MUNICIPAL CORPORATIONS – Adds to existing law to provide for an administrative process for certain land divisions.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
707
BY
BUSINESS
COMMITTEE
AN
ACT
1
RELATING
TO
PLATS
AND
VACATIONS;
PROVIDING
LEGISLATIVE
INTENT;
AMENDING
2
CHAPTER
13,
TITLE
50,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
3
50
-
1335,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
AN
ADMINISTRA
-
4
TIVE
PROCESS
FOR
THE
DIVISION
OF
LAND;
AND
DECLARING
AN
EMERGENCY
AND
5
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
LEGISLATIVE
INTENT.
It
is
the
intent
of
the
Legislature
to
8
permit
homeowners,
builders,
and
lenders
to
separate
ownership
or
financing
9
of
land
containing
an
approved
or
existing
accessory
dwelling
unit
or
simi
-
10
lar
secondary
structure
without
requiring
a
full
subdivision
process
and
to
1
1
allow
individuals
to
more
easily
split
lots
so
that
mortgages
or
financing
12
can
be
accessed.
It
is
the
intent
of
the
Legislature
to
resolve
financing
13
barriers
for
permitted
alternative
accessory
dwelling
units
and
secondary
14
dwellings.
It
is
not
the
intent
of
the
Legislature
to
facilitate
outward
15
development,
subdivisions
by
another
name,
or
agricultural
land
fragmenta
-
16
tion.
17
SECTION
2.
That
Chapter
13,
Title
50,
Idaho
Code,
be,
and
the
same
is
18
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
19
ignated
as
Section
50
-
1335,
Idaho
Code,
and
to
read
as
follows:
20
50
-
1335.
DIVISION
OF
LAND
-
-
ADMINISTRATIVE
PROCESS.
(1)
Notwith
-
21
standing
any
other
provision
of
this
chapter
to
the
contrary,
cities
or
22
counties
may
establish
an
administrative
process
for
land
division,
which
23
shall
not
be
subject
to
subdivision
platting
requirements,
for
the
pur
-
24
pose
of
facilitating
a
mortgage
or
financing
division
of
land
that
contains
25
an
existing
or
approved
accessory
dwelling
unit
or
secondary
residential
26
structure.
The
need
for
a
mortgage
or
financing
division
of
land
shall
be
ev
-
27
idenced
by
a
letter
from
a
lender
or
mortgage
underwriter
demonstrating
that
28
parcel
separation
is
required
for
financing.
Such
process
may
be
used
if:
29
(a)
The
division
is
solely
for
mortgage
or
financing
purposes
and
does
30
not
create
additional
residential
entitlements
or
increase
allowable
31
density
beyond
what
is
permitted
by
applicable
zoning
regulations;
32
(b)
The
division
does
not
authorize
additional
dwelling
units
or
fur
-
33
ther
land
divisions
on
either
parcel
created
by
the
division
and
the
di
-
34
vision
attaches
to
the
original
parcel
and
runs
with
the
land;
and
35
(c)
Each
resulting
parcel
has
adequate
legal
access
and
utility
service
36
in
accordance
with
applicable
local
standards.
37
(2)
Nothing
in
this
section
shall
be
construed
to
permit
serial
or
re
-
38
cursive
division
through
conveyance,
reconfiguration,
or
recombination
and
39
re
-
split
methods.
40

2
(3)
Divisions
made
pursuant
to
the
process
provided
in
this
section
1
shall
be
recorded
with
the
county
recorder
and
shall
include
a
declaration
2
restricting
further
division
or
development
inconsistent
with
this
section.
3
(4)
Nothing
in
this
section
shall
be
construed
to
alter
or
supersede
4
agricultural
protections
provided
for
bona
fide
divisions
of
agricultural
5
land
under
this
chapter
or
to
authorize
the
creation
of
new
building
lots
in
6
violation
of
local
zoning
or
density
standards.
7
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
8
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
9
July
1,
2026.
10