Published
Before anything drills: how Idaho's well drilling permit actually works
Paper first, drill second
Idaho does not treat the drilling permit as paperwork that catches up to the rig. The requirement comes first, and it is total:
“Drilling permits are required pursuant to Section 42-235, Idaho Code, prior to construction or modification of any well.”
— IDAPA 37.03.09 §045.01.a, drilling permit requirements (effective 3-18-22). Retrieved 28 September 2026
Not maybe, and not just for big wells — any well, with modification counting alongside construction. The rule then closes the obvious loophole in one line: a well driller will not construct, drill or modify any well until a drilling permit has been issued, or verbal approval granted. Everything else on this page is about how much faster some of those permits can move.
The fast lane: start cards and verbal approval
The wells serving one Idaho house qualify for the shortest lead time in the whole rulebook — when the ground is ordinary:
- The start card. For cold water single family domestic wells, the Director may allow a start card permit — and start cards must be received by the Department at least two office hours prior to commencing construction. Two office hours, not two days: the state trusts the routine well enough to check it on the fly.
- Verbal approval. Where a well’s other permitting requirements are already met, the Director may give verbal approval — but only once the drilling permit application and appropriate fee have been filed. Spoken permission still rests on written paper underneath.
One brake sits in the same rule: a drilling permit will not be issued for a well needing another separate approval from the department — a water right permit, transfer, amendment or injection well permit — until that separate requirement is satisfied. The drilling permit is the last domino, not the first.
Where the fast lane closes
The shortcuts exist exactly where the ground is easy and nowhere else. In the rules current through the 7-1-25 docket, the same subsection bars both at once: verbal approval and start card permits are not allowed for wells constructed in a designated Area of Drilling Concern, Critical Ground Water Area, Ground Water Management Area or Area of Contamination — unless the Director authorizes otherwise. On that ground the full permit comes first, full stop. The driller’s license page covers what else stiffens inside an Area of Drilling Concern; the permit mechanics live here.
What a permit is — and what it is not
- One well. A drilling permit authorizes the construction of one (1) well — the only exceptions are blanket monitoring well and blanket remediation well drilling permits.
- Not transferable. A drilling permit may not be assigned from one owner to another or from one driller to another. New owner, new driller, new permit.
- Not a water right. A drilling permit does not constitute a water right, injection well permit or other authorization, and does not authorize use of water from the well or discharge of fluids into it. Building the well and owning the water are two different conversations with the state.
What does not count as a well at all
The rule also fences off its own territory — certain artificial openings and excavations are not wells and skip the drilling permit, though they must still be modified, constructed or decommissioned to minimum well construction standards, and the Director may order them decommissioned when the use ceases or they threaten ground water. The exclusions, as the list stands in the rules amended through 7-1-25:
- Openings with total depth less than 18 feet.
- Mineral exploration or extraction openings, including gravel pits.
- Oil and gas holes permitted under Section 47-320, Idaho Code.
- Openings for de-watering building or dam foundation excavations.
- Geotechnical soil and rock borings — with the rig staying onsite until they are decommissioned.
- Horizontal borings for utility installations.
Before the rig rolls
- Confirm the driller holds an Idaho license — the state licenses the person, not the rig.
- Ask which permit route your well is on — start card, verbal approval, or full issued permit — and why.
- Check the ground before budgeting it: designated areas change both the permit route and the paperwork behind it.
- When the well is done, file your copy of the permit with the driller’s report you are also owed.
- Hold the finished work against the construction standards the driller attests to — questions first, then (208) 656-1467.
The septic system runs the same sequence — permit, then construction, then inspection — and the two permits decide each other’s geometry on the lot.
Common questions
Does every well need a drilling permit in Idaho?
Yes. Drilling permits are required, pursuant to Section 42-235, Idaho Code, prior to construction or modification of any well - and a well driller may not construct, drill or modify any well until a drilling permit has been issued or verbal approval granted.
What is a start card for a well?
An expedited permit path the Director may allow for cold water single family domestic wells. The start card must be received by the Department at least two office hours prior to commencing construction of the well.
When can a driller get verbal approval to drill?
For a well whose other permitting requirements have been met, provided the driller or owner has filed the drilling permit application and the appropriate fee. The verbal approval stands on a written, paid application underneath it.
Where are start cards and verbal approval not allowed?
In a designated Area of Drilling Concern, Critical Ground Water Area, Ground Water Management Area or Area of Contamination - unless the Director otherwise authorizes. Inside that ground the full permit comes first.
Does one drilling permit cover more than one well?
No. A drilling permit authorizes the construction of one well. The only exceptions are blanket monitoring well and blanket remediation well drilling permits.
Can a drilling permit be transferred to another owner or driller?
No. A drilling permit may not be assigned from one owner to another or from one driller to another. A change of either means a new permit.
Is a drilling permit the same as a water right?
No. A drilling permit does not constitute a water right, injection well permit or other authorization, and it does not authorize use of water from the well or discharge of fluids into a well.
What if the well still needs a water right permit or other approval?
The drilling permit will not be issued until the other separate permitting requirement - a water right permit, transfer, amendment or injection well permit - has been satisfied.
Are there holes that don't count as wells?
Yes. The rule excludes artificial openings under 18 feet of total depth, mineral exploration and extraction openings including gravel pits, permitted oil and gas holes, foundation de-watering openings, geotechnical borings (rig stays onsite until decommissioned), and horizontal utility borings.