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. 1354 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO ACCESSORY DWELLING UNITS; AMENDING SECTION 55-3212, IDAHO CODE,2 TO REVISE PROVISIONS REGARDING ACCESSORY DWELLING UNITS AND TO REMOVE A3 DEFINITION; AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, BY THE ADDITION4 OF A NEW SECTION 67-6541, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING5 ACCESSORY DWELLING UNITS AND TO PROVIDE A DEFINITION; PROVIDING SEVER-6 ABILITY; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.7

Be It Enacted by the Legislature of the State of Idaho:8

SECTION 1. That Section 55-3212, Idaho Code, be, and the same is hereby9 amended to read as follows:10 55-3212. INTERNAL PROHIBITED CONDUCT -- RESTRICTIONS ON ACCESSORY11 DWELLING UNITS. (1) No covenant, condition, or restriction may be added,12 amended, or enforced by a homeowner's association or any other parties in13 such a way that strictly prohibits internal accessory dwelling units, as14 defined in subsection (3) of this section. The provisions of this section15 shall not be construed to protect more than one (1) internal accessory16 dwelling unit per homestead. No homeowner's association shall add, amend,17 or enforce any covenant, condition, or restriction in such a way that limits18 or prohibits accessory dwelling units, as defined in section 67-6541, Idaho19 Code, on any property, land, or structure thereon within the jurisdiction20 of a homeowner's association, unless the owner of the affected property21 expressly agrees in writing to such addition or amendment of a covenant,22 condition, or restriction. Nothing in this section shall be construed to23 prevent the enforcement of valid covenants, conditions, or restrictions24 limiting or prohibiting a property owner's right to transfer an interest25 in land or the structures thereon where such covenant, condition, or re-26 striction existed and applied to the property at the time the property owner27 acquired an interest in the property.28 (2) Notwithstanding the prohibitions provided in subsection (1) of29 this section, a homeowner's association may adopt reasonable rules govern-30 ing the use of internal accessory dwelling units otherwise allowed by law,31 including but not limited to size limits, height limits, setback require-32 ments, open space requirements, parking controls, and bedroom requirements.33 (3)(a) An "internal accessory dwelling unit" means a self-contained34 living unit that:35 (i) Includes its own cooking, sleeping, and sanitation facili-36 ties;37 (ii) Is located within a detached, owner-occupied homestead, as38 defined in section 63-701, Idaho Code, or such homestead's at-39 tached or detached garage; and40

2 (iii) Is used for the purpose of housing relatives of the owner of1 the homestead or for the purpose of renting to a residential tenant2 for a period exceeding thirty (30) days.3 (b) An internal accessory dwelling unit does not include an alternative4 detached structure, motor home, camper, recreational vehicle, tiny5 home on wheels, or other such similar dwellings on wheels.6 (4) (3) Nothing in this section shall be construed to restrict a home-7 owner's association from adopting a less restrictive definition of acces-8 sory dwelling units.9 (5) (4) The provisions of this section do not apply to any rentals de-10 fined in section 63-1803(4), Idaho Code.11

SECTION 2. That Chapter 65, Title 67, Idaho Code, be, and the same is12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-13 ignated as Section 67-6541, Idaho Code, and to read as follows:14 67-6541. ACCESSORY DWELLING UNITS. (1) No city shall enact or enforce15 any ordinance, rule, regulation, or policy that bans accessory dwelling16 units in any residential zoning area within its jurisdiction. An accessory17 dwelling unit shall be classified as a residential land use for zoning pur-18 poses subject to all applicable zoning requirements. "Accessory dwelling19 unit" means a self-contained living unit that includes its own cooking,20 sleeping, and sanitation facilities and that is located on the same lot as a21 single-family primary dwelling. An accessory dwelling unit may be internal,22 attached, or detached but does not include a motorhome, camper, recreational23 vehicle, tiny home on wheels, or other such similar dwellings on wheels.24 (2) By October 1, 2026, by resolution or ordinance adopted, amended, or25 repealed in accordance with the notice and hearing procedures provided under26 section 67-6509, Idaho Code, each city governing board shall amend its com-27 prehensive plan and land use regulations for all land zoned for single-fam-28 ily residential uses, except for lands falling within an area defined as a29 historic district under section 67-4607, Idaho Code, to:30 (a) Allow for one (1) internal accessory dwelling unit within the sin-31 gle-family dwelling and one (1) detached accessory dwelling unit per32 lot;33 (b) Prohibit requiring any off-street parking or guest parking for any34 accessory dwelling unit;35 (c) Prohibit imposing impact fees or utility connection fees on acces-36 sory dwelling units that are greater than those imposed on other sin-37 gle-family dwellings;38 (d) Prohibit limiting the size of an accessory dwelling unit to less39 than one thousand (1000) square feet or seventy-five percent (75%) of40 the size of the primary dwelling;41 (e) Prohibit imposing a setback requirement greater than four (4) feet42 from the side and rear lot lines for an accessory dwelling unit that is43 not converted from an existing structure or for a new structure con-44 structed in the same location and to the same dimensions as an existing45 structure, except where a greater setback requirement is necessary for46 rights-of-way and easements;47 (f) Prohibit an owner-occupancy requirement for the primary dwelling48 or for the accessory dwelling unit;49

3 (g) Prohibit imposing a limit on building height that is less than the1 height of an existing single-family primary dwelling on a lot; and2 (h) Prohibit restrictions for accessory dwelling units that are more3 restrictive than restrictions for single-family dwellings within the4 same zoning area with regard to height, setbacks, lot size, or coverage5 or building frontage.6 (3) Accessory dwelling unit projects that meet the jurisdiction's es-7 tablished land use requirements shall be approved administratively and as a8 matter of right, without the need for discretionary approval.9 (4) Any approval standards, special conditions, and procedures for ap-10 proval adopted by a local government shall be clear and objective and shall11 not have the effect, either singularly or cumulatively, of discouraging the12 development of accessory dwelling units through unreasonable cost or delay.13 (5) Nothing in this section shall prohibit a city from enacting a reg-14 ulation, standard, or condition that is less restrictive than the require-15 ments of this section.16 (6) The provisions of this section shall apply only to cities with a17 population greater than five thousand (5,000).18

SECTION 3. SEVERABILITY. The provisions of this act are hereby declared19 to be severable and if any provision of this act or the application of such20 provision to any person or circumstance is declared invalid for any reason,21 such declaration shall not affect the validity of the remaining portions of22 this act.23

SECTION 4. An emergency existing therefor, which emergency is hereby24 declared to exist, this act shall be in full force and effect on and after25 July 1, 2026.26