Kootenai Warns Mudslingers Development Rules To Take Effect To Keep Dirt From Sliding Into Lakes And Streams

New rules to keep dirt from sliding into Kootenai County’s lakes and streams during development will take effect Thursday.

Starting Wednesday, construction projects deemed risky to water quality must be reviewed by a professional landscaper, engineer or architect. The professional will certify that steps are being taken to protect streams from erosion.

Additionally, no land within 25 feet of a stream can be disturbed and permits will be required for any bulldozing near waterways.

This ordinance took a 45-person committee two years to put together and led to several heated political battles before a compromise was reached this past fall.

The goal: Protect county waterways from phosphorous, which clings to dirt that erodes into streams. The nutrient sparks algae growth, which depletes oxygen. That in turn kills marine life.

Today, developers, bureaucrats and those representing the environmental community seem satisfied with the result.

Realtor John Beutler, who led a campaign against an earlier draft of the new rules, said previous versions effectively would have banned any building on some waterfront lots.

“If new homes follow this system, that problem will be moot,” he said. “I think it’s a good compromise.”

And environmental attorney Marc McGregor, who pushed for such action several years ago, said the plan was long overdue.

“It’ll help a lot, a whole lot,” he said. “We’ll take what we can get and it’s actually not even that bad.”

In 1994, an original version of the plan banned all excavation in winter, when snowmelt and runoff can carry sediment farther.

That led to an angry meeting before 200 builders, who complained to county planners that it put them out of business. The dispute also became an issue in the 1994 county commissioner race.

Earlier this year, another version suggested eliminating building within 75 feet of waterways. Although they were represented on the committee that wrote the rule, nearly 100 real estate agents complained that owners of small waterfront lots would not be able to build homes.

The final version handles the problem by requiring professional land and building designers to find a solution to risky development, rather than simply prohibiting it. If the plans don’t work, the designers risk losing their professional license.

“What we wanted was something fair, reasonable and flexible that still stabilized water quality and gave professionals the ability to solve the problem with a little creativity,” said County Planning Director Cheri Howell.

, DataTimes