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Kootenai County, ID Environmental Rules: Stormwater Management (2026)

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

Key Facts

Conveyance standard
sized for 50-year storm
Detention standard
no peak increase, 25-year storm
Treatment standard
first 1/2 inch of runoff
Special rule
Rathdrum Prairie Aquifer areas
Cure period
45 days after notice of violation
Max civil penalty
$20,000 per incident

Summary

Unincorporated Kootenai County requires a site disturbance permit for new driveways, subdivisions, and most grading or excavation work. Land Use and Development Code section 8.7.105 requires the stormwater system to convey a 50-year storm without flooding and hold peak runoff at pre-development levels for a 25-year storm, and section 8.7.106 requires treatment of the first half inch of runoff before it reaches ground or surface water.

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.

8.7.105: STORMWATER DETENTION AND CONVEYANCE: A. Stormwater conveyance mechanisms must be sized to convey runoff from a 50-year storm event without causing flooding or other damage to public or private property, the stormwater management system, or other improvements. ... C. Stormwater systems shall provide for sufficient storage volume and detention time to result in no increase in the peak rate of runoff from the site for a 25-year storm. ... 8.7.106: STORMWATER TREATMENT: A. Treatment of the first one-half inch (1/2") of stormwater runoff from the impervious surfaces set forth in this section shall be required prior to discharge of the stormwater overland or to ground or surface waters.

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 requires a permit for new driveways, private roads, structure excavation, commercial or industrial access construction, and most other grading or excavation, though it exempts permitted mining and forest-practice work, agricultural practices in common local usage, cemetery graves, emergency work, and small jobs such as under fifty cubic yards of fill in a twelve-month period outside a stream buffer or shoreline area, or grading on less than ten percent slope more than five hundred feet from surface water that disturbs under a third of the parcel.

105 sets the engineering targets: conveyance sized for a 50-year storm without flooding, and detention sized so the site's peak runoff for a 25-year storm does not exceed pre-development levels, factoring in both impervious and pervious surfaces. 105(D) adds that runoff needing treatment before infiltration has to be routed to treatment areas with limited infiltration first, protecting the sole-source aquifer the county shares with Spokane County. 106 layers on water quality: the first half inch of runoff from impervious surfaces must be treated, commonly through bioinfiltration swales drawn from Idaho DEQ's best-management-practices catalog or existing natural vegetation, before it reaches ground or surface water; rooftop runoff is exempt from treatment BMPs but still has to be managed to infiltrate or otherwise meet the detention rule.

The county does not require on-site post-construction testing of BMP efficiency, relying instead on the design professional's calculations. 603: a misdemeanor under section 1-4-1, plus a civil penalty of up to $1,000 per incident per day, capped at $20,000 per incident.

Violations & Fines

Grading, excavating, or building without the required site disturbance permit, or a stormwater system that misses the 50-year conveyance or 25-year detention targets, draws a notice of violation under section 8.8.601, with 45 days to cure before it is recorded against the property. Section 8.8.603 backs that up with misdemeanor liability under section 1-4-1 and a civil penalty up to $1,000 per incident per day, capped at $20,000 per incident.

Frequently Asked Questions

Do I need a permit to grade my Kootenai County lot?
Only for certain work. Section 8.7.101 requires a site disturbance permit for new driveways, structure excavation, and most grading, but exempts small jobs such as under fifty cubic yards of fill in a year outside a stream buffer, gentle-slope sites more than five hundred feet from surface water, and permitted agricultural or forest-practice work.
Why does the aquifer matter for my drainage plan?
Kootenai County sits over the Spokane Valley-Rathdrum Prairie Aquifer, the region's sole source of drinking water shared with Spokane County. Section 8.7.105(D) requires runoff that needs treatment before infiltration in that area to be routed to a treatment area with limited infiltration first, rather than soaking straight into the ground.
How much stormwater treatment does my driveway or parking lot need?
Section 8.7.106 requires treatment of the first half inch of runoff from impervious surfaces like access ways and parking areas before it discharges overland or into ground or surface water, typically through bioinfiltration swales from the DEQ best-management-practices catalog or existing natural vegetation.

Sources & Official References

Other rules in Kootenai County

All Kootenai County rules

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