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1. Do I need a permit for putting up a fence?

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 applied for on the SmartGov portal as a Miscellaneous Building Permit. 

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 is prohibited without a Special Purpose Fencing Exemption. When replacing or repairing old fencing or if the fencing is agriculture related, please call our office for the specifics and/or exemptions. 

Partnership with Jackson Hole Wildlife Foundation . Teton County and the Jackson Hole Wildlife Foundation are partnering to help property owners comply with wildlife friendly fencing regulations to protect wildlife. As part of this collaboration, Jackson Hole Wildlife Foundation will assist the County on a campaign to remind property owners about the importance of wildlife movement corridors and the role of wildlife friendly fencing. The Jackson Hole Wildlife Foundation also has a dedicated group of experienced fence crews that volunteer to assist property owners with removal of non-compliant fencing or, in some case, modifying fences to become wildlife friendly. This program is completely voluntary for the property owner.  

If you would like help complying with County regulations for an existing fence on your property, please contact the Jackson Hole Wildlife Foundation at (307) 739-0968, info@jhwildlife.org or visit https://jhwildlife.org/.  

2. How do I know if a grading permit is required?

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. 

Helpful Links: 

• SmartGov Application Portal
• Pre-Application Conference Checklist
• Grading and Erosion Control Checklist
• Land Development Regulation Division 5.7.2 (Grading Standards)

If you have questions about grading standards you can also contact the Teton County Engineering Services at (307)733-3317

3. What constitutes site development?

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. 

4. Do I need an environmental analysis?

An environmental analysis is required prior to any new physical development or use in the County unless the proposal meets one of the following exemptions;

1. A detached single-family residential development outside of the Natural Resource Overlay (NRO). The development needs to meet all required natural resource setbacks in order to be exempt. 
2. The development/use in question is within the Neighborhood Conservation zone, or the property was previously zoned Neighborhood Conservation prior to 2016. This does not include new subdivisions, habitat ponds or berms. 
3. Expansion of an existing building or addition of an accessory structure within the impact area of the existing building. 
4. There is a Conservation Easement on the property held by a formal land trust that meets the conservation values of Teton County regulations.
5. Agricultural operations and uses on sites of 70 acres or more shall be exempt.
6. The lot of record is outside the NRO and the applicant demonstrates compliance with all setback and buffer standards (exemption must be approved by the Planning Director)
7. The lot of record is in the NRO but is also in an area that has well-documented habitat information where additional physical development, use, development options and subdivision is anticipated to have minimal additional negative impacts to animal species protected by the NRO (exemption must be approved by the Planning Director)

If you believe your project falls under one of these exemptions, you can apply for an EA Exemption Request using the Miscellaneous Planning Request. 

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;

1. Structural alterations and additions to existing structures shall be exempt. 
2. Physical development, use, and development options within the Neighborhood Conservation zone, or within the R-1, R-2 or R-3 zones that was zoned NC prior to March of 2016 shall be exempt, except for new subdivisions, habitat ponds, or berms. Regulations regarding Bald Eagles and Trumpeter Swans will still be applicable. 
3. Agricultural operations and uses on sites of 70 acres or more shall be exempt.
4. Land protected by a conservation easement where proposed development density is one house per 70 acres or less and the total acreage subject to the easement is 320 acres or more shall be exempt. Regulations regarding Bald Eagles and Trumpeter Swans will still be applicable

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. 

Explore LDR Sec. 8.2.2 to learn more about the Environmental Analysis standards and procedure. A pre-application conference is required prior to submitting an EVA application. All applications are now only accepted digitally through the Planning & Building SmartGov portal.

5. Can I build a pond on my property?

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 Manmade Features section of the regulations.

6. Will my project have affordable housing fees?

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. 

7. Do I have to bury the utilities on my property?

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. 

8. What are the setbacks from natural resources?

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: 

• 150 feet from Rivers 
• 50-150 feet from Streams or natural Ponds (depending on the riparian plant community)
• 30 feet from Wetlands

These buffers are required to remain fee from all development, which includes any and all; 

• Clearing, grading or other movement of land
• Construction activities
• Mining, dredging, filling, grading, paving, excavation, or drilling operations
• Public or private sewage disposal systems or water supply facilities
• Storage, deposition, or excavation of materials
• Structures, buildings or fences
• Parking, storage of vehicles, refuse, or any other materials.

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.

9. How do I figure out setbacks and height restrictions?

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.

10. Is there a limit to number of structures on a property?

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 all 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. For Detached Single-Family Residential Uses all 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