Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Environment Shoreline topic
No spam. Unsubscribe anytime.
County weighs stronger shoreline enforcement, education as tribe and DEQ urge protection of lakes
Summary
Kootenai County discussed tougher responses to shoreline and site-disturbance violations after staff showed photos of cleared shorelines and retaining walls; the Coeur d'Alene Tribe and Idaho DEQ urged stronger protection and education, commissioners asked staff to pursue remedies and consider code changes and contractor accountability measures.
Kootenai County commissioners on Thursday discussed ways to strengthen enforcement and encourage compliance with shoreline and site-disturbance rules after staff presented multiple examples of cleared buffers, removed vegetation and large retaining walls along county shorelines.
David Callahan, Community Development director, described dozens of current cases and images of shoreline disturbance and told commissioners that modest fines in the existing fee schedule are inadequate to address damage that can cost tens of thousands of dollars to remediate. "The fines that we have are inconsequential," he said, and noted that the county's code includes a civil-penalty tool of up to $1,000 per day (capped at $20,000) for recorded violations but that triggering it requires prior notice and recorded findings.
Community Development staff said about 65 active shoreline or site-disturbance cases exist in the county; staff estimated roughly half are the result of homeowner or contractor ignorance. Staff suggested a tiered enforcement approach and proposed to return with a proposed fee schedule for egregious violations and clearer, stepwise enforcement actions rather than relying solely on modest fees.
Speakers with water-quality and tribal responsibility pressed the county for protective action. Jillian Harmon, speaking earlier about the Elder Road item, and Rebecca Stevens of the Coeur d'Alene Tribe urged stronger shoreline protection; Stevens recounted past lake-shoreline surveys and said keeping native riparian vegetation matters because "when they keep it and maintain it to slow that runoff ... their neighbors tend to do the same thing." Jamie Bruner of the Idaho Department of Environmental Quality, who chairs the regional shoreland education committee (SEAP), urged prevention and education and offered the SEAP program as a resource for certification and outreach.
Commissioners discussed remedies that prioritize curing violations rather than revenue generation. Several commissioners said they favor requiring remediation and, where appropriate, suspending or holding a civil penalty in abeyance while the owner cures the violation. Legal counsel confirmed that the code permits a civil penalty for a recorded violation, and commissioners discussed ensuring notice, cure periods, and the recorded notice would appear in title records so prospective buyers are aware of unresolved violations.
Commissioners and staff also discussed targeting contractors through education or possible disciplinary steps. Staff said homeowners are ultimately responsible but acknowledged that some contractors knowingly perform unpermitted shoreline work. Commissioners asked staff to explore options such as contractor certification, education requirements (SEAP), a due-process “debarment” or ‘‘problem contractor’’ mechanism (noting that such a list could expose the county to legal risk unless due process protections and thresholds were codified), and stronger, tiered enforcement steps that emphasize remediation.
What’s next: staff will draft possible amendments or administrative procedures for a tiered enforcement approach, a clear cure-and-appeal timeline, and options for contractor education and accountability, and return to the board with recommendations.
