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Pocatello, ID Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit trigger
Required before any construction/land-disturbing activity
Permit tiers
General, site specific, and special site permits
Minor exemption
Under 1/4 acre or under 10 cubic yards disturbed
Late-permit penalty
Fee doubles if work starts before permit issued
Design standard
City of Pocatello Storm Water BMP Guidebook
Criminal penalty
Misdemeanor, up to $1,000 fine or 6 months jail

Summary

Every construction project in the City of Pocatello needs an erosion control permit before work begins, under Section 8.44.060. The city issues general, site specific, or special site permits depending on the project under Section 8.44.070, and erosion controls must follow the City of Pocatello Storm Water BMP Guidebook standards set out in Section 8.44.090.

8.44.060: GENERAL REQUIREMENTS AND PROHIBITIONS: ... A. Every person shall obtain an erosion control permit (hereinafter "permit") from the city of Pocatello before commencing any construction activity, unless performing work covered by an existing city of Pocatello approved erosion control permit or otherwise exempted by this chapter. ... 8.44.070: ... EROSION CONTROL PERMITS: ... A. The following categories of permits shall be issued upon approved application: 1. General permit: Issued for construction, demolition, and site development for single-family homes and duplexes, and utility trench excavation. 2. Site specific permit: Issued for construction, demolition, and site development for multiple home developments, apartment complexes and commercial sites. ... 8.44.090: ... EROSION AND SEDIMENT CONTROL STANDARDS: The design, testing, installation, and maintenance of erosion controls, as detailed in the erosion control plan, shall be in accordance with the "City Of Pocatello Storm Water BMP Guidebook", or in the event said guidebook is not available, the Idaho department of environmental quality catalog for construction BMPs shall provide appropriate references.

Full Breakdown

Chapter 8.44, Construction Site Sediment And Erosion Control, exists to satisfy the city's NPDES permit number IDS-028053 and the federal Clean Water Act by controlling sediment discharge and soil erosion from construction activity within city limits. Section 8.44.060 requires every person to obtain a permit before commencing construction activity, bars erosion or sediment from crossing onto property not controlled by the permit holder, and requires an approved erosion control plan before any final plat, site plan, grading permit, or building permit can be approved. Section 8.44.070 sets three permit tiers: a general permit for single family homes, duplexes, and utility trenching; a site specific permit for multi-family, apartment, and commercial development; and a special site permit for steep slopes over fifteen percent, ground disturbance within fifty feet of wetlands, or sites in an environmentally sensitive or resource protection overlay area under Section 17.04.100.

Minor land disturbance under a quarter acre or ten cubic yards, postholes under two cubic yards, and emergency repairs are exempt under Section 8.44.070.F. Section 8.44.090 ties the design, testing, installation, and maintenance of erosion controls to the City of Pocatello Storm Water BMP Guidebook, or to the Idaho Department of Environmental Quality's construction BMP catalog if that guidebook is unavailable. Permit fees are set by city council resolution and double automatically if construction starts before the permit issues, under Section 8.44.100. Anyone in charge of a site must carry a city training certification under Section 8.44.110.

Violations & Fines

A knowing violation of Chapter 8.44 is a misdemeanor under Section 8.44.170, punishable by a fine up to one thousand dollars, up to six months in the county jail, or both, with each day of violation a separate offense. Section 8.44.180 also lets the city declare the condition a public nuisance, summarily abate it, and place a lien on the property for abatement costs, and Section 8.44.190 authorizes a civil action for an injunction and cost recovery.

Frequently Asked Questions

Do I need a permit for a small landscaping project?
Not always. Section 8.44.070.F exempts minor land disturbance under a quarter acre or under ten cubic yards of soil, postholes involving less than two cubic yards of excavation, and emergency repairs, but any larger residential, commercial, or multi-family construction activity needs an erosion control permit first.
What happens if I start construction before getting the permit?
Section 8.44.100.D doubles the erosion control permit fee if construction activity begins before the permit is issued, and the city can still pursue other enforcement actions under Chapter 8.44 in addition to charging the doubled fee.
What standards do my erosion controls have to meet?
Section 8.44.090 requires erosion controls to be designed, tested, installed, and maintained according to the City of Pocatello Storm Water BMP Guidebook, falling back to the Idaho Department of Environmental Quality's construction BMP catalog if that guidebook is not available.
What penalty do I face for an uncontrolled erosion violation?
A knowing violation is a misdemeanor under Section 8.44.170, carrying a fine up to one thousand dollars and up to six months in jail, and the city can separately declare the site a public nuisance and place an abatement lien on the property under Section 8.44.180.

Sources & Official References

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