All legal challenges against a temporary glamping development in Teton County, Wyoming, have been resolved, clearing the way for Basecamp Hospitality to continue operations at its Tammah Resort near Teton Village.
The final legal barrier was removed on May 30 when the advocacy group Protect Our Water Jackson Hole (POWJH) formally withdrew its appeal of a Department of Environmental Quality (DEQ) sewage system permit.
The dispute stemmed from Basecamp Hospitality’s use of a five-year temporary use permit issued by the Wyoming Board of Land Commissioners to operate a cluster of 11 geodesic dome accommodations on state trust land.
The resort is located near the headwaters of Fish Creek, a Class 1 waterway listed as impaired due to E.coli contamination. The site uses a septic tank and leach field system, which became the focus of environmental concerns raised by POWJH.
POWJH’s decision to drop its appeal followed an April ruling by the Wyoming Supreme Court that found the organization did not have standing to challenge the DEQ’s permit.
“It didn’t make sense to continue down a path that had already been litigated as one in which we didn’t have adequate standing,” said Phil Powers, executive director of POWJH.
Earlier, on April 24, the Wyoming Supreme Court also ruled that Teton County could not enforce its land use regulations on the Tammah development due to the nature of the temporary state permit.
Justice Kari Jo Gray wrote in the opinion that the Wyoming Legislature “did not grant the County Board authority to enforce those [local] regulations when the State Board issues [temporary use permits].”
In response, Basecamp Hospitality issued a statement through its attorney, Chris Hawks:
“All legal challenges and regulatory claims — brought by environmental organizations and raised by Teton County — have now been fully resolved in Basecamp’s favor, including POWJH’s recent voluntary dismissal of its appeal regarding the DEQ permit.”
He added, “Basecamp is proud to continue its partnership with the State in offering a one-of-a-kind, sustainable resort experience in Wyoming.”
The legal resolution raises questions about the scope and oversight of temporary use permits issued by the state.
Bill Schwartz, attorney for Citizens for Responsible Use of State Lands — a group that supported Teton County’s position — said the court’s decision highlights what he calls a loophole in state law.
“I think it’s clear [the land board] authorized this use through temporary use permits instead of leases to avoid the statutory requirements that they would have to comply with county regulations,” Schwartz said.
Schwartz noted the court also clarified that if the state leases land — as opposed to issuing temporary use permits — county regulations must apply.
This distinction could prompt future legislative action to revise permitting processes for commercial uses on state trust lands.
As an example, Schwartz pointed to an upcoming June 5 hearing in which the land board will consider renewing a lease for gravel mining near residential areas at the base of Casper Mountain.
According to WyoFile, the Tammah site occupies five acres of a 640-acre parcel of state trust land, most of which is currently leased for grazing.
While the immediate legal challenges have concluded, concerns from nearby residents remain, particularly regarding the environmental impacts of the septic system near wetlands and Fish Creek.
For business owners in the outdoor hospitality industry, the Tammah case offers a precedent on the viability of state land leases and temporary use permits for high-end accommodations.
The resolution underscores the importance of understanding local versus state jurisdiction, particularly for developments that may otherwise face zoning or regulatory pushback.
It also signals the potential for using temporary state permits as a strategy to establish operations on public lands — an approach that may prompt future regulatory scrutiny or legislative reform.