Senate File 116 Could Force Cheyenne, Laramie Stormwater Public Votes

A bill that is pending in the Wyoming Legislature could force the cities of Laramie and Cheyenne to put any fees or taxes to fund stormwater infrastructure programs to a public vote.

The city councils in both communities voted in 2024 to implement fee programs to pay for the infrastructure to handle the runoff from storms. However, the fee has proven deeply unpopular with the public in both cities.

In Cheyenne, the plan is to levy the fees based on the amount of hard surface on a property. That would include things like buildings and driveways. The fee would be 24 cents per 100 square feet of impervious surface area. The release says that for most residential properties, the fee would be less than $10 per month.

But the city in December announced a pause in the program until April  to "ensure that properties with complex ownerships are billed in an efficient and accurate manner."
Laramie city officials paused their stormwater fee collection in August after widespread complaints from the public. At last report, the Laramie City Council was trying to work through issues with the fee before trying to fund stormwater collection systems again under some kind of revised plan. The Laramie City Council unanimously voted in November to put collecting the fees on hold through June 30, which is the end of the Fiscal Year.

But a bill pending in the legislature could take the issue out of the hands of the respective city councils and into the hands of the voters.

Senate File 116 says:

 "Any municipality that adopted any ordinance or resolution for the collection of fees, costs, or taxes for the diversion or management of surface water prior to July 1, 2026, and that did not hold an election pursuant to W.S. 16‑10‑105 for the approval of the means of financing the surface water diversion or management system shall:

 (i)  Hold an election as required by W.S. 16‑10‑105 not later than July 1, 2027."

The Bill is sponsored by Senator Gary Crum [R-Albany County]. The Bill on Feb. 19 was approved by the Senate Judiciary Committee on a 5-0 vote. It was scheduled for First Reading in the Senate for Friday afternoon. As of the writing of this post, a little before 2 p.m. on Friday, that reading had not yet been held. Friday [today] is the deadline for bills to be considered on First Reading by the Committee of the Whole.

Cheyenne Mayor Collins Opposes The Bill

Cheyenne Mayor Patrick Collins is not a fan of the bill. In his "Mayor's Minute" column on Feb. 20, the mayor wrote:

"Senate File 116 deals with the ability of a city to collect a fee to deal with stormwater maintenance. Cheyenne passed an ordinance to do just that in December of 2024. This new bill would require a stormwater fee to be approved by a vote of the people before it can be implemented. The Judiciary Committee voted 5-0 to make the vote a requirement. I was hoping the Legislature would not pass the bill and would instead work on the issue during the summer interim, which would give all parties time to work out differences.

Cheyenne was built on two creeks, and our flood risks are high. From my perspective, stormwater infrastructure is public safety infrastructure. We will continue to work with the Legislature to find a way to fund these public safety measures."

Laramie In A Holding Pattern

Laramie City Councilman Matt Lockhart on Friday afternoon gave Townsquare Media the following statement:

''We’re still in a holding pattern with the city council until July 1. Waiting on the lawsuits, etc.''

He went on to say, "Imposing a fee ruffled way too many people. If it was a tax, people would be taxed on their spending. And when they choose to spend money that's their decision and know their spending will be taxed. A fee is something they feel isn't right. I agree.