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Kootenai County, ID Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing rule
Site disturbance permit, LUDC 8.7.101/8.7.104
Construction entrance
Min. 6" thick, 3" rock
Bare soil cover deadline
4 days unworked
High risk site inspections
Minimum 2, more if winter-active
Financial guarantee cap
150% of estimated cost
Permit duration
1-2 years, 1-year extension
Enforcing agency
Community Development Department director

Summary

Kootenai County requires a site disturbance permit for grading, excavation and new driveways outside the cities, with erosion and sedimentation control best management practices mandatory on every site. Stabilized construction entrances, exposed-soil covering and revegetation of cut slopes are all specific, enforceable standards under LUDC Article 8.7.

These county ordinances apply to unincorporated areas of Kootenai County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A. Erosion and sedimentation control BMPs for all sites must be sufficient to prevent sediment from leaving the site. B. Stabilized construction entrances and driveways shall be required for all construction sites to minimize sediment tracking onto roadways. Such entrances and driveways shall be a minimum of six inches (6") thick, with a minimum rock size of three inches (3"), and a length sufficient to minimize off site tracking of sediment. Parking of vehicles shall be restricted to paved or stabilized areas. C. The erosion and sedimentation control BMPs must be installed or otherwise in effect, and the boundary of the area to be disturbed must be clearly marked, as indicated in the approved plan, prior to any site disturbance. D. All surfaces where bare soil is exposed during clearing and grading operations, including spoil piles, shall be covered or otherwise protected from erosion when it will not be worked for more than four (4) days.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-10: Code current through: Ord. 633, passed December 23, 2025).

Full Breakdown

101, a site disturbance permit is required for new driveways and private roads, excavation for structures, new commercial/industrial access or parking, and most other grading, unless an exemption applies (agricultural practices, Idaho Forest Practices Act work, under 50 cubic yards of cut or fill in a 12-month period outside a stream buffer, or sites under 10% slope more than 500 feet from surface water disturbing less than one-third of the parcel). 104 sets the actual erosion and sedimentation control (BMP) standards: BMPs must be sufficient to keep sediment on site, stabilized construction entrances must be at least 6 inches thick with 3-inch rock, the disturbance boundary must be marked and controls installed before any ground disturbance begins, and bare soil left unworked more than 4 days must be covered or otherwise protected.

113: a minimum of two inspections, one after controls are installed and before ground disturbance, one after project completion including revegetation, plus two additional inspections for sites active over winter. 116 requires a financial guarantee, capped at 150% of estimated cost, before a permit issues for subdivision infrastructure, commercial/industrial work, or high risk sites. Permits run one year from certificate of occupancy (or final inspection) when tied to a building permit, otherwise two years, with a one-time one-year extension available. The rules trace to Ordinance 493 (2016) as amended by Ordinance 546 (2019) and Ordinance 570 (2021).

Violations & Fines

LUDC 8.7.115 lists prohibited conduct: grading without the required permit, failing to call for required inspections, failing to timely complete grading and install erosion/sediment and slope stabilization measures, failing to maintain temporary or permanent controls, working beyond the approved plan's scope, damaging a stormwater system, exporting sediment off site without authorization, and continuing work after a stop work order. If required improvements are not completed by the deadline, 8.7.116(D) lets the department draw on the owner's financial guarantee to bring the site into compliance, plus pursue additional enforcement under LUDC Article 8.6.

Frequently Asked Questions

Do I need a permit to grade my rural Kootenai County lot?
Only if it falls outside the exemptions in LUDC 8.7.101(B). Moving less than 50 cubic yards of dirt in a 12-month period outside a stream buffer, or grading a parcel under 10% slope more than 500 feet from surface water that disturbs less than a third of it, does not need a site disturbance permit. Most new driveways, structure excavation and commercial access work do.
What erosion controls does the county actually require on site?
LUDC 8.7.104 requires BMPs sufficient to keep sediment from leaving the site, a stabilized construction entrance at least 6 inches thick with 3-inch rock to stop tracking onto roads, controls installed and the disturbance boundary marked before work starts, and any bare soil left unworked more than 4 days covered or protected from erosion.
How many inspections does a high risk site need?
LUDC 8.7.113(B) requires at least two: one after erosion and sedimentation controls are installed but before ground disturbance, and one after the project, including revegetation, is complete. Sites active through winter need two more, one after fall winterization and one in January or February to confirm controls are holding.
What happens if I skip the permit or ignore the erosion controls?
LUDC 8.7.115 treats grading without a required permit, missing required inspections, failing to maintain erosion controls, or continuing work after a stop work order as violations. The department can also draw on the project's financial guarantee under 8.7.116(D) to bring the site into compliance and pursue further enforcement under LUDC Article 8.6.

Sources & Official References

Other rules in Kootenai County

All Kootenai County rules

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