Bill

Bill > S1354


ID S1354

ID S1354
Amends and adds to existing law to revise provisions regarding prohibitions against restrictive covenants banning accessory dwelling units and to establish provisions regarding accessory dwelling units in the Local Land Use Planning Act.


summary

Introduced
03/02/2026
In Committee
03/27/2026
Crossed Over
03/20/2026
Passed
03/31/2026
Dead
Signed/Enacted/Adopted
03/31/2026

Introduced Session

2026 Regular Session

Bill Summary

RELATING TO ACCESSORY DWELLING UNITS; AMENDING SECTION 55-3212, IDAHO CODE, TO REVISE PROVISIONS REGARDING ACCESSORY DWELLING UNITS AND TO REMOVE A DEFINITION; AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-6541, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING ACCESSORY DWELLING UNITS AND TO PROVIDE A DEFINITION; PROVIDING SEVER- ABILITY; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.

AI Summary

This bill aims to revise existing laws and introduce new provisions concerning accessory dwelling units (ADUs), which are secondary housing units on the same property as a primary residence, such as a basement apartment or a detached backyard cottage. It prohibits homeowner's associations from enforcing covenants, conditions, or restrictions that ban ADUs unless the property owner explicitly agrees in writing, though reasonable rules regarding their use, like architectural design and size, can still be adopted. Furthermore, the bill mandates that cities with populations over 10,000 cannot ban ADUs in residential zones and must amend their land use plans by February 1, 2027, to allow for at least one internal or detached ADU per lot, with specific limitations on parking requirements, impact fees, size, owner-occupancy, building height, and other restrictions compared to primary single-family dwellings, while ensuring ADU projects meeting requirements are approved administratively. The bill also includes a severability clause, meaning if any part is found invalid, the rest remains in effect, and declares an emergency, making it effective on July 1, 2026.

Committee Categories

Budget and Finance, Business and Industry, Justice

Sponsors (0)

No sponsors listed

Other Sponsors (1)

State Affairs Committee (Senate)

Last Action

Session Law Chapter 265 Effective: 07/01/2026 (on 03/31/2026)

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