Amends and adds to existing law to revise provisions regarding prohibitions against restrictive covenants banning accessory dwelling units and to establish provisions regarding accessory dwelling units in the Local Land Use Planning Act.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1277 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT1 RELATING TO ACCESSORY DWELLING UNITS; AMENDING SECTION 55-618, IDAHO CODE,2 TO REVISE PROVISIONS REGARDING INTERNAL ACCESSORY DWELLING UNITS;3 AMENDING SECTION 55-3212, IDAHO CODE, TO REVISE PROVISIONS REGARDING4 ACCESSORY DWELLING UNITS AND TO REMOVE A DEFINITION; AMENDING CHAPTER5 65, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-6541, IDAHO6 CODE, TO ESTABLISH PROVISIONS REGARDING ACCESSORY DWELLING UNITS AND TO7 PROVIDE A DEFINITION; PROVIDING SEVERABILITY; AND DECLARING AN EMER-8 GENCY AND PROVIDING AN EFFECTIVE DATE.9

Be It Enacted by the Legislature of the State of Idaho:10

SECTION 1. That Section 55-618, Idaho Code, be, and the same is hereby11 amended to read as follows:12 55-618. INTERNAL ACCESSORY DWELLING UNITS -- RESTRICTIVE COVENANTS13 PROHIBITED. (1) On and after July 1, 2023 2026, no restrictive covenant may14 be entered into that prohibits an internal or unreasonably restricts ac-15 cessory dwelling unit units, as defined in section 55-3212 67-6541, Idaho16 Code. Any such covenant is hereby declared to be against public policy and17 is void and unenforceable. Any person attempting to create or enforce such a18 covenant shall be liable for any attorney's fees, court costs, and any other19 damages incurred by the other party. The provisions of this section shall20 not be construed to protect more than one (1) internal accessory dwelling21 unit per homestead.22 (2) This section does not apply to a restrictive covenant against23 internal accessory dwelling units entered into prior to July 1, 2023 2026.24

SECTION 2. That Section 55-3212, Idaho Code, be, and the same is hereby25 amended to read as follows:26 55-3212. INTERNAL ACCESSORY DWELLING UNITS. (1) No covenant, condi-27 tion, or restriction may be added, amended, or enforced by a homeowner's28 association or any other parties in such a way that strictly prohibits29 internal or unreasonably restricts accessory dwelling units, as defined in30 subsection (3) of this section 67-6541, Idaho Code. The provisions of this31 section shall not be construed to protect more than one (1) internal acces-32 sory dwelling unit per homestead.33 (2) Notwithstanding the prohibitions provided in subsection (1) of34 this section, a homeowner's association may adopt reasonable rules govern-35 ing the use of internal accessory dwelling units otherwise allowed by law,36 including but not limited to size limits, height limits, setback require-37 ments, open space requirements, parking controls, and bedroom requirements.38 (3)(a) An "internal accessory dwelling unit" means a self-contained39 living unit that:40

2 (i) Includes its own cooking, sleeping, and sanitation facili-1 ties;2 (ii) Is located within a detached, owner-occupied homestead, as3 defined in section 63-701, Idaho Code, or such homestead's at-4 tached or detached garage; and5 (iii) Is used for the purpose of housing relatives of the owner of6 the homestead or for the purpose of renting to a residential tenant7 for a period exceeding thirty (30) days.8 (b) An internal accessory dwelling unit does not include an alternative9 detached structure, motor home, camper, recreational vehicle, tiny10 home on wheels, or other such similar dwellings on wheels.11 (4) (3) Nothing in this section shall be construed to restrict a home-12 owner's association from adopting a less restrictive definition of acces-13 sory dwelling units.14 (5) (4) The provisions of this section do not apply to any rentals de-15 fined in section 63-1803(4), Idaho Code.16

SECTION 3. That Chapter 65, Title 67, Idaho Code, be, and the same is17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-18 ignated as Section 67-6541, Idaho Code, and to read as follows:19 67-6541. ACCESSORY DWELLING UNITS. (1) No county, city, health dis-20 trict, sewer district, or water district shall enact or enforce any ordi-21 nance, rule, regulation, or policy that bans accessory dwelling units in any22 residential zoning area within its jurisdiction. An accessory dwelling unit23 shall be classified as a residential land use for zoning purposes subject to24 all applicable zoning requirements. "Accessory dwelling unit" means a self-25 contained living unit that includes its own cooking, sleeping, and sanita-26 tion facilities and that is located on the same lot as a single-family pri-27 mary dwelling. An accessory dwelling unit may be internal, attached, or de-28 tached but does not include a motorhome, camper, recreational vehicle, tiny29 home on wheels, or other such similar dwellings on wheels.30 (2) By resolution or ordinance adopted, amended, or repealed in accor-31 dance with the notice and hearing procedures provided under section 67-6509,32 Idaho Code, each governing board shall amend its comprehensive plan and land33 use regulations for all land zoned for single-family residential uses, ex-34 cept for lands falling within an area defined as a historic district under35 section 67-4607, Idaho Code, to:36 (a) Allow for one (1) accessory dwelling unit on lots with a size of up37 to one (1) acre and a maximum of two (2) accessory dwelling units for38 lots larger than one (1) acre. Where one (1) accessory dwelling unit39 is an internal accessory dwelling unit within the single-family primary40 dwelling, up to two (2) accessory dwelling units shall be allowed re-41 gardless of the size of the lot;42 (b) Prohibit requiring any off-street parking or guest parking for any43 accessory dwelling unit;44 (c) Prohibit imposing impact fees or utility connection fees on acces-45 sory dwelling units that are greater than those imposed on other sin-46 gle-family dwellings;47

3 (d) Prohibit limiting the size of an accessory dwelling unit to less1 than one thousand (1000) square feet or seventy-five percent (75%) of2 the size of the primary dwelling;3 (e) Prohibit imposing a setback requirement greater than four (4) feet4 from the side and rear lot lines for an accessory dwelling unit that is5 not converted from an existing structure or for a new structure con-6 structed in the same location and to the same dimensions as an existing7 structure;8 (f) Prohibit an owner-occupancy requirement for the primary dwelling9 or for the accessory dwelling unit;10 (g) Prohibit restrictions for accessory dwelling units that are more11 restrictive than restrictions for single-family dwellings within the12 same zoning area with regard to height, setbacks, lot size, or coverage13 or building frontage;14 (h) Prohibit imposing a limit on density that is more restrictive than15 the greater of either the highest residential density allowed in the mu-16 nicipality or thirty-six (36) dwelling units per acre;17 (i) Prohibit imposing a limit on building height that is more restric-18 tive than the greater of either the highest height applicable to an of-19 fice, commercial, retail, or warehouse development constructed on the20 site or forty-five (45) feet; and21 (j) Prohibit imposing a setback or buffer requirement that is more22 restrictive than the lesser of either a setback or buffer requirement23 applicable to an office, commercial, retail, or warehouse development24 constructed on the site or twenty-five (25) feet.25 (3) Accessory dwelling unit projects that meet the jurisdiction's es-26 tablished land use requirements shall be approved administratively and as a27 matter of right, without the need for discretionary approval.28 (4) Any approval standards, special conditions, and procedures for ap-29 proval adopted by a local government shall be clear and objective and shall30 not have the effect, either singularly or cumulatively, of discouraging the31 development of accessory dwelling units through unreasonable cost or delay.32 (5) A property owner, housing developer, or other affected party may33 bring a private cause of action for injunctive relief, monetary damages,34 reasonable attorney's fees and costs, and any other appropriate relief35 available under law to enforce compliance with the provisions of this sec-36 tion.37

SECTION 4. SEVERABILITY. The provisions of this act are hereby declared38 to be severable and if any provision of this act or the application of such39 provision to any person or circumstance is declared invalid for any reason,40 such declaration shall not affect the validity of the remaining portions of41 this act.42

SECTION 5. An emergency existing therefor, which emergency is hereby43 declared to exist, this act shall be in full force and effect on and after44 July 1, 2026.45