INFORMATION
REGARDING BUILDING IN
LINCOLN COUNTY,
WYOMING
Revised (02/10/2023)
This information applies to
“Residential Construction”
but can also be applied to any new
additions to existing residential buildings in
Lincoln County, Wyoming
INFORMATION REGARDING BUILDING IN
LINCOLN COUNTY, WYOMING
This information applies to “Residential New Construction” but can also be applied to any new additions to existing
residential buildings in Lincoln County.
DO NOT ASSUME ANYTHING. ALWAYS GET DOCUMENTATION WITH A COPY OR DUPLICATE WITH
ORIGINAL SIGNATURES AND KEEP FOR LIFETIME OF OWNERSHIP OF BUILDING
OVERVIEW OF RECOMMENDATIONS
(REFER TO EACH SECTION FOR DETAILED INFORMATION)
✓ Building Codes - recommend minimum IRC 2006 for 1 & 2 family dwellings or the IBC
2006;
✓ Recommended Minimum Residential Design Criteria - see attached map to identify zone;
✓ Building Plan Review & Building Inspections - recommend 6 inspections by a certified
IRC inspector;
✓ Informational Tools on Hiring a Contractor;
✓ Informational Tools on Hiring an Inspector;
✓ Informational Tools on How/What to Ask Your Bank or Mortgage Company;
✓ Recommend landowner/homeowner stay involved and communicate throughout the
entire building process with all parties (builder, contractor, inspector, bank/mortgage
company, etc.).
❖ Note: The landowner/homeowner will be required to sign a separate document
acknowledging receipt of this packet that is included with the Lincoln County Residential
Use Permit Application (building permit).
NOTED BELOW IS INFORMATION YOU SHOULD CONSIDER
BEFORE STARTING CONSTRUCTION
DISCLAIMER: ALL INFORMATION PROVIDED HEREIN IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND
DOES NOT CONSTITUTE LEGAL ADVICE OR A CONTRACT BETWEEN LINCOLN COUNTY AND ANY PERSON OR ENTITY.
THE INFORMATION IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND IS NOT GUARANTEED TO BE CURRENT. IF
YOU NEED LEGAL ADVICE, HELP WITH CONTRACTS, ETC., YOU SHOULD CONTACT AN ATTORNEY.
LINCOLN COUNTY IS A GOVERNMENT ENTITY AND DOES NOT WAIVE GOVERNMENT IMMUNITY BY PROVIDING THIS
INFORMATION. LINCOLN COUNTY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THESE
MATERIALS AND DOES NOT WARRANT OR GUARANTEE ANY OF THE INFORMATION CONTAINED HEREIN. IN NO
EVENT SHALL LINCOLN COUNTY BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR
LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH
CONTENT. THE USER OF THIS INFORMATION ASSUMES THE ENTIRE RISK RELATED TO ITS USE.
General Information
Many people across Wyoming do not think that we have building codes. People building outside
of city limits or in cities that do not have a building department do not realize that there are
building codes that can be used for the construction of all homes. Although Lincoln County does
not require inspections for residential construction, you may want to consider having inspections
done on residential construction projects for several reasons.
If a home does not have inspections during its construction, it may not qualify for some of the
financing available in Wyoming. Even if you plan to live in this home forever, your estate will
eventually have to deal with the house. The fact is the average American moves every 7 years,
and while you may save some money by not hiring an inspector to perform the code compliant
inspections throughout the building process, you may miss a significant number of potential
buyers when you eventually sell the house.
Inspections are not only for the banks and for future potential buyers. Inspections are a set of
eyes from an independent third party helping you build a home to meet minimum health and
safety standards. The codes are not arbitrary rules but minimum health and safety standards.
A good inspector will go through the structure multiple times throughout the building process
and catch items that do not meet these minimum health and safety standards. Most
owner-builders appreciate another person going over their work with them because they want it
to be built correctly to avoid problems in the future.
Communication is key between contractor, inspector and you, the homeowner, to keep things
(schedule, construction timeframe of different phases, occupancy, etc.) on track throughout the
entire project.
Bank or Mortgage Company
Most banks and/or mortgage companies have their own requirements for new construction of
residential buildings. Some may include inspection requirements, contractor requirements and
requirements that you have to perform in addition. They may also provide you with information
about different financing options that require different lengths of time which may impact your
contractor. They may require criteria to be able to resell for default that you will have to include
in your upfront construction. You need to talk to your bank or mortgage company and get all the
necessary criteria which may affect the different phases of your project (the before phase, the
during phase, the end phase, and after construction ends and you can occupy the building). Be
specific and detailed in your discussions so there is no point that an assumption will occur which
may be wrong.
Contractor
Hiring a building contractor is no easy task and there seems to be an abundance of them and can
be daunting. Almost everyone has heard the horror stories - scams, shoddy workmanship,
disappearance prior to completion but after they have a large portion of your money, and more.
The Better Business Bureaus have more complaints on building contractors than almost anything
else. Some people will tell you to only deal with a licensed contractor, but licensing does not
necessarily mean you will get a reliable and qualified contractor. It is up to you to protect
yourself and be diligent in your determination of a contractor that will fit you and your
requirements. Sometimes word of mouth from friends, associates, neighbors etc. will lead you to
competent, reliable and qualified contractors - particularly if the contractor is local and has been
doing business locally for some time (prefer years to months in timeframes), and sometimes
those same people can identify those to stay away from. You will also need to have informative
conversations with your bank or mortgage company on what they will require from you to be
able to hire a contractor (and they may also have some contractors that they will recommend and
some they will not recommend from their past clients).
Questions involving licensing may be part of the conversation and you will need to get
clarification from your bank/mortgage company if they require a "licensed" contractor and what
that means to them. The questions regarding unlicensed versus licensed are confusing for all of
us, including contractors. Some states require a license and some don't. Some cities and
counties require a license and some don't. In Lincoln County we do not have contractor
licensing administered by the County. Some of the incorporated towns in the county have
"licensing" which in most cases may just be mostly a small fee to obtain their company name,
address, and phone number to contact them but there is no verification and no insurance included
and after or during the information that was provided on their "license" may not be accurate.
You may want to ask your town what their licensing requirements entail and whether they
include insurance requirements. You may also want to ensure that the information of the
licensed contractor is current and accurate. The State of Wyoming does some "licensing" which
currently equates to a small fee to obtain their company name, address, phone number to contact
them but no verification of information provided and there is no insurance requirement either.
Thus, when choosing a contractor, word of mouth can be very helpful, including
recommendations from family, friends, neighbors, business associates, etc. (please note that
Lincoln County will not give any recommendations). Also, you will likely want to talk to the
prospective contractors and take notes so you do not confuse them later when you want to make
a decision. You may want to ask about their projects - how long they have been building, what
building codes they have had to build to, and what inspectors they may have had to work with in
the past. Ask them for references locally that you can contact and ask about their work, their
knowledge, competency, and the timeframe (were they always late in completing items, etc.).
Verify their address and phone number (get business phone number as well as cell number) - and
see if they have a website with any comments on it. You can ask them about their insurance and
may request the cost of adding you on their insurance to cover any problems/errors that may
arise. Beware of unsolicited phone calls or visits, high pressure sales pitches or scare tactics,
required large down payments during the construction phases, no verifiable address or phone
number(s), unwillingness to give you pricing information, unwillingness to sign a written
contract, unwillingness to work with an independent inspector, and lack of insurance.
Building Codes
Lincoln County recommends that you work with your contractor and your inspector to determine
which building code to use, and ensure you have it documented in a contract what code you have
agreed upon. You may have heard the term "IBC" or "IRC" which are both building codes as
defined by the ICC. The International Residential Code (IRC) pertains to 1 and 2 family
dwellings and townhouses. Many builders and inspectors use the 2006 edition as recommended
by Lincoln County, or the IBC (International Building Code 2006). The IRC 2009 and IRC 2012
incorporated energy requirements, as well as other changes to the 2006 code. If you choose the
2009 or 2012 code with the energy requirements, it will cost you extra on the construction versus
the 2006 code without the extra energy requirements, so you should talk to your contractor about
the various building codes and determine which will work best for you. IBC for the same years
noted for IRC will also work. The main concern is that you have in writing from your contractor
the building code you have agreed upon as that is what you will enforce.
Lincoln County also recommends that you should also consider the Recommended Minimum
Residential Design Criteria for Lincoln County in the zone noted for the area the property is in
(see map attached). The Recommended Minimum Residential Design Criteria for the five (5)
identified zones within Lincoln County (outside of any of the incorporated towns) include Live
Roof Snow Load, Seismic Zone, Max Wind, Foundation Depth, and Design Temperature.
Homeowners and contractors are potentially at risk if the criteria they build to is below what is
identified in the zone the property is located in. You should notify both your contractor and your
inspector what the recommended criteria are and whether your plans meet those criteria before
starting construction.
Building Inspections
Lincoln County recommends that you contract with a certified building inspector to perform a
minimum of six (6) inspections. You should decide with your builder and inspector which types
of inspections will be completed. Six (6) common inspections are:
1. Plan Review/Inspection - This is the first inspection to make sure your project is started on
the right track. The inspector needs to review your plans to check the footing and foundation are
properly sized, but also help you identify areas that may require attention such as; windows that
need safety glass, the spacing of bathroom fixtures and any additional requirements your
appliances may have. At the plan inspection the inspector can let you know if they foresee any
additional required inspections, but it is important to remain in contact with your inspector if you
are unsure whether they need to look at a phase or not.;
2. Footing Inspection - This is the first onsite inspection. A footing inspection is done when the
footing is formed; the reinforcement rebar is in place and tied up. The footing inspection is done
before the concrete is poured.;
3. Foundation Inspection - The foundation inspection is done when the forms are in place and
the vertical and horizontal rebar is in place and tied. The anchor bolts should be on site. The
inspection is done when all of this is complete but before the concrete is poured.;
4. Rough Framing, Plumbing, Electrical & Mechanical Inspection - While this is a big
inspection it is important the building is inspected at this phase because framing issues may arise
when plumbing, electrical and mechanical are installed. For this inspection all rough framing
should be complete. All the electrical should be run which includes all outlets, and smoke
alarms. The electrical panel should also be made up. Both the potable water and drain waste
vent system should be complete and pressure tested. Any rough mechanical ducting and like
systems should be in place at this time. When these items are in place a rough framing,
plumbing, electrical and mechanical inspection can be completed.;
5. Insulation / Vapor Barrier - This inspection is done when the insulation and vapor barrier is
in place and sealed.; and
6. Final Inspection - The final inspection is done when everything is complete. This includes,
but is not limited to; exterior and interior paint, floor coverings, cabinetry, bath fixtures, light
fixtures, outlet covers, handrails, guardrails, installation of smoke detectors, all electrical
systems, mechanical systems and plumbing fixtures, and the exterior grading.
Note that the State of Wyoming requires an electrical permit through them for this type of
construction and they will also typically do an inspection of the electrical for compliance.
These inspections could cost you between $150.00 to $300.00 per inspection but may be worth
the extra cost depending on your bank/mortgage company and or when/if you decide to sell. The
inspections will also be helpful in dealing with your contractor (and their subcontractors if any)
to ensure compliance to the building code you have agreed upon, and ensure the enforcement of
the contract between both of you.
Building Inspector
Lincoln County recommends that you, the homeowner, may want to contract separately
(independent of your contractor) with a certified building inspector to provide any inspections
during the construction. Ensure your certified building inspector utilizes a contract to put your
agreement with them in place and both parties sign. Ensure the inspector and your contractor
have each other's contact information and the needs of both are clear to the inspector and
contractor - i.e. it would be helpful to ensure their meeting or speaking to each other and
reviewing what each will need prior to the first inspection so no hold-ups on either side.
To select a certified inspector, you will need to ask for their certification, including the title, date
it expires (do not deal with an inspector who does not have a current certification), and the issuer.
A copy of the certification would be helpful for you in verifying that it is valid (it could be
emailed or you can write down the information). To verify, check the issuer out over the internet
and find out what type of training the potential inspector had. If he/she is an IRC or IBC
certified inspector, you can go to the ICC website and check them out under their title. Obtain
their inspection pricing upfront, including any re-inspection costs if an inspection fails, as well as
any extra mileage charge, if any. Once you have determined who you may want for an inspector,
if the person is unknown to you, you may want to ask friends, business acquaintances or
associates, neighbors or any others for experiences or recommendations. You may also ask the
inspector for personal references. You may want to sign the contract in person so you can meet
the inspector (ask them to bring photo identification as well as the original certification to ensure
you are entering into a contract with the person noted in the contract); and you might consider
bringing an extra contract copy to get original signatures for both parties (one for the inspector
and one for you).
What is Radon?
Levels of Radon Throughout Wyoming
Why is Appendix F & RRNC Important?
Radon is a colorless, odorless, radioactive gas, naturally
emitted from the decay of uranium in the soil and rocks
beneath a home. You cannot see, hear, smell, taste, or feel
radon. Radon enters homes through cracks and pipe
penetrations in the home's foundation, and can accumulate
to elevated levels (4.0 pCi/l or higher). According to the
U.S. Environmental Protection Agency (E.P.A) it is the
second leading cause of lung cancer. A radon test is the
only way to determine the radon level in your home.
E.P.A. and the Wyoming Department of Health
recommend fixing any home with radon levels greater than
4.0 pCi/l. According to the E.P.A., at this level, seven of
every 1,000 people (non-smokers) and 62 of every 1,000
(smokers) could develop lung cancer after living in a home
for many years.
Not everyone exposed to elevated levels of radon will
develop lung cancer. However, the higher the radon level,
the greater the risk people have of developing lung cancer.
Many areas in Wyoming have been identified as having
elevated levels of radon.
According to the E.P.A., radon is the second leading cause
of lung cancer. Exposure to radon can independently
increase the risk of lung cancer, and the Wyoming
Department of Health 2009 Annual Cancer Report
indicates lung cancer as the highest cancer mortality in
Wyoming. When a city adopts Appendix F, and builders
use RRNC, they help lower the levels of radon, and the
risk of lung cancer, of their residents. Appendix F and
RRNC can help save time, money and lives. The Wyoming
Radon Program supports the adoption of Appendix F.
Alpine, Burns, Star Valley Ranch, Buffalo,
Diamondville, Glenrock, Green River, Guernsey,
Jackson, Lusk, Meeteetse, Mills, Mountain View, Pine
Haven, Rawlins, Riverton, Torrington, Worland, and
Teton County adopted Appendix F.
What is Appendix F & RRNC?
Appendix F is part of the International Residential
Building Code designed for the installation of passive
radon mitigation systems in new homes. Adoption of
Appendix F is at the discretion of local building code
officials, and is highly encouraged by the E.P.A. and by
the Wyoming Radon Program. RRNC techniques are
construction plans for building radon mitigations systems
into new homes during construction of the home.
Appendix F and RRNC provides installation details for
radon mitigation systems in new home construction. The
mitigation system collects radon gas from beneath a
home and vents it to the atmosphere. A radon fan can be
included to further reduce radon levels in a home.
All of the techniques and materials are commonly used in
construction. No special skills or materials are required.
However, proper installation of the radon-resistant
(RRNC) features is important.
Why Use Appendix F or RRNC Techniques to
Build Radon Systems Into New Housing
Why Adopt Appendix F?
Radon-Resistant New Construction Techniques:
● Improves cost & efficiency in radon removal.
● Seals all cracks in the foundation.
● Better control of moisture and mold in the home.
● Hides the radon piping and fan from view.
● Improves aesthetics for real estate value.
● Helps reduce the chance of lung cancer in residents!
The Town of Jackson and Teton County chose to adopt
Appendix F for the protection and well being of the public.
With testing showing elevated levels of radon, construction
practices making new homes more energy efficient and existing
homes being sealed tighter it only made sense to mitigate radon
from our homes. Recognition of reason being an issue has
become so prevalent in the real estate industry that you can
rarely purchase a home without it being mentioned in the
disclosure statement. Radon mitigation has been in place within
Teton County for more than a decade with excellent results.
Mark Antrobus,
Teton County Building Official, Jackson, WY
The City of Green River Wyoming has adopted the IRC
Appendix F section covering Radon mitigation. We want our
residents safe from this toxic gas. We enforce construction
methods with Radon mitigation to lower the Radon levels in our
new homes.
David C. Allred C.B.O.
Senior Building Inspector, Green River, WY
The construction techniques used for radon mitigation should be
learned and practiced by all architects. Radon's potential
carcinogenic effects in residential structures can be minimized
by using these techniques during the initial construction or
renovation. The cost of mitigation is minimal in new
construction, and although somewhat greater in existing
structures, is very inexpensive in comparison to the cost of
treating the lung cancer which could be caused by unchecked
radon gas.
Danny Williams Architects and Planners
Paul J. Bulat, Architect, Jackson, WY
Installing a radon system in a home, at initial construction,
helps lower health risks, makes the most financial sense; is
more efficient and quite easy to install at this time as opposed to
having to add a system after an issue has been detected. The
safety net for a home owner outweighs the initial cost they
spend on having a mitigation system installed up front.
Eric Adams, Project Manager
Gateway Construction, LLC., Cheyenne, WY
Illustration Credits EPA’s “Building Radon Out Guide”
Appendix F & RRNC Techniques for New Housing
GENERAL INFORMATION REGARDING
SETBACKS & EASEMENTS
The information below includes general information regarding setbacks and easements for building within
Lincoln County, Wyoming. The information contained is not all inclusive. Additional information can be
viewed in the Land Use Regulations. Any questions, please contact the Office of Planning and Development
(Planning Office).
Setbacks
Lincoln County, Wyoming Land Use Regulations define Setback Area as the Distance between the foundation
of a structure and property line, road right-of-way, or constructed road, whichever is less (see Chapter 7 Land
Use Definitions).
Chapter 6 Section 20 of the Land Use Regulations for Setbacks:
A.
Any development within County rights-of-way or road easement, except by an approved county road
license, is not allowed and shall be removed by property owner immediately upon discovery.
B. Setback standards for all permits are as follows:
1. Side and Rear Setback: A minimum of ten (10) feet from the property line.
2.
Front Setback, the side of the property where primary vehicle access is located, as measured from lot line or
right-of-way, whichever is more restrictive:
a. Fifteen (15) feet to front of building without parking area;
b. Twenty (20) feet to the front of the building with a parking area.
3. Building Setback to US Highway 89 right-of-way shall be a minimum of:
a.
Where ROW is at least 140 feet wide then front setback shall be at least twenty (20) feet and side or rear
setback shall be at least ten (10) feet;
b.
Where ROW is at least 100 feet wide but less than 140 feet wide then front setback shall be at least thirty
(30) feet and side or rear setback shall be at least thirty (30) feet.
c.
Where ROW is at least eighty (80) feet but less than 100 feet wide then front setback shall be at least fifty
(50) feet and side or rear setback shall be at least thirty five (35) feet.
If topographic or other site conditions require a relief of setback, then the variance procedure
shall be followed.
4.
Commercial structures shall have a minimum setback from all lot lines of 1 foot per 1 foot building height
unless two hour fire walls are constructed.
C.
Alterations of Front, Side and Rear Setbacks for all permits. When the following condition is met, the
Administrator may approve a variance of setback without following all of the Variance Procedures outlined
in Chapter 3:
The adjoining property holder(s) being affected shall give written authorization to the applicant, indicating
the proposed development is acceptable to them.
Setbacks are required specifically for safety, legal and aesthetic reasons. They provide a buffer that is meant to
prevent encroachments over property lines, safety from possible traffic accidents flying into your property, snow
removal, buffers from other land uses such as industrial and commercial, and incidentally provide open areas
around your structures. Setbacks establish the permitted location of structures and other improvements on a site.
The Residential Use Building permit is a contract that you will put your structures where your site plan indicates.
Inside these setback lines is referred to as the build-able area, development area and/or building envelope. A
build-able area is the space created by the designated setbacks and height restrictions. It can be considered the
specific area free from easements, property lines and other restrictions on where you can situate your structure on
your property. The entire structure must fit within the build-able area, and all structures whether primary or
accessory must be within the build-able area. It is important to note that a build-able area may be designated on
your lot if it falls within a platted subdivision and may differ in size from the designated setbacks.
Easements
Lincoln County Land Use Regulations define Easement as Authorization by a property owner for the use of, by
another, and for a specified purpose, any designated part of his/her property (see Chapter 7 Land Use
Definitions).
Chapter 6, Section 21: IRRIGATION FACILITIES AND SURFACE WATER
Development shall have a minimum setback of 150 horizontal feet from the bank high-water line of Salt River
in the 100 year floodplain. Other developments shall have a minimum setback of 50 horizontal feet from the
bank high-water line of streams and rivers.
1. Streams and rivers shall include, but are not limited to, the following waterways:
Bear River, Black's Fork, Coal Creek, Corral Creek, Cottonwood Creek, Crow Creek, Dry Creek, Flat
Creek, Fontenelle Creek, Green River, Grey's River, Ham's Fork, LaBarge Creek, Pine Creek, Pole Creek,
Salt River, Smith's Fork, Spring Creek, Strawberry Creek, Stump Creek, and Swift Creek
2.
Development shall have a minimum setback from irrigation facilities. For canals and ditches, the
easement is measured from the average high-waterline. In the event that an easement of record exists,
the more restrictive setback shall be used. The area of the setback shall be determined by the type of
facility: (ALL PERMITS)
a.
Canals shall have a fifty (50) foot setback on the down-slope side and a twenty (20) foot setback on
the up-slope side.
b. Ditches shall have a twenty (20) foot setback on both sides.
c. Pipelines shall have a ten (10) foot setback on both sides of the centerline.
d. Other structures shall have a reasonable setback for operation and maintenance.
Easements can be defined as a limited right to make use of another's property. Easements can be agreements
between different entities and commonly grant access to another's property to allow utility lines above and
below ground, waterway easements for ditches and canals, and transportation easements for roads, bike
paths or trails. Structures are not allowed in easements because maintenance like road grading, digging up
the utility line, or cleaning ditches is often required. Do not build your structure into an easement! Although
your plat may not indicate any easements in your lot, it is always good practice to double check with local
utility companies, the exceptions page in your Title Commitment, deed restrictions, or other documents filed
with the County Clerk. Be aware of evidence that may point to
an existing easement such as roads accessing
Locating setbacks and easements. The only person that can make a legal determination of
property setbacks and easements is a Professional Land Surveyor. Lincoln County Land Use Regulations
require your buildings be within the setback requirements; however, they do not require that your property
corners or setbacks be located by a Professional Land Surveyor. However if you have doubts as to where
your corners are at, it is highly recommended you seek the services of a Professional Land Surveyor.