A.   Permit Required: Except as exempted under subsection B of this section, a site disturbance permit shall be required for the following activities:

      1.   Construction of all new driveways, common driveways, private roads, or infrastructure authorized through the subdivision or conditional use permit process;

      2.   Conversion of roads from one use to another (such as a logging road to a private road, etc.) regardless of the level of improvement required on the road;

      3.   Excavation for the construction of structures;

      4.   Creation of a new commercial or industrial access or parking lot, or grading and paving of an existing commercial or industrial access or parking lot;

      5.   All other excavation and grading activity.

   B.   Exemptions: The following activities are exempt from the requirements of this article:

      1.   Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay, to the extent approved for operation under applicable federal, state, Panhandle health district, and county regulations.

      2.   Agricultural practices in common local usage.

      3.   Activities governed by and subject to the Idaho forest practices act, title 38, chapter 13, Idaho Code (IFPA) which are solely for the purpose of enabling or engaging in a "forest practice", as defined in subsection 38-1303(1), Idaho Code.

      4.   Cemetery graves.

      5.   Emergency situations involving immediate danger to life or property, substantial fire hazards, or other public safety hazards as subsequently determined by the county, or during the period covered by an emergency declaration by the county.

      6.   Operation of a refuse disposal or landfill site which is constructed and operated under permits from appropriate federal, state and local agencies.

      7.   In any twelve (12) month period, excavation or placement of fill less than fifty (50) cubic yards in volume which is outside of any stream protection buffer or shoreline management area.

      8.   Private road or driveway maintenance where work is limited to the travelway, no cut or fill slopes are created, and no drainage features are created or modified.

      9.   Excavation of test holes for soil testing activities, provided that no access road will be created for test hole excavation, and the total excavation is less than fifty (50) cubic yards.

      10.   Grading, excavating and placement of fill on a site that has less than ten percent (10%) slope, and is more than five hundred feet (500') from surface water as defined by this article, and that results in disturbance of less than one-third (1/3) of the parcel, or sites over the Rathdrum Prairie Aquifer which are greater than five hundred feet (500') from surface water. This exemption shall not apply to commercial or industrial developments or for subdivision infrastructure development.

      11.   Grading, excavating, or placement of fill which is subject to the regulations and permitting authority of the U.S. army corps of engineers, the federal energy regulatory commission, the Idaho department of lands, the Idaho department of environmental quality, and/or the Idaho department of water resources. Grading activities that are related to such projects, but which are not subject to the aforementioned agencies' regulations or permitting authority, are not exempt.

      12.   Abatement of noxious weeds.

   C.   BMPs: Activities exempted pursuant to subsection B of this section shall employ BMPs to prevent sediment from leaving the site.

   D.   Utility Providers: Site disturbing activities conducted by utility providers shall be regulated as follows:

      1.   Major installation projects where utility service is regional in nature, e.g., intending to serve more than one subdivision or intending to upgrade existing service to multiple subdivisions, or commercial or industrial projects, shall comply with all applicable requirements of this article, unless otherwise exempt.

      2.   All other work conducted by utility providers shall be exempt from the requirements of this article, but shall use BMPs to prevent sediment from leaving the site. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Applications: All applications for a site disturbance permit shall be submitted to the department on a form provided by the department. At a minimum, the following information shall be required:

      1.   Property owner's name and applicant's name if different from the owner;

      2.   Legal description of property including parcel number;

      3.   A written description of the work to be done, including an estimate of the amount of earth to be moved;

      4.   A site plan, drawn to scale, including property boundaries, north arrow, adjacent roads, location of proposed work, and distances to property lines or prominent features of the land.

   B.   Site Inspection: Upon receipt of a completed application, the department will perform a site inspection to determine the risk categories as outlined in section 8.7.115 of this article. Using the outcome of risk assessment and the nature, location, and time of year of the project, the director shall determine whether the project is high, moderate or low risk.

   C.   Site Disturbance Plans: A site disturbance plan shall be required for all high and moderate risk sites. The required elements of site disturbance plans shall be outlined in the plan criteria manual adopted by the director.

      1.   Plans prepared by a design professional shall be required in the following circumstances:

         a.   Site disturbing activities governed by this article on high risk sites.

         b.   All commercial and industrial development except development by utility providers when not required under subsection 8.7.101(D) of this article.

         c.   Site disturbing activities conducted by utility providers, when required under subsection 8.7.101D of this article.

         d.   Subdivision infrastructure development.

      2.   Moderate risk sites. The following provisions shall apply to site disturbance plans in which preparation by a design professional is not required under paragraph 1 of this subsection:

         a.   Plans may be prepared by a design professional, contractor, or property owner.

         b.   Plans are not required to comply with the requirements of section 8.7.106 of this article.

      3.   The director may waive the submission of plans for minor improvements if the standards set forth in this article can be met by existing site conditions.

   D.   Interagency Coordination: The director may request comment from affected agencies where appropriate. Where coordinated permits are necessary, signoffs from permitting agencies or copies of other permits may be required. Permit authorities may include, but are not limited to:

      1.   Public highway agencies for work within public rights of way, including approach permits;

      2.   U.S. army corps of engineers;

      3.   Idaho department of lands for encroachments into navigable waters, logging activity under the IFPA, and surface mining activity;

      4.   U.S. environmental protection agency for site disturbing activity where an NPDES permit is required;

      5.   Coeur d'Alene Tribe for site disturbing activity within the boundaries of the Coeur d'Alene Indian Reservation; and

      6.   Idaho department of water resources for work within stream channels. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than two horizontal to one vertical (2:1), unless the design professional can demonstrate substantial evidence that steeper slopes are feasible, taking into account safety, stability, erosion control, revegetation, and overall water quality impacts. Subsurface drainage shall be provided as necessary for stability. All engineering reports are subject to review by the director.

   B.   Fill slopes shall be no steeper than is safe for the intended use and shall be no steeper than two horizontal to one vertical (2:1), unless the design professional can demonstrate substantial evidence that steeper slopes are feasible, taking into account safety, stability, erosion control, revegetation, and overall water quality impacts. Fill slopes shall not be constructed on natural slopes of forty percent (40%) (2.5 horizontal to 1 vertical) or steeper, without special treatment or design. In addition, the toe of fill slopes shall not be closer to the top of existing or planned downhill cut slopes than the height of that cut (e.g., if an 8 foot cut is planned, the toe of the uphill fill slope shall not be closer than 8 feet to the top of that cut), unless the design professional has demonstrated that comparable stability can be achieved with lesser setbacks.

   C.   Prior to placement of fill, the ground surface shall be prepared to receive fill by removing vegetation, topsoil, forest duff, and any other unsuitable material. The area to receive fill shall be scarified to provide a bond with the new fill. Fill shall not be placed until the area is prepared by constructing a level or slightly insloped toe bench into competent material at the base of the new fill. The director may waive the benching requirement for minor fills which are not intended to support a road, driveway, or structure. In high risk areas, the position, width, and configuration of the bench shall be determined by a design professional. Fill slopes and the transition zone into natural terrain shall be configured to a generally smooth, planar configuration so that runoff traverses the area as sheet flow and is not concentrated. Fill material shall be free of organic material except as may be determined by a design professional to be suitable. Roadway fills shall be placed in lifts and compacted to a minimum of ninety five percent (95%) of the maximum density as determined by the AASHTO T-99 or ASTM D-698 compaction procedure, or as specified in the design professional's report.

   D.   Except where roads or driveways cross property lines, the tops and toes of cut and fill slopes shall be set back from property boundaries one-half (1/2) of the height of the slope with a minimum of five feet (5') and a maximum of twenty feet (20'), unless the design professional has demonstrated that smaller setbacks provide a sufficient measure of safety and stability for activities which may occur on adjacent property.

   E.   Terracing shall be required on all cut or fill slopes which exceed fifty feet (50') in height. Spacing, width, and drainage requirements of the terrace(s) shall be determined by the design professional. (Ord. 493, 6-9-2016)

   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.

   E.   The property owner, contractor, and design professional shall be responsible for the design and construction of revised temporary erosion and sedimentation control if application of the approved plan fails. The applicant shall immediately notify the director of alterations to plans.

   F.   All cut and fill slopes shall be revegetated or otherwise protected from erosion to the greatest extent practicable. (Ord. 493, 6-9-2016)

   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.

   B.   Culvert size within public rights of way shall be determined by the public highway agency with jurisdiction. All other culvert sizing shall be done by an appropriate design professional.

   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. Runoff from impervious and pervious surfaces shall be considered in meeting this requirement.

   D.   Where treatment of stormwater runoff is required prior to infiltration over the Rathdrum Prairie Aquifer, the runoff shall be conveyed to treatment areas with limited infiltration prior to treatment. (Ord. 493, 6-9-2016)

   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. Stormwater shall be mitigated utilizing bioinfiltration swales, as referenced in DEQ’s catalog of best management practices, or treated on site with existing natural vegetation if the characteristics of the parcel provide treatment.

      1.   Subdivisions: Site disturbance management plans will be required for subdivision utilizing calculations for detention and conveyance that include runoff from the proposed improvements.

      2.   Commercial Or Industrial Development: Site disturbance plans are required for commercial or industrial development utilizing calculations for detention and conveyance that includes runoff from the proposed improvements. Stormwater treatment of the first one-half inch (1/2") of runoff from all access and parking lot impervious surfaces shall be requested prior to discharge of the stormwater overland or to ground or surfae waters. Stormwater runoff from rooftops and other similar impervious surfaces is not required to be mitigated with treatment BMPs, but shall be properly managed to infiltrate on the property or to otherwise comply with the detention requirements of this article.

      3.   Common Driveways And Private Roads: Whenever a site disturbance plan is required for common driveway or private road development, calculations for detention and conveyance must be utilized that include the runoff from the proposed improvements.

      4.   Residential Development On Individual Parcels:

         a.   Whenever a site disturbance plan is required for residential development on an individual parcel, calculations must be utilized for detention and conveyance that include runoff from the proposed improvements. Stormwater treatment of the first one-half (½") inch of runoff from all access, parking areas, and other similar impervious surfaces shall be required prior to discharge of the stormwater overland or to ground or surface waters. Stormwater runoff from rooftops and other similar impervious surfaces is not required to be mitigated with treatment BMPs, but shall be properly managed to infiltrate on the property or to otherwise comply with the detention requirements of this article.

         b.   For replacement, or additions or alterations to existing site improvements where no stormwater system has previously been required, stormwater shall be managed utilizing a combination of stormwater treatment and erosion control BMPs to produce no net increase in the pollutant export from the site’s previously existing conditions.

   B.   BMP Efficiency Testing Not Required: On-site post-construction testing of BMP treatment efficiency will not be required by the County. The stormwater management plans must show that the proposed BMPs are anticipated to meet or exceed the treatment efficiencies listed above. Expected treatment efficiencies shall be included in the County's Manual of Best Management Practices or the Plan Criteria manual. The development of the BMP list and required range of removal effectiveness is not intended to limit the use of new or innovative treatment procedures that may be developed through the creativity of the design professional preparing the stormwater management plan. New approaches and procedures will be considered and approved with the submittal of the appropriate support data that confirms the effectiveness of the proposed new treatment method, its use related to site constraints, and the maintenance burden it will produce if adopted and utilized. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

Springs and other groundwater sources that are encountered during grading or excavation activity shall be returned to subsurface flow where possible or conveyed through the site by an appropriate means of conveyance that shall be nonerosive, avoids sediment transport, and dissipates energy, all to be conducted in accordance with best management practices. For high risk sites, the design professional shall ensure that the groundwater will not interfere with the implementation or function of the planned stormwater or erosion control improvements. (Ord. 493, 6-9-2016)

   A.   A down-gradient analysis shall be required for all high risk sites unless waived by the Director. The analysis is meant to identify and evaluate down-gradient adverse impacts that could result from the proposed development. Common adverse impacts of land development may include erosion, flooding, slope failures, altered runoff patterns, increased presence of groundwater, or reduced groundwater recharge (to springs, streams, wetlands, and wells, etc.) Site disturbance plans shall be designed to mitigate adverse impacts identified in the down-gradient analysis. Typically, the analysis should extend 500 feet down gradient and may be limited in scope by lack of access to adjacent properties.

   B.   If there are existing or potential off-site drainage problems down-gradient of the development, it shall be demonstrated that the proposed stormwater disposal system has been designed to meet all of the following conditions:

      1.   The stormwater runoff leaves the site in the same manner as that of the pre-developed condition;

      2.   Reduced or increased groundwater recharge has been considered with respect to potential adverse impacts on the down-gradient features; and

      3.   The proposed design does not aggravate an existing drainage problem or create a new drainage problem. (Ord. 546, 10-17-2019)

   A.   When Required: A geotechnical analysis shall be required for proposed building sites, roads, driveways or other development in locations where:

      1.   Soils classified as colluviums are present on the parcel proposed for development in locations proposed for construction activities;

      2.   The locations proposed for construction activities include slopes of fifteen percent (15%) or more;

      3.   The locations proposed for construction activities include high water table soils;

      4.   There are scarps; slumps, seeps; boulder piles, fresh deposit of rock, soil, or debris; ponds in irregular depressions above the valley floor; cracks; bare soils; indications of earth movement based on its impact on vegetation; or other geologic features that may be unstable, or that are indicators of unstable conditions, as determined by the Director.

   B.   Geotechnical Analysis Requirements:

      1.   The geotechnical analysis shall be stamped and signed by an Idaho licensed civil or geological engineer having sufficient education and experience to prove competency in the field of geotechnical engineering.

      2.   The geotechnical analysis shall explain the geologic and hydrologic features of the area, shall evaluate the suitability of the site for intended building, structures, and uses, shall identify potential problems relating to the geology and hydrology, shall summarize the data upon which conclusions are based, and shall propose mitigation measures. (Ord. 546, 10-17-2019)

   A.   Purpose: The purpose of stream protection buffers is to ensure that prior to, during, and after construction operations, streambeds, streamside vegetation and other existing physical characteristics are protected in order to maintain water quality and to protect property and aquatic habitat.

   B.   Applicability: The requirements for stream protection buffers shall apply to all class 1 streams, class 2 streams, and naturally occurring drainage swales, but shall not apply to the shorelines of any recognized lake or the Coeur d'Alene River or Spokane River.

   C.   Dimensions:

      1.   Class 1 stream protection buffer: The area encompassed by a slope distance of seventy five feet (75') on each side of the ordinary high water mark.

      2.   Class 2 stream protection buffer: The area encompassed by a minimum slope distance of thirty feet (30') on each side of the ordinary high water mark.

      3.   Naturally occurring drainage swale protection buffer: The area encompassed by a minimum slope distance of five feet (5') on each side of the top of a naturally occurring drainage swale. In no case shall this protection buffer have a total width greater than thirty feet (30').

      4.   For parcels legally created prior to January 1, 1997, the width of any stream protection buffer may be reduced to forty percent (40%) of the dimension of the parcel which is intersected by the stream.

   D.   Standards:

      1.   Application of fertilizer to turf grass and storage of chemicals which may adversely impact water quality, such as petroleum products, pesticides, fertilizers and similar liquids or compounds, are prohibited in stream protection buffers.

      2.   No mechanical ground disturbance shall be permitted within stream protection buffers except at identified and permitted stream or river crossings. Only the use of hand tools shall be allowed when necessary to develop or establish a permitted use or activity unless they are to be performed within an identified and permitted crossing. When disturbance is necessary across or inside a stream protection buffer, it shall be done in such a manner as to minimize stream bank vegetation and channel disturbance. The extent of any such disturbance shall be clearly indicated in a site disturbance plan.

      3.   When a stream protection buffer must be crossed, adequate structures to carry water flow shall be installed. Crossings and their approaches shall be at right angles to the channel or otherwise configured to minimize the disturbance within the stream protection buffer or shoreline protection buffer. Construction of hydraulic structures in river channels shall conform to the requirements of the stream channel protection act, title 42, chapter 38, Idaho Code. All temporary crossings shall be removed immediately after use.

      4.   Shading, wildlife cover, and water filtering effects of vegetation shall be maintained along all stream protection buffers as outlined in the IFPA and the rules pertaining to the Idaho forest practices act, IDAPA 20.02.01 (IFPA rules).

      5.   Large organic debris (LOD) shall be maintained along all stream protection buffers as outlined in the IFPA and the IFPA rules.

      6.   Site improvements or conditions which lie within a stream protection buffer may be replaced or altered in a manner which complies with the following standards:

         a.   No addition or alteration encroaches farther into the stream protection buffer than the preexisting improvements; and

         b.   Site disturbing activity within the stream protection buffer is minimized to the greatest extent possible; and

         c.   All other requirements of this article are met.

      7.   One stairway or walkway, associated stairway landings, and a tram may encroach within a stream protection buffer. Stairways and walkways shall not exceed four feet (4') in width. Stairway landings shall not exceed six feet (6') in width or length. Such structures shall not be constructed in a manner that is substantially parallel to the stream, except that switchback designs that provide access from higher elevations to lower elevations are permitted whenever such designs are necessary due to steep slopes.

      8.   Vegetation modification to implement an approved wildfire mitigation plan or in conjunction with noxious weed abatement is permitted.

      9.   Installation of water intake lines, power lines, and similar linear infrastructure is permitted, provided that site disturbing activities within the stream protection buffer are minimized and remediated to the greatest extent possible.

      10.   Planting of native vegetation in conjunction with any remediation or modification activity permitted pursuant to this section is encouraged.

   E.   Development Exceptions Within A Stream Protection Buffer:

      1.   Mechanical ground disturbances not associated with development and not otherwise permitted in subsection D of this section may be permitted within a stream protection buffer, so long as the applicant can adequately demonstrate the necessity of such activity through the submittal of a stream protection plan prepared by a design professional. To approve an exception, the director must find that the risk to water quality will be less than or equal to the risk if the work were performed by hand.

      2.   Development and associated mechanical ground disturbances may be permitted within a stream protection buffer for maintenance, repair or replacement of existing structures or improvements, or to remedy significant erosion, structural integrity, or bank stabilization problems, so long as the applicant can adequately demonstrate the necessity of such activities through the submittal of a stream protection plan prepared by a design professional. To approve an exception, the director must make the following findings:

         a.   The risk to water quality will be less than or equal to the risk if the work were performed by hand;

         b.   The work proposed is the minimum necessary to control or remediate the erosion, structural integrity, or bank stabilization problem, or to complete the necessary maintenance, repair or replacement; and

         c.   Agencies with jurisdiction have been provided the opportunity to review and comment. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Purpose: The shoreline management area is an area of concern for Kootenai County because certain activities within this area have the potential to impact water quality of adjacent water bodies due to their proximity. Therefore, special consideration of this area is provided herein to ensure that prior to, during, and after construction operations, water quality, aquatic habitat, and property are protected, while recognizing the rights of property owners to have appropriate use of their property and to be able to protect their property from erosion.

   B.   Applicability And Dimensions: A shoreline management area of twenty five feet (25') in slope distance landward of the ordinary high water mark of all recognized lakes, the Coeur d'Alene River, and the Spokane River, is hereby established. The shoreline management area shall be maintained as set forth in this section.

   C.   Ordinary High Water Marks:

      1.   For purposes of this article, ordinary high water marks shall be considered to be the following elevations according to the North American vertical datum of 1988 (NAVD88):

 

      Note:

         1.    Equivalent to 2,128.0 per Avista (WWP) datum.

      2.   The ordinary high water marks for all other water bodies shall be determined by on site inspection of evidence of historical water levels.

   D.   Prohibited Activities:

      1.   Application of fertilizer to turf grass and storage of chemicals which may adversely affect water quality, such as petroleum products, pesticides, fertilizers and similar liquids or compounds.

      2.   Mechanical ground disturbances, except as permitted in this section.

   E.   Permitted Activities: The following improvements and activities, including associated mechanical ground disturbances, are permitted within the shoreline management area:

      1.   Construction of stairways, walkways, stairway landings, and trams.

         a.   Except as permitted in subsection E1b of this section, one stairway or walkway, associated stairway landings, and a tram shall be allowed to encroach within a parcel's shoreline management area. One additional stairway or walkway, associated stairway landings, and a tram shall be permitted whenever a parcel exceeds two hundred fifty feet (250') of shoreline frontage as determined by the Kootenai County assessor or an Idaho licensed surveyor. One more additional stairway or walkway, associated stairway landings, and a tram shall be permitted for each two hundred fifty feet (250') of shoreline frontage thereafter.

         b.   Stairways, walkways, stairway landings and trams associated with a commercial marina or community dock, as those terms are defined in the rules for the regulation of beds, waters, and airspace over navigable lakes in the state of Idaho, IDAPA 20.03.04, or other commercial use permitted through the Idaho department of lands, shall be permitted to enable access to dock facilities as approved by IDL.

         c.   Stairways and walkways within the shoreline management area shall not exceed four feet (4') in width. Stairway landings within the shoreline management area shall not exceed six feet (6') in width or length. Stairways, walkways and stairway landings within the shoreline management area which are associated with a commercial marina, community dock, or other IDL permitted commercial use may exceed these dimensions only to the extent necessary to comply with accessibility standards under applicable federal, state or local laws, rules, regulations or building codes.

         d.   Such structures shall not be constructed in a manner that is substantially parallel to the shoreline, except that switchback designs that provide access from higher elevations to lower elevations are permitted whenever such designs are necessary due to steep slopes or to comply with accessibility standards under applicable federal, state or local laws, rules, regulations or building codes.

      2.   The repair, replacement, alteration, and relocation of existing site improvements, including, without limitation, landscaping, retaining walls, and shoreline protection revetments. If a site disturbance plan is not otherwise required, the owner shall submit a site plan showing all activities to be performed within the shoreline management area. The site plan shall be approved if it demonstrates that the proposed activities will not create significantly new impervious areas or other significant water quality impacts.

      3.   Installation of water intake lines, pump houses, power lines, and similar linear infrastructure.

      4.   Removal of structures or debris created or deposited by wildfire, flooding, or other acts of nature.

      5.   Vegetation modification to implement an approved wildfire mitigation plan or in conjunction with noxious weed abatement.

      6.   The use of mechanical and other equipment for removal of dead or dying trees, shoreline debris, and other similar activities related to routine maintenance.

      7.   Seating, picnic and barbecue areas, and recreational equipment which do not cause more than a de minimis disturbance of the shoreline management area.

      8.   Shoreline erosion control measures, including, without limitation, the following:

         a.   Willow wall construction;

         b.   Willow walls with a brush layer base;

         c.   Live cribwall construction;

         d.   Cordon construction;

         e.   Live fascine construction;

         f.   Cedar bender board fencing;

         g.   The use of coir fiber rolls (a natural fiber extracted from the husk of coconut) and native or noninvasive plant materials; or

         h.   The use of six (6) to twelve inch (12") cobble and angular stone along with overhanging native or noninvasive plant materials to keep the sun from heating rocks and water.

      If a site disturbance plan is not otherwise required, the owner shall submit a site plan showing all activities to be performed within the shoreline management area. The site plan shall be approved if it demonstrates that the proposed activities will not create significantly new impervious areas or other significant water quality impacts.

      9.   Routine pruning, trimming, and other well recognized horticultural and silvicultural practices.

      11.   Pervious pavers, wood or composite decking, and similar types of construction which do not concentrate runoff and do not cause more than a de minimis disturbance of the Shoreline Management Area.

      12.   Planting of native vegetation in conjunction with any remediation or vegetation modification activity permitted pursuant to this section is encouraged.

   F.   Development Exceptions Within The Shoreline Management Area:

      1.   Mechanical ground disturbances not associated with development and not otherwise permitted in subsection E of this section may be permitted within the shoreline management area, so long as the applicant can adequately demonstrate the necessity of such activity through the submittal of a shoreline management plan prepared by a design professional. To approve an exception, the director must find that the risk to water quality will be less than or equal to the risk if the work was performed by hand.

      2.   Development and associated mechanical ground disturbances may be permitted within the shoreline management area for maintenance, repair or replacement of existing structures or improvements, or to remedy significant erosion, structural integrity, or shoreline stabilization problems, so long as the applicant can adequately demonstrate the necessity of such activities through the submittal of a shoreline management plan prepared by a design professional. To approve an exception, the director must make the following findings:

Whenever the director determines that an existing excavation, embankment, fill, or roadway on private property has become a hazard to life and limb; endangers other property, adversely affects the safety, use, or stability of a public or private access, drainage channel, or adjacent or contiguous properties, the director may require the property owner to correct the hazard. The director shall give notice in writing to the owner specifying the period in which the hazard is to be corrected. The hazard shall be corrected within the period specified in the notice. Failure to correct the hazard within the period specified in the notice shall constitute a violation subject to the provisions of chapter 8, article 8.6 of the article. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   General: All activities subject to the permitting requirements of this article shall be subject to inspection by the department. An approved set of plans must be available for review on site whenever work is in progress. It shall be the permittee's responsibility to keep the department notified of the progress of the project and call for all required inspections.

   B.   High Risk Sites:

      1.   At a minimum, two (2) inspections shall be required for high risk sites:

         a.   After erosion and sedimentation controls have been installed, prior to ground disturbance; and

         b.   After the project has been completed, including revegetation.

      2.   For sites which are active during the winter, two (2) additional inspections shall be required:

         a.   After the site has been prepared for the winter (typically in September or October); and

         b.   Sometime in January or February to ensure that the erosion and sedimentation control measures are adequate and maintained.

      3.   The permittee's design professional shall perform the inspections and submit inspection reports to the director.

   C.   Moderate And Low Risk Sites: For moderate and low risk sites, the director shall determine what inspections are necessary. The director, or their designee, shall conduct the inspections for moderate risk sites. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

Maintenance requirements and responsibility shall be clearly identified for all projects where BMPs are employed, including BMPs for erosion and sedimentation control and stormwater management. When a stormwater system is designed to service more than one parcel, a maintenance agreement between all parties which benefit from the system must be established, including assurance of adequate funding. Easements across private property for maintenance access to community stormwater systems shall also be required where necessary. All maintenance agreements must be approved by the director.

In the event that appropriate maintenance of any stormwater system is not conducted, the county shall have the option of requiring the property owner or association to provide for maintenance, or take other enforcement measures as outlined in chapter 8, article 8.6 of this title. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

The following actions shall be violations of this article:

   A.   Where a permit is required, failure to obtain a permit prior to the start of grading activity;

   B.   Failure to call for inspections as required by this article;

   C.   Once grading activity has begun, failure to complete the grading activity and install the necessary erosion and sedimentation control, stormwater management, and slope stabilization measures, in a timely manner;

   D.   Failure to maintain temporary and permanent erosion and sedimentation control measures, the stormwater management system, or slope stabilization measures;

   E.   Conduct work on a site which exceeds the scope of work outlined in the approved plans;

   F.   Damage or otherwise impede the function of a stormwater system;

   G.   Export sediment from a site in a manner not authorized by this article;

   H.   Continue work at a site after a stop work order has been placed;

   I.   Discharge stormwater in a manner not authorized by this article;

   J.   Failure to correct a hazard as outlined in section 8.7.110 of this article; and

   K.   Engaging in construction activities within a stream protection buffer or shoreline management area other than those permitted in section 8.7.108 or 8.7.109 of this article. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   General: The director shall administer the provisions of this article in a manner consistent with other provisions of this code. The board of county commissioners may, by resolution, adopt design standards, plan criteria, best management practices, administrative procedures, fee schedules, etc., intended to implement the requirements and standards set forth in this article. Changes in the supporting documents may be accomplished by subsequently adopted resolution.

   B.   Outside Review Assistance: The director may request a second opinion from a design professional regarding any permitted or proposed work under this article at any time. The cost of such a second opinion shall be borne by the county.

   C.   Duration of Permit: Whenever a site disturbance permit is issued in conjunction with a duly issued building permit, the site disturbance permit shall expire one (1) year from the time of issuance of a certificate of occupancy or, if no certificate of occupancy will be issued, the date on which a satisfactory final inspection occurred. Otherwise, the site disturbance permit shall expire two (2) years from the date of issuance. The Director may grant a one-time extension for up to one (1) additional year on written request by the permittee showing that circumstances beyond the control of the permittee have prevented work authorized by the permit. In lieu of these time periods, the Director may set specific shorter time limits on the permit for project initiation and completion for environmental reasons or for coordination with other permitted site work.

   D.   Financial Guarantees:

      1.   The owner of any parcel where work will be performed pursuant to an approved site disturbance plan shall provide a financial guarantee to ensure that erosion, sediment control, and stormwater management improvements will be completed, as set forth in this subsection.

         a.   The owner shall provide a financial guarantee to the department before a site disturbance permit may be issued for development of subdivision infrastructure, commercial and industrial development, or development within a high risk site.

         b.   For all other work to be completed in accordance with an approved site disturbance plan, the director may require the owner to provide a financial guarantee for any work not completed at the time of final inspection.

      2.   The design professional shall provide an estimate of the cost to implement the improvements to be covered by the financial guarantee based on then current local construction costs, including, without limitation, labor and materials. The amount of the financial guarantee shall be as determined by the director, but shall not exceed one hundred fifty percent (150%) of the estimated cost.

      3.   The design professional must submit a letter to the department certifying that the permitted development is complete and is compliant with the requirements of this article before a financial guarantee can be released. If the ownership of the property has changed since the financial guarantee was provided, the financial guarantee shall be released to the current property owner of record.

      4.   If the required improvements have not been completed by the specified date, the department may contract to have the site brought into compliance with the applicable requirements of this article with the money from the associated financial guarantee. The department may also take additional enforcement measures as provided by law. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019; Ord. 570, 9-16-2021)

   A.   Erosion Risk Assessment: Erosion risk shall be determined as follows:

      1.   Slope: Slope, measured in percent, as an average across the area to be disturbed.

 

 

      2.   Soil K Factor: Soil K factor, for water erosion susceptibility, as indicated in the "Soil Survey Of Kootenai County Area, Idaho", or other supplementary study. The highest K factor within the proposed disturbed soil profile will be used. Soil type from the soil survey will be verified on site by physical description.

 

 

      3.   Proximity To Surface Water: Proximity to surface water or any feature which conveys water to surface water. Surface water includes all lakes, rivers, streams, wetlands, and similar features. Conveyance features may include natural or manmade ditches. Ponds, springs, or similar features that are contained within the property shall not be considered surface water features. Distance is measured along the slope from the closest boundary of the proposed disturbance to the conveyance or surface water feature.

 

 

      4.   Disturbed Area: Amount of disturbed area, expressed as a percentage of the parcel area. Areas to be disturbed during installation of utilities must be included.

 

 

      5.   Buffer Strip: If the project has a usable buffer strip which provides the appropriate level of treatment for the type of project proposed, subtract ten (10) points.

      6.   Risk Category: The points for each factor shall be added and the risk category shall be determined from the point total as follows:

 

 

   B.   Stormwater Risk Assessment: Stormwater risk shall be determined as follows:

      1.   Slope: Slope, measured in percent, as an average across the area to be disturbed.

 

 

      2.   Soil Permeability: Soil permeability, measured in inches per hour as indicated in the "Soil Survey Of Kootenai County Area, Idaho", or other supplementary study. The lowest permeability in the soil horizon shall be used. Soil type from the soil survey will be verified on site by physical description.

 

 

      3.   Proximity To Surface Water: Proximity to surface water or any feature which conveys water to surface water. Surface water includes all lakes, rivers, streams, wetlands, and similar features. Conveyance features may include natural or manmade ditches. Ponds, springs, or similar features that are contained within the property shall not be considered surface water features. Distance is measured along the slope from the closest boundary of the proposed disturbance to the conveyance or surface water feature.

 

 

      4.   Impervious Surfaces: Impervious area ratio, expressed as a percentage of the parcel area covered with impervious surfaces.

 

 

      5.   Total Impervious Area: Total impervious area, expressed in square feet.

 

 

      6.   Drainage Crossing: Drainage crossing proposed. If the project requires crossing a conveyance channel or drainage, add five (5) points.

      7.   Buffer Strip: If the project has a usable buffer strip which provides the appropriate level of treatment for the type of project proposed, subtract ten (10) points.

      8.   Risk Category: The points for each factor shall be added and the risk category shall be determined from the point total as follows:

 

 

(Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Applicability: The provisions of this article shall apply to all special flood hazard areas within the jurisdiction of Kootenai County. Nothing in this ordinance is intended to allow uses or structures that are otherwise prohibited by other provisions of this title.

   B.   Findings Of Fact:

      1.   The special flood hazard areas of Kootenai County are subject to periodic inundation that results in the following adverse effects on the public health, safety, and general welfare:

         a.   Loss of life and property;

         b.   Health and safety hazards;

         c.   Disruption of commerce and governmental services;

         d.   Extraordinary public expenditures for flood relief and protection; and

         e.   Impairment of the tax base.

      2.   These flood losses are caused by structures in flood hazard areas which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

      3.   Pursuant to the authorities set forth in section 8.1.102 of this title, local governments have the primary responsibility for planning, adopting, and enforcing land use regulations to accomplish proper floodplain management.

   C.   Methods Of Reducing Flood Losses: In order to accomplish its purposes, this article includes methods and provisions for:

      1.   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

      2.   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

      3.   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

      4.   Controlling filling, grading, dredging, and other floodplain development which may increase flood damage;

      5.   Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazard in other areas; and

      6.   Requiring adherence to the regulations pertaining to erosion and sediment control, and stormwater management, contained in article 7.1 of this chapter.

   D.   Basis For Special Flood Hazard Areas: The special flood hazard areas identified by FEMA in its Flood Insurance Study (FIS) for Kootenai County, Idaho, and Incorporated Areas, dated May 3, 2010, with accompanying Flood Insurance Rate Maps (FIRM) and/or Digital Flood Insurance Rate Maps (DFIRM), and other supporting data, are hereby adopted by reference and declared to be a part of this article. The FIS and the FIRM are on file with the Department. Additional special flood hazard areas may be designated in accordance with the procedures set forth in subsection 8.7.205D of this article.

      1.   Base Flood Elevations Established: For purposes of this article, base flood elevations for the following lakes shall be considered to be the following elevations, as established in the FIS, according to the North American Vertical Datum of 1988 (NAVD88):

 

         * Base Flood Elevation for Lake Pend Oreille established in the Bonner County FIS, as referenced in FEMA product ID#16017CV00013.

      2.   Base flood elevations for other bodies of water shall be determined through consideration of information provided by FEMA or other authoritative sources. Any affected person contesting the location of the boundary shall be given a reasonable opportunity to appeal any such interpretations in accordance with chapter 8, article 8.5 of this title.

   E.   Establishment Of Floodplain Development Permit: A floodplain development permit shall be required in conformance with the provisions section 8.7.205 of this article before any floodplain development may begin.

   F.   Compliance: No structure or land within a special flood hazard area shall hereafter be located, constructed, developed, extended, converted, or altered in any way except in full compliance with the terms of this article and other applicable provisions of this title and Title 7, Chapter 1 of this code. This subsection shall not apply to routine maintenance of structures or to agricultural or forestry activities. (Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019)

   A.   Description: Located within special flood hazard areas are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential.

   B.   Restrictions On Development In Floodways: No floodplain development shall be permitted in any designated floodway except new construction solely for the replacement or substantial improvement of an existing residential or commercial structure and accessory buildings in conjunction with an existing residential or commercial use, and except as otherwise provided in this section. Additionally, access roads may be permitted to cross the floodway where no alternative access ways which do not encroach on the floodway are possible. All floodplain development permitted in a floodway shall comply with the following standards:

      1.   Floodplain development based on a no-rise certification.

         a.   For approval of a floodplain development permit for floodplain development within a floodway based on a no-rise certification, a qualified professional engineer licensed by the State of Idaho must submit a no-rise certification which demonstrates, through hydrologic and hydraulic analyses prepared in accordance with standard engineering practice (with supporting technical data), that the proposed floodplain development would not result in an increase in flood levels during the occurrence of the base flood.

         b.   All foundations for new construction and substantial improvement shall be designed by a qualified engineer licensed by the State of Idaho and constructed to withstand the hydrodynamic and hydrostatic pressures during the discharge of the base flood. If flood velocities are excessive (greater than four feet (4') per second), foundation systems other than solid foundation walls are required so that obstructions to damaging flows are minimized.

      2.   Floodplain Development Based On An Approved CLOMR: A Conditional Letter of Map Revision (CLOMR) approved by FEMA may be submitted with a floodplain development permit application in lieu of a no-rise certification. A Letter of Map Revision (LOMR) must be obtained within six (6) months of the start of construction of the proposed floodplain development.

   3.   On existing lots of record where sufficient lot area is available, all floodplain development, including fill, new construction, and substantial improvements to existing structures shall occur outside of the floodway.

      4.   Construction pursuant to subsection 8.7.204(I), "Alteration And Maintenance Of Watercourses", of this article is allowed in floodways with a floodplain development permit.

      5.   Encroachments:

         a.   A floodplain development permit shall be required for all encroachments, regardless of whether or not the encroachment is in aid of navigation.

         b.   All permits required by other agencies with jurisdiction shall have been issued before a floodplain development permit may be issued.

         c.   The Director shall issue a floodplain development permit for an encroachment if the applicable requirements of section 8.7.203 of this article have been met.

      6.   A structure that increases the level of the base flood may be constructed in the floodway only if the Director finds that the structure would serve a substantial public interest, and the applicant has applied for a conditional FIRM and floodway revision, has fulfilled applicable FEMA requirements for such revisions, and has received the approval of the Federal Insurance Administrator. (Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019; Ord. 561, 12-17-2020)

   A.   Building sites shall be reasonably safe from flooding.

   B.   All floodplain development, including new construction and substantial improvements to existing structures, shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure.

   C.   All floodplain development, including new construction and substantial improvements to existing structures, shall be constructed with building materials and utility equipment that are resistant to flood damage. Below base flood elevation, materials must meet FEMA requirements for flood resistant materials. Information on flood resistant materials is outlined in FEMA publication FIA-TB-2.

   D.   All floodplain development, including new construction and substantial improvements to existing structures, shall use methods and practices that minimize or eliminate flood damages.

   E.   New and replacement electrical, heating, ventilation, plumbing, air conditioning equipment, aboveground storage tanks and other service facilities shall not be located below the base flood elevation.

   F.   Design and implementation of utility systems required for floodplain development are subject to approval.

   G.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. If any portion of a public water system is in a special flood hazard area, an emergency flood response plan must be developed and provided to DEQ, Kootenai County and PHD. This plan must be implemented in the event that floodwaters threaten to contaminate the water system, and must include:

      1.   Written instructions to the operator addressing circumstances necessitating shutdown of the water system,

      2.   Instructions for disinfecting and testing the system prior to startup, and

      3.   A protocol for notifying DEQ, PHD and all users when the water system is at risk of being contaminated.

   H.   New community or individual sanitary sewage disposal systems shall be located outside special flood hazard areas.

   I.   For new construction and substantially improved structures, a fully enclosed area which is below the lowest floor shall:

      1.   Be constructed entirely of flood resistant materials to at least the flood protection elevation; and

      2.   In Zones A and AE, flood openings shall be included which automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect, or must meet or exceed the following minimum design criteria:

         a.   A minimum of two (2) flood openings on different sides of each enclosed area subject to flooding;

         b.   The total net area of all flood openings must be at least one square inch (one (1) sq. in.) for each square foot of enclosed area subject to flooding;

         c.   If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;

         d.   The bottom of all required flood openings shall be no higher than one foot (1') above exterior adjacent grade;

         e.   Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and

         f.   Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.

   J.   If there is no alternative to locating a replacement sanitary sewage disposal system within a special flood hazard area, the system shall be designed and located to minimize or eliminate both the infiltration of floodwaters into the system, and discharge from the system into floodwaters. The determination that there is no alternative will be made by the Director with input from PHD and/or DEQ.

   K.   New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted except by variance approved pursuant to section 8.8.203 of this title. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated to at least the flood protection elevation and certified in accordance with the provisions of subsection 8.7.204(C) of this article.

   L.   All required Federal and State permits must be received before a County floodplain development permit, building permit, or site disturbance permit may be issued.

   M.   New floodplain development shall not increase flood heights except as permitted in this chapter.

   N.   When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

   O.   When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation (BFE) shall apply. (Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019)

   A.   Residential Structures:

      1.   New and replacement residential structures, accessory living units, and all improvements to residential structures, including manufactured homes and mobile homes, regardless of whether they meet the definition of a "substantial improvement", shall have the top of the lowest floor, including the floor of an attached garage or basement, elevated no lower than the flood protection elevation except as provided in paragraph (D)(1) of this section.

      2.   Solid perimeter foundation walls are allowable only if the lowest horizontal structural member is four feet (4') or less above interior grade (shown as “L” in Illustration 7-201). Enclosed foundation areas below the lowest floor that are subject to flooding are prohibited, except crawl spaces less than four feet (4') in height and meet or exceed the following criteria:

         a.   The interior grade of a crawlspace below the BFE must not be more than two feet (2') below the lowest adjacent exterior grade (LAG), shown as “D” in Illustration 7-201.

         b.   A minimum of two (2) openings on different sides of each enclosed area, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot (1') above lowest adjacent exterior grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

         c.   There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles, or gravel or crushed stone drainage by gravity or mechanical means.

         d.   Fill may be used to elevate the grade next to foundation walls so long as the fill meets the requirements of subsection H of this section.

         e.   The velocity of floodwaters at the site should not exceed five feet per second (5 ft/sec) for any crawl space. For velocities in excess of five feet per second (5 ft/sec), other foundation types should be used.

         f.   Below-grade crawl space construction in accordance with the requirements listed in this subsection will not be considered a basement.

      3.   If the lowest horizontal structural member is more than four feet (4') above grade, the residential structure shall not be built on solid foundation walls, but shall be constructed on piers, posts, or piles. With the exception of structural piers, posts or piles, the space below the lowest floor must be free of obstruction. Single layer open wood lattice work or light mesh insect screening is permissible below the lowest floor. Exceptions to the pier, post, or pile construction are as follows:

         a.   Solid foundations under masonry chimneys are permissible.

         b.   Solid perimeter foundation walls may be permitted for an enclosed accessway to the structure. Such accessways must meet the same requirements for openings as crawl spaces.

         c.   Solid foundation walls that do not create an enclosed foundation area (1 or 2 walls) are acceptable provided that the walls are engineered and constructed to withstand the hydrodynamic pressure of water velocity and debris and ice flow.

      4.   Where base flood elevation data is not available either through the flood insurance study or from another authoritative source, applications for building or location permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. In such locations, the top of the lowest floor of structures must be elevated at least four feet (4') above the highest adjacent grade.

   B.   Residential Accessory Structures:

      1.   Separate structures which are accessory to a residential use (e.g., garage, barn) are not required to be elevated as outlined in subsection A of this section. For purposes of this article, accessory living units shall be considered to be residential structures, and shall comply with the applicable requirements of subsection 8.7.204A of this article.

      2.   Residential accessory structure shall be designed to comply with the requirements of paragraph 8.7.203I.2. of this article.

      3.   Crawl spaces and other enclosed foundation areas shall comply with the requirements of paragraph A2 of this section.

      4.   As part of any addition to an existing residential accessory structure, the existing structure shall comply with the requirements for openings as outlined in paragraph A2 of this section.

      Illustration 7-201
      Construction Diagram

   C.   Nonresidential Structures:

      1.   New and replacement nonresidential structures, and all improvements to nonresidential structures, regardless of whether they meet the definition of a "substantial improvement", shall have the top of the lowest floor, including the floor of an attached garage or basement, elevated a minimum of three feet (3') above the base flood elevation.

      2.   Solid perimeter foundation walls are allowable only if the lowest horizontal structural member is four feet (4') or less above interior grade. Enclosed foundation areas below the lowest floor that are subject to flooding are prohibited except for crawl spaces less than four feet (4') in height. Designs for meeting this requirement shall comply with the requirements of paragraph A2 of this section.

      3.   If the lowest horizontal structural member is more than four feet (4') above grade, the structure shall not be built on solid foundation walls, but shall be constructed on piers, posts, or piles. With the exception of structural piers, posts or piles, the space below the lowest floor must be free of obstruction. Single layer open wood lattice work or light mesh insect screening is permissible below the lowest floor. Exceptions to the pier, post, or pile construction are as follows:

         a.   Solid foundations under masonry chimneys are permissible.

         b.   Solid perimeter foundation walls may be permitted for an enclosed accessway to the structure. Such accessways must meet the same requirements for openings as crawl spaces.

         c.   Solid foundation walls that do not create an enclosed foundation area (1 or 2 walls) are acceptable provided that the walls are engineered and constructed to withstand the hydrodynamic pressure of water velocity and debris and ice flow.

      4.   Where base flood elevation data is not available either through the flood insurance study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. In such locations, the top of the lowest floor of structures must be elevated at least four feet (4') above the highest adjacent grade.

   D.   Additions And Improvements:

      1.   Structures originally constructed prior to March 1, 1982 (Pre-FIRM structures):

         a.   If additions and improvements to pre-FIRM structures, in combination with any interior modifications to the existing structure, do not constitute a substantial improvement, the additions and improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure.

         b.   If additions and improvements to pre-FIRM structures, in combination with any interior modifications to the existing structure, constitute a substantial improvement, both the existing structure and the additions and improvements must comply with the standards for new construction set forth in this article.

      2.   Structures originally constructed on or after March 1, 1982 (Post-FIRM structures):

         a.   Additions to post-FIRM structures that constitute a substantial improvement shall require only the addition to comply with the standards for new construction set forth in this article so long as there are no modifications to the existing structure other than a standard door in the common wall.

         b.   If additions and improvements to post-FIRM structures, in combination with any interior modifications to the existing structure, do not constitute a substantial improvement, only the additions and improvements will be required to comply with the standards for new construction set forth in this article; or

         c.   If additions and improvements to post-FIRM structures, in combination with any interior modifications to the existing structure, constitute a substantial improvement, both the existing structure and the additions and improvements shall be required to comply with the standards for new construction set forth in this article.

      3.   Any substantial improvement must comply with the standards for new construction set forth in this article. Improvements completed within the previous five (5) year period shall be counted cumulatively. If a structure has sustained substantial damage, any repairs shall be considered substantial improvements regardless of the actual repair work performed. The requirement does not, however, include either:

         a.   Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to ensure safe living conditions; or

         b.   Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

   E.   Manufactured Homes And Mobile Homes:

      1.   All manufactured homes and mobile homes to be placed or substantially improved within A zones on the FIRM shall be elevated on a permanent foundation in compliance with section 8.7.203 of this article and subsection A of this section.

      2.   Manufactured homes and mobile homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by a certified engineered foundation system, or in accordance with the most current edition of the Idaho Division of Building Safety's Idaho Manufactured Home Installation Standard in accordance with subsection 44-2201(2), Idaho Code. Additionally, when the elevation of the chassis is thirty-six inches (36") or less above the elevation of the grade on site, the chassis shall be supported by reinforced piers or an engineered foundation. When the elevation of the chassis is above thirty-six inches (36") in height, an engineering certification shall be required.

      3.   All enclosures or skirting below the lowest floor shall meet the requirements of paragraph 8.7.203I.2. of this article.

      4.   An evacuation plan shall be developed for evacuation of all residents of all new, substantially improved, or substantially damaged manufactured home parks or subdivisions located within special flood hazard areas. This plan shall be filed with and approved by the Director and the Kootenai County Office of Emergency Management.

   F.   Recreational Vehicles: Recreational vehicles and park model recreational vehicles shall not be used as dwellings, shall meet the applicable requirements of chapter 4, article 4.4 of this title, and, in addition, when placed on sites within A zones on the community's FIRM shall be:

      1.   On site for fewer than one hundred twenty (120) consecutive days within one year; and

      2.   Fully licensed and ready for highway use, be on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no attached additions.

   G.   Land Division, Mobile Home Parks, And Planned Unit Developments:

      1.   All lots created after September 14, 1999, shall have a building site that is a minimum of four thousand (4,000) square feet in size and accessible by a driveway which meets the minimum standards of chapter 4, article 4.2 of this title, all located outside of any special flood hazard area.

      2.   If platted, the face of the plat shall indicate the location of any special flood hazard area within the boundaries of the plat and a note shall be placed on the plat restricting development to areas outside the designated special flood hazard area. Such areas shall be preserved as open space and left in their natural condition.

      3.   The following provisions shall also be met:

         a.   All projects shall be consistent with the need to minimize flood damage, and shall be reasonably safe from flooding.

         b.   All projects shall have utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. If any portion of a public water system is in a special flood hazard area, an emergency flood response plan must be developed and provided to DEQ, Kootenai County and PHD. This plan must be implemented in the event that floodwaters threaten to contaminate the water system, and must include:

            (1)   Written instructions to the operator addressing circumstances necessitating shutdown of the water system,

            (2)   Instructions for disinfecting and testing the system prior to startup, and

            (3)   A protocol for notifying DEQ, PHD and all users when the water system is at risk of being contaminated.

         c.   All projects shall have adequate drainage provided to reduce exposure to flood damage.

         d.   Where base flood elevation data is not available either through the flood insurance study or from another authoritative source, it shall be generated by the developer's engineer for projects which contain at least five (5) lots or five (5) acres (whichever is less).

         e.   All projects shall include a maintenance plan that includes the cleaning and maintenance of culverts, ditches, and drainage swales to reduce the risk of flood damage. Maintenance activities must be carried out in accordance with all federal, state, and local regulations and all required permits must be obtained.

         f.   For each project, if a public entity will not be responsible for maintenance, a maintenance entity, such as a homeowners' association or utility corporation, shall be established. If maintenance requirements are not met, the county may contract to have the maintenance done at the expense of the responsible party(ies). The county may also take enforcement measures as provided by law.

   H.   Placement Of Fill In Special Flood Hazard Areas:

      1.   Fill must be placed and compacted in accordance with the requirements of the international building code and of article 7.1 of this chapter. Such fill must be compacted for at least fifteen feet (15') beyond the limits of any structure placed on it; and

      2.   After placement and compaction, fill must be protected from erosion and scour by riprap or sod forming grass or equivalent vegetation.

      3.   Compensatory Storage Required For Fill.

         a.   Fill within the special flood hazard area shall result in no net loss of natural floodplain storage. The volume of the loss of floodwater storage due to filling in the special flood hazard area shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures at or adjacent to the development site.

   I.   Alteration And Maintenance Of Watercourses:

      1.   Stream and channel maintenance in special flood hazard areas may be necessary, for example, when rock and other debris restrict the flow of floodwaters. The cleaning of this debris and the creation of sediment pools will be carried out in accordance with all applicable federal, state, and local regulations and all necessary permits shall be obtained with copies provided to Kootenai County.

      2.   The following are required before an alteration of any watercourse:

         a.   Notify adjacent property owners within one-half (1/2) mile upstream and downstream from the project boundaries, any affected cities, and the Idaho department of water resources prior to any alteration, maintenance, or relocation of a watercourse, and submit evidence of such notification, along with any required permits, to the federal insurance director and Kootenai County.

         b.   Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

      3.   The provisions of this subsection do not apply to the routine removal of debris or navigational hazards.

   J.   Storage Tanks:

      1.   When gas and liquid storage tanks are to be placed within a special flood hazard area, the following criteria shall be met:

         a.   Underground storage tanks in special flood hazard areas shall be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the base flood, including the effects of buoyancy (assuming the tank is empty);

         b.   Elevated above-ground storage tanks, in flood hazard areas shall be attached to, and elevated to or above, the design flood elevation on a supporting structure that is designed to prevent flotation, collapse, or lateral movement during conditions of the base flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area;

         c.   Non-elevated above-ground storage tanks that do not meet the elevation requirements of this subsection shall be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.

         d.   Storage tank inlets, fill openings, outlets and vents shall be:

            (1)   At or above the flood protection elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the storage tanks during conditions of the base flood; and

            (2)   Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.

   K.   Development Of Public Interest Projects: Floodplain development may occur within a special flood hazard area outside of a floodway without having to comply with the normally applicable requirements of this section if the Director finds that such floodplain development would serve a substantial public interest.

   L.   Other Activities: Floodplain development not specifically permitted in this article shall be prohibited unless the following criteria are met:

      1.   The activity shall not result in any decrease in flood storage capacity during discharge of the base flood; and

      2.   The activity shall not impair the natural and beneficial functions of the floodplain. (Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019)

The director shall act as the Floodplain Adminsitrator for purposes of administration and enforcement of the provisions of this article. Duties of the director shall include, without limitation, the following:

   A.   Granting or denying floodplain development permits in accordance with section 8.7.206 of this article.

   B.   Review Of Building And Site Development Permits: The Director shall review all building, location and site disturbance permits associated with floodplain development to determine whether:

      1.   The applicable requirements of this article have been satisfied;

      2.   All necessary permits have been obtained from the federal, state, and local governmental agencies from which prior approval is required; and

      3.   The proposed floodplain development is located in the floodway. If located in the floodway, the director shall ensure that the proposed floodplain development is allowed under, and complies with, the provisions of section 8.7.202 of this article.

   C.   Information To Be Obtained And Maintained: For all floodplain development, the director shall:

      1.   Prevent encroachments into floodways and special flood hazard areas unless the applicable certification and flood hazard reduction provisions of this article have been met;

      2.   Require fully completed construction drawings, building under construction, and finished construction elevation certificates, whenever applicable;

      3.   Obtain actual elevation, in relation to mean sea level, of the lowest flood (including basement) and all attendant utilities of all new and substantially improved structures whenever required under the provisions of this article.

      4.   Maintain fully completed finished construction elevation certificates; and

      5.   Maintain all records pertaining to the provisions of this article for public inspection.

   D.   Interpretation And Use Of Other Data: The director shall make interpretations, where needed, as to exact location of the boundaries of special flood hazard areas and floodways (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), and shall consider any information provided by FEMA or other authoritative sources. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal any such interpretations in accordance with chapter 8, article 8.5 of this title. (Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019)

   A.   An application for a floodplain development permit shall be made to the Director before any floodplain development may begin.

   B.   Application Requirements: In addition to the items required by the provisions of section 8.8.204 of this title, the following items shall be submitted to the Director in conjunction with an application for a floodplain development permit:

      1.   A site plan drawn to scale which shall include, without limitation, the following specific details:

         a.   The nature, location, dimensions, and elevations of the area of floodplain development or disturbance, including, without limitation, existing and proposed structures, utility systems, grading and pavement areas, fill materials, storage areas, drainage facilities, and any other proposed floodplain development;

         b.   The boundary of the special flood hazard area as delineated on the FIRM or as set forth in paragraph 8.7.201(B)(1) of this article, or a statement that the entire lot is within the special flood hazard area;

         c.   The flood zone designation(s) of the proposed floodplain development area as determined pursuant to this article;

         d.   The boundary of any floodways or flood fringe areas;

         e.   The Base Flood Elevation (BFE) where provided as set forth in this article;

         f.   The old and new location of any watercourse that will be altered or relocated as a result of the proposed floodplain development; and

         g.   The certification of the plot plan by a registered land surveyor or professional engineer.

      2.   Proposed elevation, and method thereof, of all floodplain development, including, without limitation, elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures.

      3.   Foundations within a special flood hazard area shall be designed by a qualified professional engineer licensed by the State of Idaho in accordance with standard engineering practice. A foundation plan, drawn to scale, shall be submitted which includes details of the proposed foundation system that ensure that all applicable provisions of this article are met. These details include, without limitation:

         a.   The proposed method of elevation, if applicable (e.g., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation, or on columns, posts, piers, piles or shear walls); and

         b.   Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with paragraph 8.7.203(I)(2) of this article when solid foundation perimeter walls are used in Zones A and AE.

      4.   A statement detailing the proposed uses of any enclosed areas below the lowest floor.

      5.   Plans detailing the methods to be used to protect public utilities and facilities, such as sewer, gas, electrical, and water systems, to be located and constructed to minimize flood damage.

      6.   A certification that all other local, state, and federal permits required have been received.

      7.   Documentation for placement of recreational vehicles, when applicable, to ensure that the provisions of subsection 8.7.204F of this article are met.

      8.   When applicable, a description of any proposed watercourse alteration or relocation, including, without limitation, the following:

         a.   An engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and

         b.   A map showing the location of the proposed watercourse alteration or relocation, if not shown on the site plan.

   C.   Certification Requirements:

      1.   Elevation Certificates (FEMA Form 86-0-33).

         a.   Construction drawings. A construction drawings elevation certificate is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Director a certification of the elevation of the lowest floor in relation to mean sea level. The Director shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder before the start of construction.

         b.   Building under construction. An elevation certificate for a building under construction is required after the lowest floor is established. Within seven (7) calendar days of establishment of the lowest floor elevation, it shall be the duty of the permit holder to submit to the Director a certification of the elevation of the lowest floor in relation to mean sea level. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Director shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately, and all necessary corrections must be completed before any further work is permitted to proceed.

         c.   Finished construction elevation certificates.

            (1)   A final as-built finished construction elevation certificate is required after construction is completed and before a certificate of occupancy or equivalent may be issued. It shall be the duty of the permit holder to submit to the Director a certification of final as-built construction of the elevation of the lowest floor and all attendant utilities. The Director shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately, and all necessary corrections must be completed before a certificate of occupancy or equivalent may be issued. In some instances, another certification may be required to certify corrected as-built construction.

            (2)   The engineer providing the finished construction elevation certificate shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days after the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in subsection B of this section. To the extent possible, these photographs should show the entire building including the foundation. If the building has split-level or multi-level areas, at least two (2) additional photographs showing side views of the building shall also be provided. In addition, when applicable, an additional photograph of the foundation showing a representative example of the flood openings or vents shall be provided.

         d.   Failure to submit any required certification or to make required corrections shall constitute good cause to issue a stop-work order for the project, to deny, revoke or suspend a floodplain development permit, or to deny, revoke or suspend any associated building, location, or site disturbance permit.

      2.   If a manufactured home is placed within Zone A or AE and the elevation of the chassis is more than thirty six inches (36") in height above grade, an engineered foundation certification is required in accordance with the provisions of subsection 8.7.204E of this article.

      3.   If a watercourse is to be altered or relocated, the following shall be submitted by the applicant before a floodplain development permit is issued:

         a.   A description of the extent of watercourse alteration or relocation;

         b.   A professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream;

         c.   A map showing the location of the proposed watercourse alteration or relocation; and

         d.   An approved Idaho stream channel alteration permit.

      4.   Certification Exemptions. If located within Zone A or AE, the following structures shall be exempt from the elevation certification requirements specified in paragraph (1) of this subsection:

         a.   Recreational vehicles which comply with the requirements of subsection 8.7.204F of this article; and

         b.   Residential accessory structures of less than two hundred (200) square feet in size which comply with the requirements of subsection 8.7.204B of this article.

   D.   Encroachments: Encroachments shall be exempt from the requirements of subsections B and C of this section. In lieu of those requirements, the applicant shall submit the encroachment permit issued by IDL for the encroachment, all other permits issued by other agencies with jurisdiction, and the entire contents of each case file pertaining to such permits.

   E.   Approval Procedure: Applications for floodplain development permits shall be processed in accordance with this section and section 8.8.204 of this title, except that the issuance of an order of decision shall not be required.

   F.   Decisions made by the Director may be appealed to the Board in accordance with article 8.5 of this chapter. (Ord. 545, 10-3-2019)

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside special flood hazard areas, or uses permitted within such areas, will be free from flooding or flood damage. This article shall not create liability on the part of Kootenai County, any officer or employee thereof, or the federal insurance administration for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. (Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019)

   A.   Domestic sewage, septage, sanitary sewage, industrial waste, agricultural waste, sewage effluent, or human excreta is not allowed to remain open to the atmosphere or on the surface of the ground in such a manner so as to be a source of noxious or offensive odors, to be dangerous to health, or to be a public nuisance.

   B.   Domestic sewage, sanitary sewage, septage, industrial sewage, industrial waste, agricultural waste, sewage effluent, or human excreta is not allowed to endanger any source or supply of drinking water, or cause damage to any public or private property.

   C.   Raw or untreated sewage, septage, or industrial waste, or agricultural waste is not allowed in any body of water, water course, or any underground water drain, any storm water drain, channel, or other surface water drain. (Ord. 574, 3-22-2022; amd. Ord. 578, 9-8-2022)

   A.   The provisions of this section shall apply to all subsurface sewage disposal systems installed on any parcel located over the Rathdrum Prairie Aquifer.

   B.   The Board of County Commissioners and the Board of Health have determined that extensive use of subsurface wastewater disposal on parcels located over the Rathdrum Prairie Aquifer presents a threat to the public health by contamination of the Rathdrum Prairie Aquifer, which has been designated as a sole source aquifer by the U.S. Environmental Protection Agency (EPA) and as a sensitive resource aquifer by the Idaho Department of Environmental Quality (DEQ). Therefore, it is the intent of the Board of County Commissioners to adopt regulations which continue to govern subsurface sewage disposal which shall apply to all parcels located over the Rathdrum Prairie Aquifer.

   C.   Subsurface Sewage Disposal System Regulations:

      1.   All installations of subsurface sewage disposal systems must be made in compliance with applicable DEQ and Panhandle Health District No. 1 (PHD) rules.

      2.   A subsurface sewage disposal system for one (1) dwelling equivalent may be installed in accordance with paragraph (1) of this subsection if the system is on a single parcel of land of five (5.00) acres or larger in surface area and the total loading for that parcel does not exceed one (1) dwelling equivalent per five (5.00) acres, except where one (1) system is replacing another. Every parcel of land created after December 20, 1977, except as otherwise permitted in this section, shall maintain the dwelling equivalent(s) allowed for the original parcel of land existing on that date.

      3.   No subsurface sewage disposal system may be installed on any parcel of land of less than five (5.00) acres in surface area except under the following conditions:

         a.   A subsurface sewage disposal system for a single dwelling equivalent shall be permitted on parcels of land less than five (5.00) acres in size which were acquired or established prior to December 20, 1977, provided that such parcels comply with all other rules governing individual subsurface sewage disposal systems; or

         b.   Where one (1) subsurface sewage disposal system is replacing another with no increase in sewage loading.

      4.   On all developments subject to the provisions of subparagraph (a) of paragraph (3) of this subsection, all installations shall be done in coordination with local government planning, and approved by DEQ where applicable.

      5.   Upon notification by the PHD Health Officer, the owner of any parcel of land utilizing a subsurface sewage disposal system shall disconnect such system from any buildings on that parcel of land and connect the building sewer from the buildings to a collection and treatment system whenever it becomes available for service to that parcel.

   D.   The provisions of this section shall not apply to any parcel in which sewage disposal is provided by a municipal or community sewer system owned and operated by a duly organized city, sewer district, water and sewer district, or recreational water and sewer district. (Ord. 574, 3-22-2022; amd. Ord. 578, 9-8-2022)

   A.   The County and PHD shall have the power to apply and enforce the provisions of this article, which shall include those powers expressly set forth in this article and any powers necessarily implied from those provisions.

   B.   Nothing in this article shall be construed as requiring any particular application of this article, nor any particular permitting or enforcement action, nor any expenditure of funds.

   C.   Nothing in this article shall be construed as limiting the legal remedies that may be sought by the County or PHD for a violation of any provision of this article. (Ord. 574, 3-22-2022; amd. Ord. 578, 9-8-2022)

The purpose and intent of this article is to aid in the protection of the Rathdrum Prairie Aquifer from potential sources of contamination from materials handling and storage at facilities located over or adjacent to the Aquifer. This article strives to achieve such protection through proper use of secondary containment systems at fixed facilities that use, store, manufacture, or handle critical materials. This article aligns with the requirements specified in Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III). (Ord. 601, 11-19-2024)

   A.   This article applies to any person, firm, corporation, or government agency owning, operating, or proposing to locate, establish, or operate a facility over the Aquifer or within a recognized Aquifer recharge area within the unincorporated area of Kootenai County. Any facility so located shall comply with the requirements of this article prior to initiation of operations or engaging in any critical materials use activity. Every owner or operator of a facility shall demonstrate compliance with this article by obtaining a critical materials compliance certificate (CMCC) for current operations.

   B.   An application is required to establish a new use that could qualify as a facility, including remodeling, operating changes, change in ownership, or expansion of an existing facility, which would modify the type or quantity of critical materials handled or stored.

   C.   Any CMCC granted is specific to that action and the application filed. Subsequent actions shall require separate plan reviews and approvals to obtain a CMCC.

   D.   All businesses over the Aquifer are subject to inspection in order to determine if they are governed by this article. (Ord. 601, 11-19-2024)

Each applicant must submit to the Panhandle Health District (PHD) Health Officer or designee for review a Commercial/Industrial application that provides:

   A.   Sufficient information to allow for the determination of the type, quantity, and physical state of all critical materials that are used, stored, manufactured, or handled at the facility location. The Health Officer may require that the applicant provide a complete list of critical materials present at the facility.

   B.   Building plans and site development drawings showing compliance with the secondary containment requirements set forth in this article. Such plans shall also provide confirmation that the secondary containment methods are compatible with the materials to be contained and that critical materials at the facility are isolated from stormwater or other surface waters on the site. The Health Officer may require that any such plans be certified by a licensed engineer. The building and/or site plans must show the location of critical materials in buildings and other designated site areas.

   C.   Proof of contact and resultant acknowledgment from other agencies which have codes, standards, or rules which must be met by the applicant with respect to handling of critical materials.

   D.   An opportunity for the Health Officer to perform an inspection to evaluate chemical handling and storage at the facility.

   E.   The Health Officer shall evaluate the application with consideration for the BMP Manual to determine the applicability of the provisions of this article to the facility. A CMCC shall be issued to a fixed facility when it is determined that the application is complete and meets the requirements of this article and the BMP Manual, and an inspection, if required, demonstrates compliance with    secondary containment criteria previously approved through the plan review.

   F.   If the CMCC is denied, the Health Officer shall issue a written statement to the applicant stating the reasoning for the determination that the application was incomplete or that it did not meet the requirements of this article.

   G.   The applicant may appeal the denial of a CMCC in accordance with chapter 8, article 8.5 of this title. (Ord. 601, 11-19-2024)

Each fixed facility, as defined in section 8.9.202 of this title, must conform to the following performance standards:

   A.   Construct and maintain a secondary containment system for all critical materials. The secondary containment system shall be designed to prevent infiltration of any critical materials into the ground in the event that they are released from their original storage containers.

   B.   The secondary containment system and methods must be non-reactive and resistant to the materials to be contained, and must isolate the critical materials at the fixed facility from stormwater, other surface waters on the site, and reactive critical materials present in the same fixed facility.

   C.   Secondary containment systems must be sized to contain at least one hundred ten percent (110%) of the volume of the largest container, or ten percent (10%) of the aggregate volume of all containers, whichever is greater, in any containment area within a fixed facility.

   D.   The owner or operator of any fixed facility shall report the presence of any critical materials use activities to the Health Officer and all responsible local, state, and federal agencies as required by applicable federal or state laws or regulations, and by the provisions of this article.

   E.   Any spilling, leaking, emitting, discharging, escaping, or leaching of any critical materials into the secondary containment system or the environment must be reported to the Health Officer immediately upon discovery of the release.

   F.   Should there be a conflict between the provisions of this article and local, state, or federal rules and regulations regarding critical materials use activities, the provision that provides the greatest degree of protection to the Rathdrum Prairie Aquifer shall prevail, except where legal preemption of regulatory authority by state or federal agencies may require application of a different standard of protection.

   G.   Each fixed facility is subject to an inspection at intervals set by the Health Officer to verify continued compliance with this article. (Ord. 601, 11-19-2024)

The Health Officer, for good cause, may revoke any certificate granted by providing written notice to the permit holder or agent. Any person, association, or corporation who continues to act more than ten (10) days after the notice of revocation has been mailed shall be in violation of this article and subject to the penalties provided in section 8.8.603 of this title. The revocation of a CMCC may be appealed in accordance with chapter 8, article 8.5 of this title. (Ord. 601, 11-19-2024)

   A.   A variance to any of the provisions of this article may be granted only upon an affirmative showing by an applicant that a unique and undue hardship is caused by a physical characteristic of a site that is not of the applicant’s making, and that approval of the variance would not be contrary to the public interest or to the purposes of this article.

   B.   In addition to the application requirements set forth in subsection 8.8.203(B) of this title, an applicant for a variance shall provide the following:

      1.   An accurate site plan showing development of the site in question, present and proposed, depicting all features relevant to the variance request. The Health Officer shall identify information necessary to proper processing of the request if information other than that normally required needs to be supplied. The applicant shall describe the current and proposed use of the site in question.

      2.   A narrative statement addressing the efforts, including consideration of design alternatives, which the applicant has undertaken to comply with the standard from which a variance is sought.

      3.   A narrative statement explaining the nature of the hardship, if any, imposed by literal compliance with the rule in question.

      4.   A narrative statement explaining the effects of the requested variance on the interests of adjoining landowners and of the public at large.

      5.   A narrative statement detailing what use could be made of the site in question if the requested variance were not granted.

   C.   The procedure for consideration of a variance application, including the findings required for the granting of a variance, shall be as set forth in subsection 8.8.203(C) of this title.

   D.   The denial of a variance application may be appealed in accordance with chapter 8, article 8.5 of this title. (Ord. 601, 11-19-2024)

   A.   Any owner or operator of a fixed facility is deemed to have violated this article if:

      1.   A fixed facility is operated or if critical materials use activities are conducted on any site without first submitting a Commercial/Industrial application or if changes are made to critical materials use activities at a fixed facility without resubmitting a Commercial/Industrial application for the fixed facility as required in section 8.7.403 of this article.

      2.   An owner or operator knowingly submits any false or incomplete statement in an application or in reports to the Health Officer or other responsible agencies or officials concerning the nature or quantity of critical materials present at a facility governed by this article.

      3.   An owner or operator fails to implement or maintain secondary containment of critical materials at a fixed facility as necessitated by this article.

      4.   An owner or operator fails to comply with time and reporting standards for any critical materials use activities or fails to report any discharge of critical materials into the secondary containment system required by this article.

   B.   Enforcement of the provisions of this article shall be as set forth in chapter 8, article 8.6 of this title.

   C.   In addition to the remedies set forth in chapter 8, article 8.6 of this title, any person, association, or corporation, or the officers thereof found to be in violation of this article shall be liable, whether by civil action or restitution, for any expense incurred by the County, PHD or any other governmental agency in enforcing the provisions of this article, or in removing or terminating any nuisance or health hazard. (Ord. 601, 11-19-2024)

   A.   The County, acting through the Director or designee, and PHD, acting through its Health Officer or designee, shall have the power to apply and enforce the provisions of this article, which shall include those powers expressly set forth in this article and any powers necessarily implied from those provisions.

   B.   Nothing in this article shall be construed as requiring any particular application of this article, nor any particular permitting or enforcement action, nor any expenditure of funds.

   C.   Nothing in this article shall be construed as limiting the legal remedies that may be sought by the County or PHD for a violation of any provision of this article. (Ord. 601, 11-19-2024)