Amends and adds to existing law to prohibit certain restrictive covenants against manufactured homes and to revise provisions regarding siting of manufactured homes in residential areas.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 647 BY BUSINESS COMMITTEE AN ACT1 RELATING TO MANUFACTURED HOMES; AMENDING SECTION 39-4105, IDAHO CODE, TO RE-2 VISE A DEFINITION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER3 6, TITLE 55, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 55-619, IDAHO4 CODE, TO PROHIBIT CERTAIN RESTRICTIVE COVENANTS AGAINST MANUFACTURED5 HOMES; AMENDING SECTION 67-6509A, IDAHO CODE, TO REVISE PROVISIONS RE-6 GARDING SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS; AND DECLAR-7 ING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.8

Be It Enacted by the Legislature of the State of Idaho:9

SECTION 1. That Section 39-4105, Idaho Code, be, and the same is hereby10 amended to read as follows:11 39-4105. DEFINITIONS. As used in this chapter, the terms defined in12 this section shall have the following meanings, unless the context clearly13 indicates another meaning. Where terms are not defined in this chap-14 ter and are defined in the currently adopted International Building Code15 international building code published by the International Code Council16 international code council, such terms shall have the meanings ascribed to17 them in that code:18 (1) "Administrator" means the administrator of the division of occupa-19 tional and professional licenses for the state of Idaho.20 (2) "Board" means the Idaho building code board, herein created.21 (3) "Building inspector" means a person who inspects buildings or22 structures for compliance with the provisions of this chapter.23 (4) "Construction" means the erection, fabrication, reconstruction,24 demolition, alteration, conversion, or repair of a building or the installa-25 tion of equipment therein normally a part of the structure.26 (5) "Division" means the state of Idaho division of occupational and27 professional licenses.28 (6) "International Fire Code fire code" means the International Fire29 Code international fire code as published by the International Code Council30 international code council.31 (7) "Local government" means any city or county of this state.32 (8) "Manufactured home" means a structure, constructed after June 15,33 1976, in accordance with the HUD manufactured home construction and safety34 standards, and is transportable in one (1) or more sections, which that, in35 the traveling mode, is eight (8) body feet or more in width or is forty (40)36 body feet or more in length, or when erected on site, is three hundred twenty37 (320) or more square feet, and which that is built on a permanent chassis38 and designed to be used as a dwelling with or without a permanent founda-39 tion when connected to the required utilities, and includes the plumbing,40 heating, air conditioning, and electrical systems contained therein, ex-41 cept that such term shall include any structure which that meets all the re-42

2 quirements of this subsection except the size requirements and with respect1 to which the manufacturer voluntarily files a certification required by the2 secretary of housing and urban development and complies with the standards3 established under 42 U.S.C. 5401 et seq. Manufactured homes include multi-4 family manufactured homes that are constructed in accordance with the HUD5 manufactured home construction and safety standards.6 (9) "Mobile home" means a factory-assembled structure or structures7 generally constructed prior to June 15, 1976, and equipped with the neces-8 sary service connections and made so as to be readily movable as a unit or9 units on their own running gear and designed to be used as a dwelling unit or10 units with or without a permanent foundation.11 (10) "Telecommunications facilities" means all wires, cables, equip-12 ment, apparatus or other installations necessary to furnish service, by13 which there is accomplished or may be accomplished the sending or receiving14 of information, data, message writing signs, signals, pictures, and sounds15 of all kinds, by aid of such wires, cables, equipment, apparatus or other16 installations, but shall not include the habitable structure in which such17 telecommunications facilities are housed.18

SECTION 2. That Chapter 6, Title 55, Idaho Code, be, and the same is19 hereby amended by the addition thereto of a NEW SECTION, to be known and des-20 ignated as Section 55-619, Idaho Code, and to read as follows:21 55-619. MANUFACTURED HOMES -- RESTRICTIVE COVENANTS PROHIBITED. (1)22 On and after July 1, 2026, no restrictive covenant shall be entered into that23 prohibits or unreasonably restricts siting of manufactured homes, as de-24 fined in section 39-4105, Idaho Code, on lots where single-family dwellings25 are permitted. Any such covenant is hereby declared to be against public26 policy and is void and unenforceable. Any person attempting to create or27 enforce such a covenant shall be liable for any attorney's fees, court costs,28 and any other damages incurred by the other party.29 (2) This section shall not apply to restrictive covenants against manu-30 factured homes on lots where single-family dwellings are permitted that are31 entered into prior to July 1, 2026.32

SECTION 3. That Section 67-6509A, Idaho Code, be, and the same is hereby33 amended to read as follows:34 67-6509A. SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS -- PLAN35 TO BE AMENDED. (1) By resolution or ordinance adopted, amended, or repealed36 in accordance with the notice and hearing procedures provided under section37 67-6509, Idaho Code, each governing board shall amend its comprehensive plan38 and land use regulations for all land zoned for single-family residential39 uses, except for lands falling within an area defined as a historic district40 under section 67-4607, Idaho Code, to allow for siting of manufactured homes41 as defined in section 39-4105, Idaho Code.42 (2) Manufactured homes on individual lots zoned for single-family res-43 idential uses as provided in subsection (1) of this section shall be in ad-44 dition to manufactured homes on lots within designated mobile home parks or45 manufactured home subdivisions.46

3 (3) This section shall not be construed as abrogating a recorded re-1 strictive covenant.2 (4) A governing board may adopt any or all of the following placement3 standards, or any less restrictive standards, for the approval of manufac-4 tured homes located outside mobile home parks:5 (a) The manufactured home shall be may be either a single section or6 multisectional and shall enclose a space of not less than one thousand7 (1,000) square feet at least four hundred (400) square feet for a single8 section or eight hundred (800) square feet for a multisectional manu-9 factured home;10 (b) The manufactured home shall be placed on an excavated and back-11 filled foundation and enclosed at the perimeter such that the home is12 located not more than twelve (12) inches above grade, except when placed13 on a basement foundation;14 (c) The manufactured home shall have a pitched roof, except that no15 standards shall require a slope of greater than a nominal three (3) feet16 in height for each twelve (12) feet in width;17 (d) The manufactured home shall have exterior siding and roofing which18 in color, material, and appearance is similar to the exterior siding and19 roofing material commonly used on residential dwellings within the com-20 munity or which is comparable to the predominant materials used on sur-21 rounding dwellings as determined by the local permit approval author-22 ity;23 (e) The manufactured home shall have a garage or carport constructed of24 like materials if zoning ordinances would require a newly constructed25 nonmanufactured home to have a garage or carport;26 (f) In addition to the provisions of paragraphs (a) through (e) of this27 subsection, a city or county may subject a manufactured home and the lot28 upon on which it is sited to any development standard, architectural re-29 quirement, and minimum size requirements to which a conventional sin-30 gle-family residential dwelling on the same lot would be subjected.31 (5) Any approval standards, special conditions and the procedures for32 approval adopted by a local government shall be clear and objective and shall33 not have the effect, either in themselves or cumulatively, of discouraging34 needed housing through unreasonable cost or delay.35

SECTION 4. An emergency existing therefor, which emergency is hereby36 declared to exist, this act shall be in full force and effect on and after37 July 1, 2026.38