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If it is not on the list, it is prohibited: reading Fremont County's zoning code the right way round
Zoning codes usually list what is banned. This one lists what is allowed.
Most people read a zoning ordinance the way they read a set of park rules: assume everything is fine unless it is forbidden. Fremont County's Development Code works the other way round, and it says so in a single sentence that is worth taking literally.
“If a proposed use of property is not specifically listed in Chapter 4, Division 2 ‘Base District Regulations,’ of this Ordinance, the use shall be prohibited...”
— Fremont County Development Code, 2011 Edition (Ordinance 2011-04), section 4.05, Allowed Uses. Retrieved 19 August 2026
The allowed-use tables in each zone are therefore not examples. They are the whole permitted list, and every entry carries a permit type beside it: P for permitted outright, or a Class I or Class II permit that has to be applied for before the use changes.
The one way round it
The sentence does not end there. The code gives the Administrator a route to allow something the tables do not name — but only on three findings, and the code requires all of them.
- The impacts on public services and activities associated with the proposed use are substantially similar to one or more of the uses already listed as allowed in the applicable base or overlay district.
- The proposed use does not involve a higher level of activity or density than one or more of the listed uses.
- The proposed use is consistent with the purpose of the district in which it is proposed.
That is an equivalence test, not a discretion. The question the Administrator is answering is “which listed use is this the same as?” — so the practical move, if you want to do something the table does not name, is to arrive with the comparison already made rather than to ask for an exception.
There is no unzoned land, and no unzoned lot
A second provision closes the gap people assume exists on remote ground. The code states the county's intent plainly: there is to be no unzoned land in the county. All private land outside the boundaries of any incorporated city, and any public land under county jurisdiction for any reason, is considered zoned by the ordinance.
And it covers the case where the map simply does not show anything:
| Situation | What the code does |
|---|---|
| The zoning map shows no zone for the parcel | The applicable zone is Rural Base |
| The text and the map conflict | The map prevails |
| An adopted ordinance applies a zone to a parcel and is later than the map | The later ordinance prevails over the map |
| The county's jurisdiction is in question | The default is that the county has jurisdiction over all land within its borders unless a court has ruled otherwise |
So “it is not zoned” is not a status a parcel here can have. If nothing shows on the map, the answer is Rural Base — which is the most restrictive of the rural zones on open space, and the lowest on permitted density.
Where boundaries actually run
Zone boundaries look like lines on a map and are in fact defined by what they follow. The code sets out how to read them, and two of the rules matter on this ground in particular.
- Boundaries following streets, alleys or railroads are read as following the centreline.
- Boundaries following a stream or river follow the thread of the channel — and if the watercourse naturally changes course, the zoning boundary moves with it.
- Boundaries following ridgelines follow the ridgeline; boundaries following bench lines follow the top of the bench; boundaries following levees follow the toe.
- Where a boundary does not obviously coincide with any of those and is not dimensioned, it is deemed to run along the nearest section, quarter section or sixteenth section line.
- Boundaries shown as following county boundaries are read as following those limits.
The moving-with-the-thread rule is the striking one. On a parcel split by a creek, the zone line is not fixed to where the water was when the map was drawn. It is a live boundary, and where a channel has migrated the zoning has migrated with it.
Covenants, and which rule wins
On platted ground here the recorded covenants usually bite harder than the county does, which is why the plat can outrank the county on a subdivision lot. The code is explicit about how the two fit together, and it is not a contradiction of that.
The ordinance says it does not intend to interfere with, abrogate or annul easements, covenants or other agreements between parties. But it adds that where the ordinance imposes a greater restriction on the use of structures or premises, or requires larger space than an easement, covenant or agreement does, the ordinance governs.
The practical rule is therefore simple and worth remembering in one line: whichever is stricter applies, and you have to satisfy both. A covenant cannot buy you relief from the county, and county approval does not release you from a covenant. On a lot inside a platted subdivision you are answering to two rulebooks at once, and the architectural committee is generally the one you meet first.
What to do with this before you commit to a plan
- Find the zone first, from the official map, and confirm it rather than inferring it from what neighbours have built.
- Look up the intended use in that zone's allowed-use table and note the permit type beside it — P, Class I or Class II changes the cost and the calendar considerably.
- If the use is not in the table at all, identify the listed use you would argue equivalence to, and check it against all three findings before approaching the county.
- On a parcel with a creek, establish where the thread of the channel currently runs, because the zone boundary follows it.
- Read the covenants alongside the code and assume the stricter of the two applies to every question.
- If the map shows nothing, plan on Rural Base until the county says otherwise, and check the rest of the pre-purchase sequence against that assumption.
None of this is unusual for a county that has chosen a permissive-list code. It is simply the opposite of the assumption most buyers bring with them, and the gap between the two is where expensive surprises live.
Common questions
Is a use allowed if the code does not mention it?
No. The code states that if a proposed use of property is not specifically listed in the Base District Regulations, the use shall be prohibited. The allowed-use tables are the complete permitted list for each zone rather than a set of examples.
Can the county approve something that is not on the list?
Only through an equivalence finding, and the Administrator must find all three conditions: that the impacts on public services are substantially similar to a listed use, that the use does not involve a higher level of activity or density than a listed use, and that it is consistent with the purpose of the district.
What if my land does not appear to be zoned?
The code says the county's intent is that there be no unzoned land. All private land outside an incorporated city is considered zoned by the ordinance, and if the latest official zoning map does not show a zone for a parcel, the applicable zone is Rural Base.
What happens if the map and the text disagree?
The map prevails, with one exception. If an adopted county ordinance applies a zoning district to a parcel and that ordinance is later in time than the official map, the later ordinance prevails instead.
Where does a zone boundary run if it follows a creek?
Along the thread of the channel. The code goes further: if the watercourse naturally changes location, the zoning district boundary is construed as moving with the thread. The boundary is not fixed to where the water sat when the map was drawn.
Do the county rules or the subdivision covenants win?
Whichever is stricter. The ordinance says it does not intend to interfere with covenants, but that where it imposes a greater restriction or requires larger space than a covenant does, the ordinance governs. In practice you have to satisfy both.
What do P, Class I and Class II mean on the use tables?
P means the use is permitted outright in that zone. Class I and Class II are permit types that require an application to the Planning and Building Department before the change of use is approved, and Class II is a substantially longer, staged process.
How do I find out which zone a parcel is in?
From the Official Zoning Map of Fremont County, held by the Planning and Building Department. It is worth confirming directly rather than inferring from what has been built nearby, since existing structures may predate the current code or sit under a different zone.