Adds to existing law to establish provisions regarding starter home subdivisions.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1279 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT1 RELATING TO HOUSING; AMENDING CHAPTER 6, TITLE 55, IDAHO CODE, BY THE ADDI-2 TION OF A NEW SECTION 55-619, IDAHO CODE, TO PROHIBIT CERTAIN RESTRIC-3 TIVE COVENANTS AGAINST STARTER HOME SUBDIVISIONS; AMENDING CHAPTER 32,4 TITLE 55, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 55-3214, IDAHO5 CODE, TO PROVIDE PROHIBITIONS REGARDING CERTAIN COVENANTS, CONDITIONS,6 AND RESTRICTIONS ON STARTER HOME SUBDIVISIONS; AMENDING CHAPTER 65, TI-7 TLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-6541, IDAHO CODE,8 TO ESTABLISH PROVISIONS REGARDING STARTER HOME SUBDIVISIONS IN THE LO-9 CAL LAND USE PLANNING ACT AND TO PROVIDE A DEFINITION; PROVIDING SEVER-10 ABILITY; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.11

Be It Enacted by the Legislature of the State of Idaho:12

SECTION 1. That Chapter 6, Title 55, Idaho Code, be, and the same is13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-14 ignated as Section 55-619, Idaho Code, and to read as follows:15 55-619. STARTER HOME SUBDIVISIONS -- RESTRICTIVE COVENANTS PROHIB-16 ITED. (1) On and after July 1, 2026, no restrictive covenant shall be entered17 into that strictly prohibits or unreasonably restricts the construction of18 starter home subdivisions as provided in section 67-6541, Idaho Code. Any19 such covenant is hereby declared to be against public policy and is void and20 unenforceable. Any person attempting to create or enforce such a covenant21 shall be subject to a cause of action and liable for any attorney's fees,22 court costs, and any other damages incurred by the other party.23 (2) This section shall not apply to restrictive covenants against24 starter home subdivisions as provided in section 67-6541, Idaho Code, that25 are entered into prior to July 1, 2026.26

SECTION 2. That Chapter 32, Title 55, Idaho Code, be, and the same is27 hereby amended by the addition thereto of a NEW SECTION, to be known and des-28 ignated as Section 55-3214, Idaho Code, and to read as follows:29 55-3214. STARTER HOME SUBDIVISIONS. No covenant, condition, or re-30 striction may be added, amended, or enforced by a homeowner's association31 or any other parties in such a way that strictly prohibits or unreasonably32 restricts starter home subdivisions as provided in section 67-6541, Idaho33 Code. This section shall not affect any such covenant, condition, or re-34 striction in effect prior to July 1, 2026.35

SECTION 3. That Chapter 65, Title 67, Idaho Code, be, and the same is36 hereby amended by the addition thereto of a NEW SECTION, to be known and des-37 ignated as Section 67-6541, Idaho Code, and to read as follows:38

2 67-6541. STARTER HOME SUBDIVISIONS. (1) No county or city shall enact1 or enforce any ordinance within its jurisdiction that bans starter home sub-2 divisions in any residential zoning area. "Starter home subdivision" means3 a proposed new subdivision for single-family dwellings located on vacant or4 undeveloped land that is at least four (4) acres in size.5 (2) By resolution or ordinance adopted, amended, or repealed in accor-6 dance with the notice and hearing procedures provided in section 67-6509,7 Idaho Code, each governing board shall amend its comprehensive plan and land8 use regulations for all land zoned for single-family residential use, except9 for lands falling within an area defined as a historic district in section10 67-4607, Idaho Code, to:11 (a) Prohibit requiring minimum lot sizes exceeding one thousand12 (1,000) square feet for lots located in starter home subdivisions;13 (b) Prohibit requiring front or rear setbacks exceeding fifteen (15)14 feet or side setbacks exceeding five (5) feet for a primary residential15 structure on a lot;16 (c) Prohibit requiring lot front widths exceeding thirty (30) feet for17 narrow lots;18 (d) Prohibit requiring lot depths exceeding seventy (70) feet, unless19 overall lot shape, topography, or environmental or infrastructure con-20 straints require it;21 (e) Allow density of at least twelve (12) dwelling units per lot acre22 unless infrastructure limitations, lot configuration, or environmen-23 tal constraints make it unfeasible; and24 (f) Prohibit imposing permit fees, development impact fees, or util-25 ity connection fees for starter home subdivisions exceeding those that26 would be imposed on other single-family home subdivisions. A local27 government may provide incentives to builders through fee reductions or28 waivers for compliance with smaller lot and setback options.29 (3) The provisions of this section shall not supersede state or local30 laws that protect public health, safety, and welfare, including:31 (a) Building codes, fire safety standards, and flood plain regula-32 tions;33 (b) Laws regarding water, sewer, storm drainage, road access, and util-34 ity services necessary to support the required density; and35 (c) Laws regarding environmental hazards, aquifer recharge zones,36 steep slopes, or critical habitat protections.37 (4) A property owner, housing developer, or other affected party may38 bring a private cause of action for injunctive relief, monetary damages,39 reasonable attorney's fees and costs, and any other appropriate relief40 available under law to enforce compliance with the provisions of this sec-41 tion.42

SECTION 4. SEVERABILITY. The provisions of this act are hereby declared43 to be severable and if any provision of this act or the application of such44 provision to any person or circumstance is declared invalid for any reason,45 such declaration shall not affect the validity of the remaining portions of46 this act.47

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SECTION 5. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3