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Fences do not require permits if they meet all the requirements for Wildlife Friendly Fencing as detailed in LDR Sec. 5.1.2. If the proposed fencing deviates from these regulations, a Special Purpose Fencing application must be submitted to the Planning Department. This application can be found on our Planning Applications & Checklists web page under Miscellaneous Planning Request (MSC) Application.
In short, any new fencing can be no higher than 38 inches above the ground and the spacing between the top two wires or top pole/rail and adjacent wire shall be at least 12 inches. The minimum clearance from the ground shall be 16 inches. Buck and rail fencing shall be avoided. When replacing or repairing old fencing or if the fencing is agriculture related, please call our office for the specifics and/or exemptions.
Grading and erosion control permits can be required with a building permit, or just on their own for projects that are altering natural landscapes and grade. The chart below outlines the thresholds for permit requirements based upon the area of disturbance and the steepness of slopes within that area. There are two levels of grading permits, statement level and plan level. Prior to submitting a plan level grading permit (or a building permit associated with that project), a pre-application conference is required to be held with County staff. Requirements for application submittals can be found on the permit application form.
The pre-application request can be found here: Pre-Application Conference Request
The grading permit application can be found here: Grading and Erosion Control Application
Grading standards can be found here: Land Development Regulation Division 5.7.2
If you have questions about grading standards you can also contact the Teton County Engineering Services at (307)733-3317
Site development is the area of a property that is physically developed. It is typically the inverse of landscape surface area. Site development includes the area of the site is that covered by buildings, structures, impervious surfaces, porches, decks, terraces, patios, driveways, walkways, parking areas, and regularly disturbed areas such as corrals, outdoor storage and stockpiles. Even if a parking area or driveway is not paved, it will likely still count as site development. Site development does not include the cultivation of soil for agricultural use.
The definition of site development can be found in Division 9.5 of the Land Development Regulations.
Site development limitations on specific properties are based on zone and size of the lot. Reference the division of the LDRs for the applicable zone for the site development allowance formula.
An EA exemption does not always mean exemption from the standards of the Natural Resource Overlay (NRO). All physical development, use, development option and subdivision within the NRO shall comply with all standards of Section 5.2.1 unless the proposal meets one of the following exemptions;
You can reference the GIS Map Server to find out if a property is in the NRO and what the current or previous zoning was.
Click here to explore LDR Sec. 8.2.2 regarding the Environmental Analysis standards and procedure, and here to find the application. A pre-application conference is required prior to submitting an EA application.
Manmade ponds can be built in accordance with Section 5.1.6 of the LDRs.
On residential properties there are two types of permitted water features, habitat ponds and ornamental water features.
Habitat Ponds are larger features that shall be setback 50 feet from any structures. They must be designed or reviewed by an environmental professional to ensure they are meeting the habitat standards of the LDRs. A buffer of natural vegetation is required around the pond. Even if a residential development is exempt from the Natural Resource Overlay Standards, a habitat pond may still require an Environmental Analysis. Check with a planner prior to submitting a Grading and Erosion Control permit for a new habitat pond.
Ornamental water features are smaller (less than 1,000 sf of area) and are allowed within 50 feet of structures. They are intended to be more architectural in style and can only be 2 feet deep. They are not allowed to connect to any natural waterway or irrigation ditch.
For more details, reference the Man Made Features section of the regulations by clicking here.
Single family residential development will require the payment of affordable housing fees upon issuance of the building permit unless it meets either of the following exemptions; the proposed habitable floor area (including basement space) is less than 2,500 sf, or the development has already met an affordable housing requirement in full. This second exemption only applies to certain subdivisions or Planned Unit Developments in the County. If your property is not within a subdivision, it is safe to assume affordable housing requirements will apply to your project. The fee is calculated using a formula that matches the proposed habitable floor area with a proportional number of affordable housing units. Since this number is usually less than 1 unit, the requirement is a fee-in-lieu. This fee is based on several factors including the price of construction, housing costs, income, and average rental rates in Teton County. Affordable housing fees can also apply to additions and even remodels if space is being converted into habitable floor area. If you are demolishing an existing house and rebuilding, there may be some credit that is applied to your fee for the new house.
Non-residential affordable housing requirements are different. Most new commercial development will require either the dedication of deed-restricted housing for Teton County workforce, or the payment of a fee-in-lieu. Some non-residential uses like education, day cares, agriculture, historical buildings, public facilities, and temporary uses have no affordable housing requirement. For other non-residential uses the requirement is based on the square footage of the building being used.
You can use the affordable housing fee calculator in order to figure out what fees or requirements might be associated with your project. It will download as an Excel spreadsheet. Download Calculator Here. Make sure to start off by identifying your location as Teton County. There is also a separate location option for Alta since the fees for residential development are 25% of what they are for the rest of unincorporated Teton County. For typical single-family residential development, you will want to use "Detached Single-Family Unit (unrestricted)" when choosing a proposed use. The Use Quantity column needs to be completed for accurate results, and is typically a quantity of 1 for most projects.
If you’re unsure what your use is classified as, you can reference LDR Section 6.1.2 Classification of Uses.
For more on our affordable housing regulations, you can reference LDR Division 6.4 Affordable Workforce Housing Standards.
All utilities must be installed underground per LDR Section 7.7.5.
The only exemption to that standard is that an existing above-ground fuel tank may be replaced above ground ONLY if the property in question is outside of the Wildland Urban Interface (WUI). To determine if your property is within the WUI, you can reference the Teton County GIS Map server, which includes the Wildland Urban Interface layer under "Planning & Building Layers. Check with the Fire Department at (307)733-4732 as they may have additional requirements.
The natural, wildlife and scenic resources found in Teton County are essential components of our community and they establish the character of our community. One way of protecting our resources is to keep setbacks from our waterbodies free from development. The required setbacks for development are:
These buffers are required to remain fee from all development, which includes any and all;
Buffers shall also remain native vegetation and should not be cleared, mowed, or replanted with non-native plant species or lawns.
For more details, you can reference LDR Section 5.1.1. Waterbody and Wetland Buffers.
Building setbacks and height restrictions are based on the zoning of the property in question, and sometimes the use.
Some platted subdivisions also have building envelopes or setbacks on the plat. So start by checking the subdivision plat first for any setbacks notes or envelope depictions. If a property is in a subdivision, the plat map can be found under the info tab on the County GIS map.
If there aren’t subdivision specific setbacks, or the property is unplatted, then the zone specific setbacks apply. The same applies to building heights. You can use the County GIS to check what zone your property is in. Visit our General Navigation FAQs if you need assistance.
There is no limit to the number of physical structures in any of the zones in the Land Development Regulations. There are however, overall floor area limitations that must be met. In addition, for Detached Single-Family Residential Development there is a limit to the number of dwelling units. For most properties, only two structures may have the features of a residential unit; bedrooms, full bathrooms (with tub/shower), and a kitchen. A kitchen is defined as having an oven/stove top appliance. Typically, none of these features are allowed without all three. For Detached Single-Family Residential Uses these features may only exist within a single-family dwelling or an accessory residential unit.
Definition of Residential Uses: LDR Section 6.1.4
Definition of a Kitchen: LDR Section 9.5