The Appropriations Committee approved Senate File 40 on a unanimous roll call, changing how cities and towns treat zoning protest petitions and the distances and ownership thresholds that trigger petition rights.

Senate File 40 revises the protest-petition provisions for municipal zoning matters so that a protest may be filed only by owners who can demonstrate a “concrete and particularized harm” and who either own a specified share of the lots included or who comprise a specified share of owners within a set distance of the affected property. Committee amendments reduced the ownership/owner-count threshold from the bill’s 50% to 33% and shortened the notification distance from 500 feet in the draft to 300 feet. Committee members voted the bill out on a roll call with all five committee members recorded as “aye.”

Supporters told the committee the measure aims to prevent a small number of objectors from blocking housing projects while preserving a meaningful protest right. Mike Martin of Cheyenne, who served on the regulatory reduction task force that produced the draft, said, “I’m here to support the bill.” Cindy Delancey, also a task-force member, told senators the change would not apply retroactively: “this only applies to protests filed on or after July 1st.” Several industry and local-government witnesses — including Dan Dorsch of the Southeast Wyoming Builders Association, Bob McLaren of the Wyoming Association of Municipalities and Randy McKay of the Wyoming Business Alliance — also testified in favor, saying the change would reduce instances where a small number of protests require supermajority votes and can stop housing projects.

Opponents and some committee members urged caution on private property–rights grounds and sought compromise on exact thresholds. Senator Larson moved several amendments: lowering the ownership threshold to 33% (which the committee adopted), proposing a higher legislative-vote threshold (later withdrawn), and reducing the notification radius to 300 feet (also adopted). During debate, Senator Driscoll emphasized the tension between landowner control and the need for new housing in some counties.

The bill text adopted in committee retains the requirement that any change be effective only upon the affirmative vote of a majority of all members of the relevant governing body. It also preserves the bill’s aim — stated by the task-force members who drafted it — to make it harder for a single landowner or a small minority to exercise a veto that can block subdivision or multifamily development.

The committee recorded no fiscal impact discussion in the hearing record. With committee passage, the bill advances to the next floor step.

Votes at a glance

- Committee vote on Senate File 40 final: Senators Driscoll, Garou, Larson, Smith and Chairman Salazar — Aye (5 ayes).