Shoreline and Bank Work in Pend Oreille County

Digging, filling or armoring a bank near the Pend Oreille River, a lake or a creek usually needs approvals before any machine starts. Washington requires a Hydraulic Project Approval from the Department of Fish and Wildlife for work in or near state waters, and the county runs the Shoreline Management Act.

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What shoreline and bank work involves

Shoreline and bank work covers jobs at the edge of water: stabilizing an eroding bank, placing rock along a shore, building a boat ramp access, crossing a creek, or reshaping a ditch that carries a stream. In Pend Oreille County that can mean the Pend Oreille River, Diamond Lake or a smaller creek on a rural lot.

The rules are different from ordinary dirt work. Washington treats the water, the bed and the bank as resources that need protection for fish and other life, and state and local agencies look over work that could change them. That process can run before, during and after the job, and a company that has done it before knows which steps come first.

This page is about the approvals and the excavation questions. It does not decide whether a project is allowed. That is for WDFW and the county to say, and a written answer from them is worth having before you agree to a price.

When people look into this

A river or lake bank is eroding.
A creek crossing or culvert needs work.
A ditch carries a stream or runs into a creek.
A lot on the water needs rock, a bulkhead or shoreline repair.
A pond is planned or being repaired.
A utility line must cross a stream.

What the work usually looks like

Describe the project. Write down where, how much and what will change in or near the water.
Ask WDFW. Find out whether a Hydraulic Project Approval is needed, or request a preapplication determination.
Ask the county. Ask about shoreline rules for the lot.
Plan the access and controls. Pick the route in, the work window and the erosion controls.
Locate utilities. 811 notice comes first (details below).
Do the work to the approval. Work follows the conditions of the approvals.

How to prepare

Before work starts, it helps to settle these points:

Take photos of the bank or crossing and mark it on a map.
Note how far the work is from the ordinary high-water line.
Ask WDFW whether the work needs a Hydraulic Project Approval.
Ask Pend Oreille County whether shoreline permits apply.
Ask any company which approvals it expects and who applies and pays for them.
Find out who will call 811 and get the ticket number.
Get the scope, approvals and price in writing.

What affects the cost

Excavation is commonly priced by the hour for operator and machine, or as a set price for a defined scope. Work at the water's edge also carries the cost of approvals and controls.

Approvals. Applications and conditions add time and sometimes cost.
Work windows. Limits on when work in water is allowed can delay a start.
Access. Getting machines to a bank or creek can need a temporary route.
Material. Rock, fabric and fill add material cost.
Erosion and sediment control. Controls near water are heavier than on dry land.
Size and slope. Longer, steeper banks need more work.
Restoration. Replanting or restoring disturbed ground adds a step.

Why a written answer from the agency helps

Approvals at the water's edge can differ from one lot to the next, and a company's general experience is not the same as an agency's answer about your bank. A short written answer from WDFW and from the county, kept with your records, tells everyone what is allowed and under what conditions.

It also protects the timeline. Work windows and application steps can take weeks, so asking early prevents a machine from sitting idle or a project from stopping partway. If a company says it will take care of the approvals, ask for that sentence in the scope.

Local rules and sources

State approval. Washington law requires a Hydraulic Project Approval (HPA) from the Department of Fish and Wildlife before work in or near state waters that will use, divert, obstruct or change the natural flow or bed of fresh or salt water, including work above the ordinary high-water line. WDFW lists stream bank protection and bulkheads, culverts, pond construction, dredging and utility crossings among the work that needs one. A person who is unsure can request a preapplication determination, and WDFW must answer in writing within 21 calendar days (RCW 77.55.400). Working without an HPA can bring a civil penalty of up to $10,000 per violation.

Shoreline rules. Washington's Shoreline Management Act applies to lakes of 20 acres or more, larger streams, and the shorelands that generally reach 200 feet inland from the ordinary high-water mark. Local governments run it through their shoreline programs, so ask Pend Oreille County before work near a lake or river.

Utility locates. In Washington, notice must go to the one-number locator service (dial 811) at least two full business days, and no more than ten full business days, before digging starts (RCW 19.122.030). Whoever is digging is responsible for making sure the notice is made, even if someone else makes the call for them.

Registration. Washington contractors are checked on the state Department of Labor & Industries “Verify a Contractor, Tradesperson or Business” page.

Reasons to trust this page

Most rules on this page name their public source, such as a Washington statute or a county office.
Cost factors are explained in plain terms, and this site does not quote prices.
The email address is shown at the top of every page, and the Privacy page says what a quote request collects.

Common questions

Do I need a Hydraulic Project Approval for bank work?

Probably, if the work uses, diverts, obstructs or changes the natural flow or bed of state waters. WDFW lists stream bank protection and bulkheads, culverts, pond construction, dredging and utility crossings, and says work above the ordinary high-water line can need one. Contact WDFW before work starts, because working without one can bring penalties.

What if I am not sure whether my project needs an HPA?

You can ask WDFW for a preapplication determination. The request goes through WDFW's online permitting system with a project description, a map and preliminary plans if you have them, and WDFW must provide a written determination within 21 calendar days under RCW 77.55.400. Ask this before you agree on a price or a start date.

What does the Shoreline Management Act cover?

It applies to lakes of 20 acres or more, larger streams, and the shorelands that generally extend 200 feet inland from the ordinary high-water mark. Local governments run it through their shoreline programs, so ask Pend Oreille County before work near a lake or river. A county answer should be in writing.

What is the penalty for working without an HPA?

WDFW says working without a required HPA can bring a civil penalty of up to $10,000 per violation, and criminal prosecution punishable by up to 364 days in jail and a $5,000 fine, and it can also lead to denial of future HPAs. Ask any company who is responsible for the approvals.

Who should handle the approvals?

Settle it in writing before work starts: who applies, who pays the fees and who follows the conditions. Excavation is commonly priced by the hour for operator and machine, or as a set price for a defined scope, so confirm whether approvals and erosion controls are in the scope or separate.

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