Stream Channel Protection Program Overview
The Idaho Stream Channel Protection Act requires that the stream channels of the state and their environment be protected against alteration for the protection of fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, and water quality. This means IDWR must approve in advance any work being done within the beds and banks of a continuously flowing stream.
What is Covered by the Act?
In general terms, the Stream Channel Protection Act applies to any type of alteration work, including small scale dredge mining, done inside the ordinary high water marks of a continuously flowing stream.
The Act requires that you first get a stream channel alteration permit from IDWR before you begin any work that will alter the stream channel.
A stream channel alteration is defined as any activity that will obstruct, diminish, destroy, alter, modify, relocate or change the natural existing shape or direction of water flow of any stream channel. This includes taking material out of the channel or placing material or structures in or across the channel where the potential exists to affect flow in the channel.
Stream Channel Alteration Permits
To alter a stream channel, an applicant must file a joint-agency stream channel alteration permit and receive approval of the application. The completed application may be submitted to any IDWR office with the non-refundable application fee $20.
The joint-agency stream channel alteration application is used by IDWR, the Idaho Department of Lands, and the U.S. Army Corps of Engineers, and is available from any of these offices or the IDWR website. This single form intends to streamline the application process among the concerned resource agencies. To minimize duplication of effort when submitting an application that is pertinent to more than one agency, complete the application (except for the signature sections), make copies, and then sign all copies and send them to the appropriate agencies.
The application asks for a description of the project, the amount of material to be excavated or filled, any anticipated environmental consequences, the type of equipment you expect to use, and other similar information. To help reviewers understand the extent, purpose, and location of the work, include a copy of the plans for your project. These plans should include reference to water surface elevations and stream boundaries including the ordinary high water marks.
After the receipt of all necessary information, the application review process typically takes about 60 days before a permit is issued.
Stream Channel Alteration Permit Forms
- Joint Application For Stream Channel Alteration Permit
- Instruction Guide: Joint Application for Permit
- Sample Drawings: Joint Application for Permit
Statutes & Rules
Title 42 Chapter 38 – Alteration of Channels of Streams
IDAPA 37.03.07 – Stream Channel Alteration Rules
The stream channel alteration permitting rules do not require public notices or public hearings. However, in some circumstances, a public hearing is necessary to ensure full coordination and project visibility. Since you cannot begin work without the permit, it is important that you allow for the permit processing time when planning your proposed project start date.
Stream Channel Protection Program Forms
Visit the Stream Channel Protection Program Forms webpage to view and download forms.
Small Scale Mining Permits
Many people enjoy the challenge of searching for gold in Idaho’s streams and rivers by means of small scale mining. The alteration of stream channels by using small scale mining equipment in a stream is regulated in Idaho by the Stream Channel Protection Act. Small scale mining equipment can be any implement that is used to dig, scrape, dredge, or otherwise move stream bed materials from below the mean high watermark in search of minerals. If powered, your mining equipment may not exceed specific size and capability requirements. For example, if you use a suction dredge, it must have a nozzle diameter of 5 inches or less and be rated at no more than 15 horsepower and be capable of processing no greater than two (2) cubic yards of material per hour. Other powered and non powered mining equipment also have capacity restrictions. The Stream Channel Protection Act also requires that a miner must obtain a permit from the Idaho Department of Water Resources before the miner alters any portion of the stream bed. State regulations also specify the streams where small scale mining is allowed.
Click the button below to visit IDWR’s Small Scale Mining webpage to apply for a permit and learn more.
Emergency Permits
Concerns about flooding due to rising water levels in Idaho creeks and rivers during periods of high water may prompt residents and local government leaders to pursue emergency work in stream channels to protect life or property. To prevent unnecessary damage to stream channels, Idaho law requires that all stream channel alteration work, including emergency work must have an approved stream channel alteration permit prior to beginning the work. Requests for expedited emergency stream channel alteration permits are available through the Joint Application for Permits found at the IDWR’s website and must completed according to the Instruction Guide and include a map and diagrams.
Contacts
IDWR Locations & Contact Information
IDWR stream channel protection team – for general questions regarding stream channel alteration and small scale mining permits