Idaho's 2026 Legislative Session: What Passed

Enables starter home subdivisions on residential land

Allows developers to build small-lot single-family subdivisions — the bill's sponsors cited the national median age of first-time homebuyers reaching 40 as evidence that zoning barriers are squeezing out entry-level ownership. Sets state minimums for lot size, frontage, setbacks, and density while preserving local health, safety, and infrastructure requirements. The House vote was the closest of any 2026 non-appropriations bill.

House 36–34 · Senate 25–10 · Sen. Ben Toews (R)

Allows apartment buildings to be served by a single interior stairway

Authorized local governments to permit apartment buildings up to six stories tall to use a single interior exit stairway — a design standard common in European cities but blocked by the International Building Code Idaho had adopted. Eligible buildings must meet enhanced fire protection requirements: full NFPA 13 sprinkler systems, two-hour fire-rated stair enclosures, pressurized stairwells, and smoke detection throughout. Sponsors framed it as a housing density tool that can reduce construction costs without sacrificing life safety. The Senate passed it by one vote.

House 63–7 · Senate 18–17 · Rep. Jordan Redman (R)

Allows accessory dwelling units by-right under state standards (preempts local bans)

Treated ADUs as a residential use allowed by-right under Idaho's Local Land Use Planning Act, preempting cities and counties from banning or unreasonably restricting them. Also voided restrictive covenants that prohibit ADUs. Opponents argued it stripped local communities of land-use authority; proponents said it was needed to create more housing supply. Covered in detail in the property tax and housing recap.

House 47–23 · Senate 25–10 · Sen. Ben Toews (R)

Limits local regulation of short-term rentals

Tightened existing limits on city and county authority to regulate short-term rentals (Airbnb-style listings). Local governments may regulate STRs only on narrow public health and safety grounds. Framed by sponsors as protection for homeowners' property rights; opponents said it blocked communities from managing neighborhood character and housing supply. Covered in detail in the property tax and housing recap.

House 54–16 · Senate 23–12 · Rep. Mike Moyle (R)

Requires a daily moment of silence in Idaho public schools

Required public school classrooms to provide at least 60 seconds of silence at or near the start of each school day. Students may use the time to reflect, meditate, pray, or engage in any other silent activity. Schools are prohibited from providing instruction about how the time should be used. The Senate passed it by three votes — the narrowest education bill of the session.

House 51–17 · Senate 18–15 · Rep. Bruce Skaug (R)

Requires hearing loss screening for newborns

Mandated that Idaho hospitals and birthing facilities screen newborns for hearing loss before discharge. The goal is earlier intervention — identifying hearing impairment at birth rather than waiting until it becomes apparent at age 2 or 3, when language development delays have already begun. The House passed it narrowly; rural hospital compliance costs were the primary concern raised in debate.

House 37–32 · Senate 22–13 · Sen. Codi Galloway (R)

Establishes statutory authority for DHW background checks

Codified the legal authority for the Idaho Department of Health and Welfare to conduct FBI fingerprint-based background checks on license applicants. The FBI requires a specific legislative basis to share criminal history data with state agencies. Without this bill, DHW risked losing access to federal background check infrastructure for childcare, healthcare worker, and foster care licensing. The bill passed its second House vote more comfortably than its first.

House 41–29 (final) · Senate 20–13 · Rep. Josh Wheeler (R)

Authorizes the Legislature to review Idaho Supreme Court rules

Established a process by which the Legislature can identify conflicts between Idaho court rules and Idaho statute and require the Supreme Court to respond. Idaho's constitution gives the judiciary rulemaking authority, and critics argued this bill creates a separation-of-powers tension. Sponsors said it was about legislative oversight, not court control. The bill passed with large majorities in both chambers despite that constitutional debate.

House 65–5 · Senate 29–6 · Rep. Heather Scott (R)

Ratifies the 2026 Coeur d'Alene Tribe water rights settlement

Ratified the Coeur d'Alene Tribe Water Rights Settlement Agreement of 2026, resolving tribal water claims in the Coeur d'Alene–Spokane River Basin Adjudication — a legal dispute that had been pending for decades. The settlement also authorized the Idaho Water Resource Board to establish a water supply bank allowing the Tribe to lease or rent its federal reserved water rights to off-reservation users within the basin. Passed both chambers without a single dissenting vote.

House 64–0 · Senate 34–0 · Rep. Ron Mendive (R)

Merges the Office of Species Conservation and the Office of Energy and Mineral Resources

Combined two offices within the Governor's executive branch — the Office of Species Conservation and the Office of Energy and Mineral Resources — into a single agency. The stated rationale was reducing administrative overhead and leveraging shared capacity. Critics questioned whether merging species conservation with energy and mining permitting created a conflict of interest. The bill passed overwhelmingly.

House 66–4 · Senate 30–2 · Rep. Judy Boyle (R)

Allows federal funds to be used for bicycle and pedestrian projects

Updated Idaho Code to allow federal grants received by the state transportation department to be used for bicycle and pedestrian facility improvements. Prior Idaho law restricted how those federal dollars could be spent. The bill was carried by a Democratic sponsor and passed with a bipartisan but divided vote — one of the few 2026 bills where the minority party provided the key margin.

House 39–29 · Senate 19–16 · Rep. Brooke Green (D)