IdahoIdaho law limits bans and requires cities to allow accessory homes
Idaho law now limits homeowner association bans and requires larger cities to allow qualifying accessory homes under local land-use rules.
What it does
Homeowner associations may not ban or limit accessory homes on a property unless its owner agrees in writing. They may still set reasonable rules for internal units and enforce certain existing property-transfer restrictions.
Cities with more than 10,000 people must allow accessory homes in residential areas and approve qualifying projects under clear, objective rules, while keeping health and safety protections.
Cities must allow one internal or detached accessory home per lot in covered single-family zones and follow limits on parking, fees, size, owner occupancy, height, and other restrictions.
Argument forOwners may find it easier to add a home for family or renters because covered cities must allow qualifying units and review them under clear rules.
Argument againstCities may have less room to address parking, size, and neighborhood needs, though listed health, safety, and environmental protections still apply.
More detail
Homeowner associations may not ban or limit accessory homes on a property unless its owner agrees in writing. An internal unit must be inside an owner-occupied homestead or its garage and used for relatives or a renter staying more than 30 days. Associations may set reasonable rules for internal units, including design, size, height, setbacks, open space, parking, and bedrooms. Protection for internal units covers no more than one per homestead. Associations may enforce certain property-transfer restrictions that applied when the owner acquired the property. These provisions took effect July 1, 2026.
Cities with more than 10,000 people must allow accessory homes in residential areas and approve qualifying projects under clear, objective rules. An accessory home is a self-contained unit with cooking, sleeping, and sanitation facilities on the same lot as a single-family home. It may be inside, attached to, or separate from the main home, but cannot be a dwelling on wheels. The law applies only to cities with more than 10,000 people, and cities may adopt less restrictive rules. Projects that meet local land-use requirements must receive approval without discretionary review. Existing health, safety, and welfare protections remain, including building and fire codes, flood rules, and laws on utilities, hazards, and easements. These provisions took effect July 1, 2026.
Cities must follow limits on local rules for accessory homes in single-family zones. Cities must allow one internal or one detached accessory home per lot on covered single-family residential land. The limits do not apply to land in a historic district or designated as a historic property. Cities may require parking if the main home lacks off-street parking, the street is not suitable for on-street parking, or transit, employment, or commercial services are within one-quarter mile. Cities may not charge higher impact or utility connection fees than for other single-family homes, require owner occupancy, set the listed height and size limits, or impose more restrictive rules for setbacks, lot size, coverage, or frontage. Cities had to update their plans and land-use rules by February 1, 2027.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 1Signed by Governor Brad Little on 03/31/26 Session Law Chapter 265 Effective: 07/01/2026Became Law
- Mar 30Reported delivered to Governor at 2 p.m. on 03/30/26To Governor
- Mar 30Reported signed by the Speaker & ordered delivered to GovernorMinor
- Mar 30Received from Senate; Signed by Speaker; Returned to SenateMajor
- Mar 30Reported enrolled; signed by President; to House for signature of SpeakerMajor
- Mar 27Returned From House Passed; referred to enrollingMinor
- Mar 26Rules Suspended: Ayes 65 Nays 0 Abs/Excd 5, read in full as required – PASSED - 47-23-0AYES – Alfieri, Barbieri, Beiswenger, Berch, Bingham, Bruce, Burgoyne, Cayler, Cheatum, Church, Crane(12), Dygert, Egbert, Ehardt, Ehlers, Erickson, Furniss, Galaviz, Gannon, Garner, Green, Handy, Harris, Hawkins, Haws, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, Mathias, Mendive, Miller, Mitchell, Pickett, Price, Rasor, Redman, Rubel, Scott, Shepherd, Shirts, Thompson, Wisniewski, Mr. SpeakerNAYS – Boyle, Cannon, Cornilles, Crane(13), Fuhriman, Hall(Stone), McCann, Mickelsen, Monks, Nelsen, Palmer, Petzke, Pohanka, Raybould, Raymond, Sauter, Skaug, Tanner(13), Tanner(14), Vander Woude, Veile, Weber, WheelerAbsent – NoneFloor Sponsor - BinghamTitle apvd - to SenatePassed 2nd Chamber
- Vote recorded Rules Suspended: Ayes 65 Nays 0 Abs/Excd 5, read in full as required –. Result: pass.Lower
- Mar 26Reported out of Committee with Do Pass Recommendation, Filed for Second ReadingMinor
- Mar 23Read First Time, Referred to BusinessMinor
- Mar 23Received from the Senate, Filed for First Reading
- Mar 20Read third time in full as amended – PASSED - 25-10-0AYES – Adams, Bjerke(Bjerke), Blaylock, Carlson, Den Hartog, Galloway, Harris, Hart, Kohl, Lakey, Lent, Nichols, Okuniewicz, Rabe, Ruchti, Semmelroth, Shippy, Taylor, Toews, VanOrden, Ward-Engelking, Wintrow, Woodward, Zito, ZuiderveldNAYS – Anthon, Bernt, Burtenshaw, Cook, Foreman, Grow, Guthrie, Keyser, Lenney, RicksAbsent and excused – NoneFloor Sponsor - ToewsTitle apvd - to HousePassed 1st Chamber
- Vote recorded Read third time in full as amended –. Result: pass.Upper
- Mar 19Read second time as amended, filed for Third readingMinor
- Mar 18Read first time as amended, filed for Second Reading
- Mar 18Reported engrossed, filed for first reading, as amended
- Mar 18Amendments reported printed
- Mar 17Amendments ordered printed; referred for engrossment
- Mar 17Reported out without recommendation, as amended
- Mar 17Placed in the Committee of the Whole
- Mar 12Reported out of committee; to 14th Order for amendment
- Mar 3Reported Printed; referred to Local Government & Taxation
- Mar 2Introduced; read first time; referred to JR for PrintingIntroduced
Housing