Current through September 21, 2024
(a) In considering
designations, the Council shall follow a two-tiered review process. First, the
Council must determine whether the area is eligible for designation by virtue
of the existence of one or more of the particular values specified in the
statute. Secondly, the Council must determine whether any particular value that
is found to exist is very rare or uncommon.
(b) For an area to be eligible for
designation, the Council must make an initial finding that the area at issue
possesses particular historical, archaeological, wildlife, surface geological,
botanical or scenic value. For purposes of making the initial finding, or
refusing to make the initial finding, the Council shall consider the
significance and the weight of all specifically identified factors that are set
forth in these criteria.
(c) For
purposes of determining whether an area of the State may be considered to have
particular historical, prehistorical, or archaeological value the Council shall
consider the following factors:
(i) Whether
the area is mentioned prominently in historic journals or other historic
literature;
(ii) Whether the area
is important because it is associated with cultural or religious traditions and
practices;
(iii) Whether the area
has received designation pursuant to state or federal laws that provide for
special protection and management due to outstanding historic or prehistoric
values such as national historic landmarks, national historic sites, or the
National Register of Historic Places; or
(iv) Whether the area contains buildings,
structures, artifacts, or other features that are significant in the history or
prehistory of the state.
(d) For purposes of determining whether an
area has particular wildlife value the Council shall consider the following
factors:
(i) Whether the area includes lands
that are considered irreplaceable fish or wildlife habitat;
(ii) Whether the area includes preserves or
easements which have been established and used for the protection for habitat
for wildlife;
(iii) Whether the
area includes lands that the Game and Fish Department has designated as crucial
or vital habitat for resident species;
(iv) Whether the area contains or may affect
fisheries classified as class I by the Wyoming Game and Fish
Department;
(v) Whether the area
includes fragile lands that offer unique wildlife or scientific
values;
(vi) Whether the area
includes federally designated critical habitat for threatened or endangered
plant or animal species which is determined by the U.S. Fish and Wildlife
Service or the Wyoming Game and Fish Department to be of essential value and
where the presence of threatened or endangered species has been scientifically
documented;
(vii) Whether the area
contains a bald or golden eagle nest or nest site that is determined to be
active and includes all or a portion of a buffer zone of land around the nest
which has been evaluated and approved by the U.S. Fish and Wildlife
Service;
(viii) Whether the area
includes bald and golden eagle roost and concentration areas used during
migration and wintering;
(ix)
Whether the area contains a falcon (excluding kestrel) cliff nesting site with
an active nest and a buffer zone around the nest site which has been evaluated
and approved by the U.S. Fish and Wildlife Service; or
(x) Whether the area includes lands which are
high priority habitat for migratory birds of high federal interest on a
regional or national basis as determined by the U.S. Fish and Wildlife
Service.
(e) For
purposes of determining whether an area has particular surface geological value
the Council shall consider the following factors:
(i) Whether the area has unique surface
geological formations that expose upheavals and faults that are indicative of
sub-surface geological features;
(ii) Whether the area has significant
paleontological resources; or
(iii)
Whether the area has geologic features with unusual or substantial
recreational, aesthetic, or scientific value.
(f) For purposes of determining whether an
area has particular botanical value the Council shall consider the following
factors:
(i) Whether the area is critical
habitat for endangered or threatened plant species as designated by state or
federal agencies;
(ii) Whether the
area contains stands of a rare native vegetation type, or contains stands of a
native vegetation type that is now rare, or contains stands of a native
vegetation type in pristine condition for which pristine stands are unusual;
or
(iii) Whether the area contains
plant species and habitat determined to be crucial or vital for resident
wildlife species.
(g)
For purposes of determining whether an area has particular scenic value the
Council shall consider the following factors:
(i) Whether the area incudes lands within or
adjacent to a corridor for a river designated as a National Wild and Scenic
River or a corridor for a National Scenic Byway;
(ii) Whether the area has been the subject of
substantial artistic attention in the works of artists, sculptors,
photographers, or writers; or
(iii)
Whether the area has substantial aesthetic value and its value would be
apparent to a reasonable person.
(h) An area shall be designated pursuant to
W.S. §
35-11-112(a)(v) if, in
addition to finding that the area is eligible for designation pursuant to
Section
11. a., the Council finds that the area is
very rare or uncommon. For purposes of determining if an area is very rare or
uncommon the Council shall consider the following:
(i) Whether the area exhibits historical,
archaeological, wildlife, surface geological, botanical, or scenic values that
are very rare of uncommon when compared with other areas of the state or a
region therein;
(ii) Whether the
area contains historical, archaeological, wildlife, surface geological,
botanical, or scenic values seldom found within the state or a region therein;
or
(iii) Whether the area contains
historical, archaeological, wildlife, surface geological, botanical, or scenic
values known or suspected to be declining which, if left unprotected, could
become extinct or extirpated.
