Bill > S1277

This bill aims to promote the development of accessory dwelling units (ADUs), which are secondary housing units on the same lot as a primary home, by prohibiting restrictive covenants that ban them and establishing statewide rules for their creation. Specifically, it amends existing laws to prevent homeowner associations and other parties from unreasonably restricting ADUs, removing a previous definition of "internal accessory dwelling units" and replacing it with a broader definition that includes units that are internal, attached, or detached from the main house, but excludes mobile dwellings. The bill also adds a new section to the Local Land Use Planning Act that prohibits counties, cities, and districts from banning ADUs in residential zones, classifying them as residential land use, and outlines specific requirements for local governments to allow ADUs, including permitting one or two ADUs depending on lot size, prohibiting mandatory parking for ADUs, limiting impact fees, setting minimum size requirements, and relaxing setback rules for certain ADUs. Furthermore, it mandates that ADU projects meeting established requirements be approved administratively, without discretionary review, and allows for legal action to enforce these provisions, with an effective date of July 1, 2026.

Business and Industry, Justice

Local Government and Taxation Committee (Senate)

https://legislature.idaho.gov/sessioninfo/2026/legislation/S1277/