Bill > H0802

This bill establishes provisions allowing for multifamily residential housing developments, which are buildings with multiple separate housing units, in areas currently zoned for commercial use, meaning areas primarily designated for retail, office, or other non-residential commercial activities. The legislature finds this necessary to address a housing shortage by enabling the use of underutilized commercial spaces, increasing housing supply, reducing commute times, and promoting economic growth. Cities will be required to amend their comprehensive plans and land use regulations to permit these developments, subject to the same siting, design, and development standards as other commercial uses in the same zone. Notably, these developments will generally be limited to one parking space per dwelling unit unless specific safety or infrastructure concerns justify more, and projects meeting established requirements will be approved administratively as a matter of right, meaning they will not require discretionary approval and will not face reviews not applied to other "as-of-right" projects in commercial zones. Approval standards must be clear, objective, and not make development economically infeasible, and any affected party can take legal action to enforce compliance. However, these provisions do not apply to land zoned exclusively for industrial use, areas with specific environmental hazards like floodplains or steep slopes, or parcels located near airport runways or within airport influence areas. The bill also declares an emergency and sets an effective date of July 1, 2026.

Business and Industry

Ways and Means Committee (House)

https://legislature.idaho.gov/sessioninfo/2026/legislation/H0802/