Bill > S1278

This bill establishes new regulations for development on land owned or leased by religious organizations, defining "religious land" as property owned by a religious organization or leased for at least 40 years by one. It mandates that cities and counties must permit multifamily (three or more dwelling units) and mixed-use (at least 65% residential square footage) developments on such land, and prohibits requiring zoning changes, variances, or special permits for these uses. The bill also restricts local governments from imposing stricter building height limits (less than 40 feet or three stories), setback requirements, minimum parking rules (unless federally mandated), density limits, building coverage, or unit size restrictions beyond what is specified, and prohibits prohibiting supportive housing or group homes. However, it clarifies that cities and counties can still enforce generally applicable sewer, water, stormwater, and building code requirements not otherwise restricted. The bill mandates approval of compliant developments and allows aggrieved parties or housing organizations to sue for violations, with the court able to award damages and attorney fees. Importantly, this bill does not apply to religious land within a quarter-mile of heavy industrial uses, airports, or military bases, and it explicitly excludes homeless shelters from its provisions.

Government Affairs, Justice

Local Government and Taxation Committee (Senate)

https://legislature.idaho.gov/sessioninfo/2026/legislation/S1278/