GILLETTE, Wyo. — A property concern brought before the Campbell County Commissioners on Tuesday became heated as its obligation to enforce county permit requirements was called into question.
After a fairly uneventful few items of business Tuesday morning, commissioners heard from Peggy and Larry Study over a septic and property concern. The couple distributed packets containing various documents to commissioners ahead of their presentation, where they appealed for the county’s help to resolve a years-long property dispute with a neighbor.
The couple explained that after attempting to resolve their problem through the Campbell County Planning and Zoning Office for two years, they had submitted a letter to the commissioners and finally came before them in person.
Essentially, the Studys’ claim was that a neighbor illegally built a septic sewage system on a property now owned by the couple when the property’s previous owner, an aunt of Peggy’s, was dying of cancer. The neighbor allegedly did so without obtaining proper permits from the county. The system, built in 2019, is located on the border of the neighboring properties, and county and Bureau of Land Management land surveys show slightly different border lines.
The neighbor, according to the couple, filed an adverse possession claim for acreage containing the septic system and a house they say was also built illegally. They and the neighbor are currently in litigation to determine who has legal ownership.
The Studys argue that regardless of the outcome of the litigation, the county has an obligation to investigate and shut down the illegal septic system. Larry Study expressed particular concern that without being properly permitted, the system could be faulty without the county being aware.
“I have two water wells fairly close to where that septic system is. I don’t know if they’re leaching hazardous material into my water wells,” he told commissioners.
For his part, Chairman Del Shelstad repeatedly erred on the side of caution on the matter, arguing that the county would not be able to act on the issue in any way until litigation was over. The stance only further frustrated the Studys, who said that court dates to resolve the case had already been pushed back twice and had cost them “six figures” in expenses.
Commissioners also called on those in the room who could offer insight on the county’s responsibility on the issue. County Attorney Kyle Ferris agreed that it would be best for the county to wait for the result of litigation, but it would be possible for the Studys to file an injunction to stop the septic system from being used. Matt Olson, the Campbell County Public Works executive director, was present for unrelated meeting business but returned to the podium to respond to questioning on the issue.
In the case of illegal building, Olsen admitted that without notifying the county of building on a property, it was nearly impossible for them to track it, especially in certain instances like electrical work, where many exemptions are built into requirements to allow ranchers to do necessary work on their land without repeatedly involving the county.
Inspection by Public Works or a legal injunction could stop the septic system from operating eventually, but Larry Study urged the county to act quickly. He also pointed out that had the county issued a stop order on the matter, the continued operation of the septic system would have incurred a $250 per day fine.
“All I’m asking is they can go out there and say, ‘Stop using the sewage now until this thing is litigated.’ I don’t want any more sewage built into my property, [which is] hazardous to my family, my livestock and my livelihood. … If I can’t find the proper people to help me here, I will dig it up. I will handle it,” Study said.
