Do You Need a Permit to Excavate in Pend Oreille County?

Not always. Pend Oreille County exempts excavation or fill of 500 cubic yards or less over a project's life from its clearing and grading standards, and exempts clearing under 1 acre on a lot larger than 2 acres. Larger work, road approaches, one-acre sites and work near water each bring a different office into it.

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Which clearing and grading is exempt?

Section xx.30.030 of the Pend Oreille County Development Regulations (adopted January 27, 2025) sets standards for clearing and grading in all zones, processed as a Class 1 permit. Section C lists what is exempt.

Source: Pend Oreille County Development Regulations 2024, page 33. Exempt from this section does not mean exempt from other offices.

Before any of that, the Community Development Department asks for a Site Evaluation Application "prior to ANY form of building and/or land use development", clearing and grading included. It is a scaled sketch of the parcel that lets the county check setbacks before work begins.

What does the county require for drainage and stormwater?

Where the standards apply, eight rules govern the work. The ones that decide most jobs: runoff may not harm off-site property, water or critical areas; design follows Ecology's Stormwater Management Manual for Eastern Washington as adopted by the county, or something that meets or exceeds it; soil erosion has to be controlled so downstream channels are not damaged; and surface drainage may not be directed to county roads or ditches inside the right of way unless the Public Works Director or a designee approves it.

If the county requires a drainage analysis, a drainage report prepared under the direction of and sealed by a professional engineer goes in with the application. The County Engineer decides whether it is adequate, and that decision is final and not subject to administrative appeal.

When does a driveway need a county road approach?

The county's Public Works page lists a Driveway Approach application, a separate Work in Right of Way application and a Utility Work in Right of Way application. The detailed specifications are in the Pend Oreille County Road Standards, effective August 1, 2026, with Section 7 covering county road approaches and Section 9 work in the county right of way. Current fees are posted on the county page.

When does the state require a stormwater permit?

Ecology's construction stormwater permit applies to sites that disturb one acre or more, and to smaller sites that are part of a larger plan that will ultimately reach one acre and discharge stormwater to surface waters. Apply at least 60 days before stormwater leaves the site. Ecology tries to issue coverage 45 days after a complete application.

When is a Hydraulic Project Approval needed?

Washington law requires an approval from the Department of Fish and Wildlife for hydraulic projects in or near state waters, meaning work that will use, divert, obstruct or change the natural flow or bed of fresh or salt water. WDFW lists culverts, bank protection, pond construction, dredging and utility crossings. Civil penalties of up to $10,000 per violation apply to work without one.

Which rules change inside a city such as Newport?

The county's regulations cover land outside city limits. Inside Newport, Cusick, Ione, Metaline or Metaline Falls, start with the town. Excavation inside a city can still bring in 811, state stormwater and state water approvals, because those are state rules.

What about forest practices?

Fill or excavation classified as a Class I, II or III forest practice under RCW 76.09.050 is exempt from the county's clearing and grading section. The Forest Practices Act classes decide who regulates the clearing, so ask the Department of Natural Resources which class a project is.

Who must be registered, and what must be called in first?

Contractors must be registered with Labor & Industries (RCW 18.27.020), and registration can be checked on the Verify page. Before digging, the excavator gives notice to the 811 one-number locator service not less than two full business days and not more than 10 full business days ahead (RCW 19.122.030). Markings expire 45 calendar days after the notice date.

Common questions

Do I need a permit to excavate in Pend Oreille County?

Not for excavation or fill of 500 cubic yards or less over the life of the project. Larger work is covered by the county's clearing and grading standards. A Site Evaluation Application is still asked for before building or land use development.

How much clearing is exempt?

Clearing less than 50 percent of a lot of 2 acres or less, and clearing less than 1 acre on a lot larger than 2 acres.

Is forestry work exempt?

Fill or excavation classified as a Class I, II or III forest practice under RCW 76.09.050 is exempt from the county clearing and grading section.

What kind of permit is clearing and grading?

The county standards say clearing and grading activities are processed as a Class 1 permit.

Can water from my lot run onto the county road?

Not unless the County Public Works Director or a designee approves it.

Can the county require an engineer's drainage report?

Yes, if it requires a drainage analysis; the report must be prepared under the direction of and sealed by a professional engineer.

Do I need a state stormwater permit?

Yes if construction disturbs one acre or more and stormwater can discharge to surface waters. Apply at least 60 days before discharge.

Are permits different inside Newport?

Yes. Inside a city, start with the city; county Community Development handles land outside city limits.

How long do 811 markings last?

Under RCW 19.122.030, markings expire 45 calendar days after the date notice was given; digging after that needs a new notice.

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