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8.7.109: GEOTECHNICAL ANALYSIS:
   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)
8.7.110: STREAM PROTECTION BUFFERS:
   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)
8.7.111: SHORELINE MANAGEMENT AREA:
   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):
Lake
Elevation
Lake
Elevation
Coeur d'Alene Lake
2,128.71
Fernan Lake
2,135.1
Hauser Lake
2,190.9
Hayden Lake
2,242.9
Pend Oreille Lake
2,066.5
Spirit Lake
2,446.0
Twin Lakes
2,315.8
 
      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.
      10.   The trimming of shrubs and removal of branches from trees for the purpose of creating a view corridor. Such activities may occur no lower than three feet (3') above ground level for shrubs, and no higher than one-third (1/3) of the height of each individual tree then existing within the parcel's shoreline management area. Such activities may encompass no more than one-third (1/3) of the linear footage of a parcel's shoreline management area.
      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:
         a.   The risk to water quality will be less than or equal to the risk if the work was performed by hand; and
         b.   The work proposed is the minimum necessary to control or remediate the erosion, structural integrity, or shoreline 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)
8.7.112: HAZARDS:
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)
8.7.113: INSPECTION:
   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)
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