Kootenai County, ID Environmental Rules: Erosion Control (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.
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.
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?
What erosion controls does the county actually require on site?
How many inspections does a high risk site need?
What happens if I skip the permit or ignore the erosion controls?
Sources & Official References
Other rules in Kootenai County
Compare Kootenai County to another location·View the Idaho environmental rules overview
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