-109 When rental due; procedure upon failure to pay.

Upon notice provided not less than sixty (60) days before the anniversary date of a lease, all rentals accruing to the state by virtue of this act, except those for the first year, shall become due and payable at the office of state lands and investments on the anniversary date of the lease. If the rent is not paid on the anniversary date, the office shall again notify the lessee or the lessee's authorized agent by certified mail that the lease may be cancelled if the rent and a late fee equal to ten percent (10%) of the annual rental is not received within thirty (30) days following the date of the certified notice. If the lease is cancelled, the office shall as soon as possible thereafter, advertise the lands in the county where located, as vacant and subject to lease.

Wyo. Stat. Ann. § 36-5-110 Right to make and remove improvements.

(a) A lessee of state lands shall have the right to construct or make improvements upon state lands in an amount not to exceed four thousand dollars ($4,000.00) per section for each separate improvement, without first obtaining permission. If the lessee or any other person desires to construct or make improvements upon state lands in excess of the value of four thousand dollars ($4,000.00) per section for each separate improvement, he shall file an application for permission to construct or make the improvements with the director, which shall be subject to allowance or rejection as the best interests of the state require. The director shall have authority to grant permission to construct improvements in excess of four thousand dollars ($4,000.00) per section for each separate improvement for fencing, water development, livestock handling facilities and range enhancements. Any other improvement in excess of four thousand dollars ($4,000.00) per section for each separate improvement shall be applied for under a special use permit. Unless permission has been obtained in the manner provided by this section or the improvement has been registered as provided in subsection (b) of this section, the owner of any improvement in excess of the value of four thousand dollars ($4,000.00) per section at the time of construction of the improvement shall not be entitled to compensation therefor as provided by W.S. 36-5-111 and 36-9-105, and upon the expiration of the lease the improvement shall forfeit to and become the property of the state; except, that within one hundred twenty (120) days from the date of the expiration of the lease, the owner may remove the improvement in a manner that minimizes injury to the land. (b) Notwithstanding subsection (a) of this section, a lessee of state lands may register all improvements made upon state lands which were made prior to June 30, 2010, with or without prior approval by the director. Improvements registered under this subsection may include improvements for which approval was not applied for pursuant to subsection (a) of this section. Improvements for which permission was denied under subsection (a) of this section shall not be eligible for registration under this subsection. Registrations under the provisions of this subsection shall be made not later than June 30, 2014. Improvements registered under this subsection shall be entitled to compensation therefor as provided by W.S. 36-5-111 and 36-9-105.

Wyo. Stat. Ann. § 36-5-111 Payment for or removal of existing improvements.

Any applicant applying to lease state lands upon which there are fences, buildings, reservoirs, ditches, dams, wells, or other improvements of any kind, belonging to or made by another, or for which water rights or proportionate interests in irrigation reservoirs, canals, or systems, have been acquired, shall before receiving the lease, pay to the director for the use and benefit of the owner or maker of any improvements at the time of the execution of the lease, the current market value of the improvements unless a different value is agreed to between the owner of the improvements and the applicant thereof as finally determined by the board in accordance with its rules and regulations. Alternatively, the owner of the improvements shall, upon giving notice to the director in writing within the time fixed by board rule and regulation, have the right to remove those improvements in a manner which minimizes injury to the land; provided, that the improvements be removed within a period of one hundred twenty (120) days from the date of the expiration of the lease. For purposes of this section, "current market value" means the replacement value of the lessee's improvement at the time of transition of the lease, after the remaining useful life of the improvement is considered.

Wyo. Stat. Ann. § 36-5-112 Form and execution of lease; bond.

The general form of grazing and agricultural lease upon state lands shall be prescribed by the board and shall be signed by the director on behalf of the state. Except in cases where the board deems necessary, leases shall be issued without bond.

Wyo. Stat. Ann. § 36-5-113 Cancellation of leases.

The board shall have the power and authority to cancel leases procured by fraud, deceit or misrepresentation, or for use of the lands for unlawful or illegal purposes, or for the violation of the covenants of the lease, upon proper proof thereof.

Wyo. Stat. Ann. § 36-5-114 Leasing for industrial, commercial, residential and recreational purposes; authority; rental fees; rules and regulations.

(a) The board of land commissioners may lease for a term of not more than seventy-five (75) years state lands for industrial, commercial and recreational purposes. (b) The board may lease state lands for purposes which shall bring about the compatible use of the surface area and shall inure to the greatest long term benefit of the state land trust. Provided, however, that nothing herein contained shall result in the substantive impairment of existing leases or the preferential right to the renewal thereof. (c) The board shall fix a rental value based upon not less than the fair market value of each use of the land. If the land to be leased under this subsection was originally acquired by the state for the benefit of the common school permanent land fund, and is to be used by a Wyoming school district for the construction and maintenance of school buildings and facilities, the board may assess an annual rental fee of one hundred dollars ($100.00) per acre or not less than fair market value, whichever is less. (d) The board shall promulgate rules and regulations implementing policies, procedures and standards for the long-term leasing of state lands for industrial, commercial and recreational purposes under the provisions of W.S. 36-5-114 through 36-5-117, including provisions requiring compliance with all applicable land use planning and zoning laws and permitting the board to terminate a lease for good cause shown. When the office of state lands and investments initiates a request for a proposed leasing of state lands, the office shall require not less than thirty (30) days notice be provided: (i) On the website of the office of state lands and investments; (ii) In a newspaper of general circulation in the county or counties where the state lands are to be leased; and (iii) To current lessees of the state lands and owners of adjoining lands by certified mail.

Wyo. Stat. Ann. § 36-5-115 Leasing for industrial, commercial and recreational purposes; "recreational purposes" defined.

As used in W.S. 36-5-114 through 36-5-117 the term "recreational purposes" means land used for cabin sites, public camp sites, public parks and recreation areas, golf courses and any associated residential development, youth groups and ski or winter sports areas.

Wyo. Stat. Ann. § 36-5-116 Leasing for industrial, commercial and recreational purposes; assignment or transfer.

Leases issued under the provisions of W.S. 36-5-114 through 36-5-117 shall not be assignable or transferable except with written consent of the board of land commissioners.

Wyo. Stat. Ann. § 36-5-117 Lessee's liability.

(a) A state lands lessee's liability to users of those lands is limited as specified in W.S. 34-19-101 through 34-19-107. A state lands lessee's liability to users of improvements upon those lands is limited to the same extent, provided that: (i) The improvement is properly authorized under W.S. 36-5-110 or has otherwise been authorized by the board of land commissioners; and (ii) The lessee did not charge the user to use the improvement.

Wyo. Stat. Ann. § 36-5-118 Renewal of state land leases and rental payments.

All state land lease renewal applications and rental payments required under this act that are submitted using a mail service shall be deemed filed on the date of the postmark stamped on the envelope in which the renewal application or rental payment is mailed.

Source: Public.Resource.Org WY StatutesURL: https://unicourt.github.io/cic-code-wy/transforms/wy/ocwy/r78/gov.wy.code.title.36.htmlFetched: 6/28/2026