Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
801
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
LOCAL
LAND
USE
PLANNING;
AMENDING
CHAPTER
65,
TITLE
67,
IDAHO
2
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
67
-
6541,
IDAHO
CODE,
TO
ESTABLISH
3
PROVISIONS
FOR
THE
REGULATION
OF
DEVELOPMENT
ON
RELIGIOUS
LAND,
TO
DE
-
4
FINE
TERMS,
TO
PROVIDE
APPLICABILITY,
TO
PROVIDE
FOR
ALLOWABLE
USES,
TO
5
PROHIBIT
CERTAIN
CITY
REQUIREMENTS,
TO
PERMIT
CERTAIN
CITY
REGULATION,
6
AND
TO
PROVIDE
FOR
A
DUTY
TO
APPROVE
CERTAIN
DEVELOPMENT;
AND
DECLARING
7
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Chapter
65,
Title
67,
Idaho
Code,
be,
and
the
same
is
10
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
1
1
ignated
as
Section
67
-
6541,
Idaho
Code,
and
to
read
as
follows:
12
67
-
6541.
REGULATION
OF
DEVELOPMENT
ON
RELIGIOUS
LAND.
(1)
As
used
in
13
this
section:
14
(a)
"Group
home"
means
a
residential
facility
that
provides
housing
and
15
support
services
in
a
community
-
based
environment
for
individuals
who
16
require
assistance
due
to
physical,
mental,
developmental,
or
behav
-
17
ioral
disabilities.
18
(b)
"Heavy
industrial
use"
means
a
storage,
processing,
or
manufactur
-
19
ing
use
that:
20
(i)
Uses
flammable
or
explosive
materials;
21
(ii)
Presents
hazardous
conditions;
or
22
(iii)
Is
noxious
or
offensive
due
to
odors,
smoke,
noise,
fumes,
or
23
vibrations.
24
(c)
"Housing
organization"
means:
25
(i)
A
trade
or
industry
group
consisting
of
local
members
primar
-
26
ily
engaged
in
the
construction
or
management
of
housing
units;
27
(ii)
A
nonprofit
organization
that
provides
or
advocates
for
in
-
28
creased
access
to
housing
and
has
participated
in
public
comment
29
before
the
legislature;
or
30
(iii)
A
nonprofit
organization
engaged
in
public
policy
research,
31
education,
or
outreach
related
to
housing.
32
(d)
"Mixed
-
use"
means
the
use
and
development
of
a
site
consisting
of
33
residential
and
nonresidential
uses
in
which
residential
uses
occupy
at
34
least
sixty
-
five
percent
(65%)
of
the
total
square
footage
of
the
devel
-
35
opment.
36
(e)
"Multifamily"
means
the
use
and
development
of
a
site
for
three
(3)
37
or
more
dwelling
units
within
one
(1)
or
more
buildings,
including
con
-
38
dominiums.
39
(f)
"Religious
land"
means
land
owned
by
a
religious
organization
or
40
land
leased
by
a
religious
organization
for
a
term
of
no
less
than
forty
41
(40)
years.
42
2
(g)
"Religious
organization"
means
a
nonprofit
religious
entity
or
-
1
ganized
primarily
for
religious
purposes,
including
those
qualifying
2
under
section
501(c)(3)
or
section
501(c)(4)
of
the
Internal
Revenue
3
Code.
4
(h)
"Supportive
housing"
means
residential
accommodations
that
com
-
5
bine
housing
with
supportive
services,
designed
to
assist
individuals
6
or
families
in
maintaining
stable
housing
and
achieving
independence.
7
(2)
This
section
shall
not
apply
to
any
portion
of
religious
land
lo
-
8
cated
within
one
-
quarter
(1/4)
mile
of
a
heavy
industrial
use,
airport,
or
9
military
base.
10
(3)(a)
A
city
shall
permit
multifamily
and
mixed
-
use
development
as
al
-
1
1
lowable
uses
on
religious
land.
12
(b)
A
city
shall
not
require
a
zoning
change,
variance,
conditional
use
13
permit,
or
other
special
approval
in
order
to
permit
such
uses
on
reli
-
14
gious
land.
15
(4)
For
multifamily
or
mixed
-
use
development
on
religious
land,
a
city
16
shall
not:
17
(a)
Restrict
building
height
to
less
than
forty
(40)
feet
or
three
(3)
18
stories;
19
(b)
Require
front
setbacks
greater
than
fifteen
(15)
feet,
rear
set
-
20
backs
greater
than
ten
(10)
feet,
or
side
setbacks
greater
than
five
(5)
21
feet;
22
(c)
Impose
minimum
parking
requirements
except
as
required
by
federal
23
law;
24
(d)
Restrict
development
by
limiting
density,
building
coverage,
or
25
unit
size
beyond
what
is
provided
in
this
section;
26
(e)
Prohibit
supportive
housing
or
group
homes;
or
27
(f)
Require
the
conversion
of
an
existing
building
to
exceed
the
inter
-
28
national
building
code
standards
otherwise
applicable.
29
(5)
Nothing
in
this
section
shall
be
construed
to
prohibit
a
city
from
30
applying
generally
applicable:
31
(a)
Sewer
and
water
access
requirements;
32
(b)
Stormwater
management
requirements;
or
33
(c)
Building
codes
not
otherwise
restricted
by
this
section.
34
(6)(a)
A
city
shall
approve
an
application
for
a
multifamily
or
mixed
-
35
use
development
on
religious
land
if
it
complies
with
applicable
regu
-
36
lations
other
than
those
prohibited
in
subsection
(4)
of
this
section.
37
(b)
Approval
under
this
section
shall
be
ministerial.
38
(7)
Nothing
in
this
section
shall
be
construed
to:
39
(a)
Allow
for
the
building
of
homeless
shelters;
40
(b)
Direct
any
entity
to
approve
a
permit
for
a
homeless
shelter;
or
41
(c)
Infringe
on
any
jurisdiction's
ability
to
regulate
or
prohibit
42
homeless
shelters.
43
(8)
The
provisions
of
this
section
shall
apply
to
any
application
for
44
development
on
religious
land
received
by
a
city
on
and
after
July
1,
2026.
45
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
46
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
47
July
1,
2026.
48