Adds to existing law to provide for an administrative process for certain land divisions.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 707 BY BUSINESS COMMITTEE AN ACT1 RELATING TO PLATS AND VACATIONS; PROVIDING LEGISLATIVE INTENT; AMENDING2 CHAPTER 13, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION3 50-1335, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING AN ADMINISTRA-4 TIVE PROCESS FOR THE DIVISION OF LAND; AND DECLARING AN EMERGENCY AND5 PROVIDING AN EFFECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. LEGISLATIVE INTENT. It is the intent of the Legislature to8 permit homeowners, builders, and lenders to separate ownership or financing9 of land containing an approved or existing accessory dwelling unit or simi-10 lar secondary structure without requiring a full subdivision process and to11 allow individuals to more easily split lots so that mortgages or financing12 can be accessed. It is the intent of the Legislature to resolve financing13 barriers for permitted alternative accessory dwelling units and secondary14 dwellings. It is not the intent of the Legislature to facilitate outward15 development, subdivisions by another name, or agricultural land fragmenta-16 tion.17

SECTION 2. That Chapter 13, Title 50, Idaho Code, be, and the same is18 hereby amended by the addition thereto of a NEW SECTION, to be known and des-19 ignated as Section 50-1335, Idaho Code, and to read as follows:20 50-1335. DIVISION OF LAND -- ADMINISTRATIVE PROCESS. (1) Notwith-21 standing any other provision of this chapter to the contrary, cities or22 counties may establish an administrative process for land division, which23 shall not be subject to subdivision platting requirements, for the pur-24 pose of facilitating a mortgage or financing division of land that contains25 an existing or approved accessory dwelling unit or secondary residential26 structure. The need for a mortgage or financing division of land shall be ev-27 idenced by a letter from a lender or mortgage underwriter demonstrating that28 parcel separation is required for financing. Such process may be used if:29 (a) The division is solely for mortgage or financing purposes and does30 not create additional residential entitlements or increase allowable31 density beyond what is permitted by applicable zoning regulations;32 (b) The division does not authorize additional dwelling units or fur-33 ther land divisions on either parcel created by the division and the di-34 vision attaches to the original parcel and runs with the land; and35 (c) Each resulting parcel has adequate legal access and utility service36 in accordance with applicable local standards.37 (2) Nothing in this section shall be construed to permit serial or re-38 cursive division through conveyance, reconfiguration, or recombination and39 re-split methods.40

2 (3) Divisions made pursuant to the process provided in this section1 shall be recorded with the county recorder and shall include a declaration2 restricting further division or development inconsistent with this section.3 (4) Nothing in this section shall be construed to alter or supersede4 agricultural protections provided for bona fide divisions of agricultural5 land under this chapter or to authorize the creation of new building lots in6 violation of local zoning or density standards.7

SECTION 3. An emergency existing therefor, which emergency is hereby8 declared to exist, this act shall be in full force and effect on and after9 July 1, 2026.10