Amends existing law 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. 800 BY WAYS AND MEANS 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 SECTION3 67-6509A, IDAHO CODE, TO REVISE PROVISIONS REGARDING SITING OF MANUFAC-4 TURED HOMES IN RESIDENTIAL AREAS; AND DECLARING AN EMERGENCY AND PRO-5 VIDING AN EFFECTIVE DATE.6

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

SECTION 1. That Section 39-4105, Idaho Code, be, and the same is hereby8 amended to read as follows:9 39-4105. DEFINITIONS. As used in this chapter, the terms defined in10 this section shall have the following meanings, unless the context clearly11 indicates another meaning. Where terms are not defined in this chap-12 ter and are defined in the currently adopted International Building Code13 international building code published by the International Code Council14 international code council, such terms shall have the meanings ascribed to15 them in that code:16 (1) "Administrator" means the administrator of the division of occupa-17 tional and professional licenses for the state of Idaho.18 (2) "Board" means the Idaho building code board, herein created.19 (3) "Building inspector" means a person who inspects buildings or20 structures for compliance with the provisions of this chapter.21 (4) "Construction" means the erection, fabrication, reconstruction,22 demolition, alteration, conversion, or repair of a building or the installa-23 tion of equipment therein normally a part of the structure.24 (5) "Division" means the state of Idaho division of occupational and25 professional licenses.26 (6) "International Fire Code fire code" means the International Fire27 Code international fire code as published by the International Code Council28 international code council.29 (7) "Local government" means any city or county of this state.30 (8) "Manufactured home" means a structure, constructed after June 15,31 1976, in accordance with the HUD manufactured home construction and safety32 standards, and is transportable in one (1) or more sections, which that, in33 the traveling mode, is eight (8) body feet or more in width or is forty (40)34 body feet or more in length, or when erected on site, is three hundred twenty35 (320) or more square feet, and which that is built on a permanent chassis36 and designed to be used as a dwelling with or without a permanent founda-37 tion when connected to the required utilities, and includes the plumbing,38 heating, air conditioning, and electrical systems contained therein, ex-39 cept that such term shall include any structure which that meets all the re-40 quirements of this subsection except the size requirements and with respect41 to which the manufacturer voluntarily files a certification required by the42

2 secretary of housing and urban development and complies with the standards1 established under 42 U.S.C. 5401 et seq. Manufactured homes include multid-2 welling unit manufactured homes that are constructed in accordance with the3 HUD manufactured home construction and safety standards.4 (9) "Mobile home" means a factory-assembled structure or structures5 generally constructed prior to June 15, 1976, and equipped with the neces-6 sary service connections and made so as to be readily movable as a unit or7 units on their own running gear and designed to be used as a dwelling unit or8 units with or without a permanent foundation.9 (10) "Telecommunications facilities" means all wires, cables, equip-10 ment, apparatus or other installations necessary to furnish service, by11 which there is accomplished or may be accomplished the sending or receiving12 of information, data, message writing signs, signals, pictures, and sounds13 of all kinds, by aid of such wires, cables, equipment, apparatus or other14 installations, but shall not include the habitable structure in which such15 telecommunications facilities are housed.16

SECTION 2. That Section 67-6509A, Idaho Code, be, and the same is hereby17 amended to read as follows:18 67-6509A. SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS -- PLAN19 TO BE AMENDED. (1) By resolution or ordinance adopted, amended, or repealed20 in accordance with the notice and hearing procedures provided under section21 67-6509, Idaho Code, each governing board shall amend its comprehensive plan22 and land use regulations for all land zoned for single-family residential23 uses, except for lands falling within an area defined as a historic district24 under section 67-4607, Idaho Code, to allow for siting of manufactured homes25 as defined in section 39-4105, Idaho Code. For purposes of siting, a manu-26 factured home consisting of a single dwelling unit may be sited on lots where27 single-family dwellings are allowed. A multidwelling unit manufactured28 home may be sited only in areas where multifamily dwellings are allowed.29 (2) Manufactured homes on individual lots zoned for single-family res-30 idential uses as provided in subsection (1) of this section shall be in ad-31 dition to manufactured homes on lots within designated mobile home parks or32 manufactured home subdivisions.33 (3) This section shall not be construed as abrogating a recorded re-34 strictive covenant.35 (4) A governing board may adopt any or all of the following placement36 standards, or any less restrictive standards, for the approval of manufac-37 tured homes located outside mobile home parks:38 (a) The manufactured home shall be may be either a single section or39 multisectional and shall enclose a space of not less than one thousand40 (1,000) square feet at least four hundred (400) square feet for a single41 section or eight hundred (800) square feet for a multisectional manu-42 factured home;43 (b) The manufactured home shall be placed on an excavated and back-44 filled foundation and enclosed at the perimeter such that the home is45 located not more than twelve (12) inches above grade, except when placed46 on a basement foundation;47

3 (c) The manufactured home shall have a pitched roof, except that no1 standards shall require a slope of greater than a nominal three (3) feet2 in height for each twelve (12) feet in width;3 (d) The manufactured home shall have exterior siding and roofing which4 in color, material, and appearance is similar to the exterior siding and5 roofing material commonly used on residential dwellings within the com-6 munity or which is comparable to the predominant materials used on sur-7 rounding dwellings as determined by the local permit approval author-8 ity;9 (e) The manufactured home shall have a garage or carport constructed of10 like materials if zoning ordinances would require a newly constructed11 nonmanufactured home to have a garage or carport;12 (f) In addition to the provisions of paragraphs (a) through (e) of this13 subsection, a city or county may subject a manufactured home and the lot14 upon on which it is sited to any development standard, architectural re-15 quirement, and minimum size requirements to which a conventional sin-16 gle-family residential dwelling on the same lot would be subjected.17 (5) Any approval standards, special conditions and the procedures for18 approval adopted by a local government shall be clear and objective and shall19 not have the effect, either in themselves or cumulatively, of discouraging20 needed housing through unreasonable cost or delay.21

SECTION 3. An emergency existing therefor, which emergency is hereby22 declared to exist, this act shall be in full force and effect on and after23 July 1, 2026.24