Amends existing law to revise provisions regarding limitations on the regulation of short-term rentals.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1263 BY COMMERCE AND HUMAN RESOURCES COMMITTEE AN ACT1 RELATING TO LOCAL LAND USE PLANNING; AMENDING SECTION 67-6539, IDAHO2 CODE, TO REVISE PROVISIONS REGARDING LIMITATIONS ON THE REGULATION OF3 SHORT-TERM RENTALS AND VACATION RENTALS AND TO MAKE TECHNICAL CORREC-4 TIONS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 67-6539, Idaho Code, be, and the same is hereby7 amended to read as follows:8 67-6539. LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS AND VACATION9 RENTALS. (1) Neither a county nor a city may enact or enforce any ordinance10 that has the express or practical effect of prohibiting short-term rentals11 or vacation rentals in the county or city. A county or city may implement12 such reasonable regulations as it deems necessary to safeguard the public13 health, safety, and general welfare in order to protect the integrity of res-14 idential neighborhoods in which short-term rentals or vacation rentals op-15 erate. A short-term rental or vacation rental shall be classified as a res-16 idential land use for zoning purposes subject to all applicable zoning re-17 quirements applicable thereto.18 (2) Neither a county nor a city can shall regulate the operation of a19 short-term rental marketplace.20 (3)(a) A county or city may require a license, permit, or certification21 to operate a short-term rental only if:22 (i) A property owner owns or has a financial interest in four (4)23 or more short-term rentals within the jurisdiction, including24 units held by commonly controlled entities, trusts, partnerships,25 or affiliates; or26 (ii) A short-term rental generates ten thousand dollars ($10,000)27 or more in gross annual short-term rental revenue, defined as the28 total amount paid by occupants for lodging before any deductions29 for expenses, commissions, fees, taxes, or costs of operation dur-30 ing a calendar year.31 (b) A county or city may require owners of short-term rentals who do32 not have a license, permit, or certification to register annually and33 to designate a local contact person and may charge a reasonable adminis-34 trative fee pursuant to section 63-1311, Idaho Code.35 (4) A county or city may require a property owner or an owner's designee36 to implement only the following regulations specifically applicable to37 short-term rentals:38 (a) Require that all living spaces in a short-term rental, including39 bedrooms, living rooms, family rooms, and kitchens, be equipped with40 functioning smoke alarms, whether interconnected smoke alarms, inde-41 pendent battery-operated smoke alarms, or a combination of both such42

2 alarms, and may require that the short-term rental be equipped with fire1 extinguishers and removable escape ladders in sleeping areas above the2 main floor;3 (b) Require that each floor of a short-term rental be equipped with4 functioning carbon monoxide detectors;5 (c) Set maximum occupancy limits and zoning requirements for6 short-term rentals based on non-transient residential land use con-7 tained in the international fire code and building codes adopted by the8 Idaho building code board; and9 (d) Require a short-term rental owner or an owner's designee to provide10 easily accessible informational handouts regarding the location of ex-11 its, the location of fire extinguishers, the location of any first aid12 kits, and the phone number and email address to contact the owner or man-13 ager of the short-term rental in the case of an emergency.14 (5) Any other reasonable regulations relating to safeguarding the15 public health, safety, and general welfare shall not impose greater re-16 strictions or obligations on short-term rentals than are imposed on similar17 dwelling units, such as long-term rentals, or any other residential use that18 is not a short-term rental.19 (6) The provisions of this section shall not be construed to relieve an20 owner of a short-term rental from any liability related to the ownership, op-21 eration, or management of any short-term rental or to establish liability22 for any county or city or agent thereof that enacts any ordinance governing23 short-term rentals that it is authorized to enact by this section or that de-24 clines to enact any ordinance governing short-term rentals that is not re-25 quired pursuant to this section.26

SECTION 2. An emergency existing therefor, which emergency is hereby27 declared to exist, this act shall be in full force and effect on and after28 July 1, 2026.29