Kootenai County, ID Environmental Rules: Stormwater Management (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.
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.
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?
Why does the aquifer matter for my drainage plan?
How much stormwater treatment does my driveway or parking lot need?
Sources & Official References
Other rules in Kootenai County
Compare Kootenai County to another location·View the Idaho environmental rules overview
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