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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1263
BY
COMMERCE
AND
HUMAN
RESOURCES
COMMITTEE
AN
ACT
1
RELATING
TO
LOCAL
LAND
USE
PLANNING;
AMENDING
SECTION
67
-
6539,
IDAHO
2
CODE,
TO
REVISE
PROVISIONS
REGARDING
LIMITATIONS
ON
THE
REGULATION
OF
3
SHORT
-
TERM
RENTALS
AND
VACATION
RENTALS
AND
TO
MAKE
TECHNICAL
CORREC
-
4
TIONS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
67
-
6539,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
67
-
6539.
LIMITATIONS
ON
REGULATION
OF
SHORT
-
TERM
RENTALS
AND
VACATION
9
RENTALS.
(1)
Neither
a
county
nor
a
city
may
enact
or
enforce
any
ordinance
10
that
has
the
express
or
practical
effect
of
prohibiting
short
-
term
rentals
1
1
or
vacation
rentals
in
the
county
or
city.
A
county
or
city
may
implement
12
such
reasonable
regulations
as
it
deems
necessary
to
safeguard
the
public
13
health,
safety
,
and
general
welfare
in
order
to
protect
the
integrity
of
res
-
14
idential
neighborhoods
in
which
short
-
term
rentals
or
vacation
rentals
op
-
15
erate.
A
short
-
term
rental
or
vacation
rental
shall
be
classified
as
a
res
-
16
idential
land
use
for
zoning
purposes
subject
to
all
applicable
zoning
re
-
17
quirements
applicable
thereto
.
18
(2)
Neither
a
county
nor
a
city
can
shall
regulate
the
operation
of
a
19
short
-
term
rental
marketplace.
20
(3)(a)
A
county
or
city
may
require
a
license,
permit,
or
certification
21
to
operate
a
short
-
term
rental
only
if:
22
(i)
A
property
owner
owns
or
has
a
financial
interest
in
four
(4)
23
or
more
short
-
term
rentals
within
the
jurisdiction,
including
24
units
held
by
commonly
controlled
entities,
trusts,
partnerships,
25
or
affiliates;
or
26
(ii)
A
short
-
term
rental
generates
ten
thousand
dollars
($10,000)
27
or
more
in
gross
annual
short
-
term
rental
revenue,
defined
as
the
28
total
amount
paid
by
occupants
for
lodging
before
any
deductions
29
for
expenses,
commissions,
fees,
taxes,
or
costs
of
operation
dur
-
30
ing
a
calendar
year.
31
(b)
A
county
or
city
may
require
owners
of
short
-
term
rentals
who
do
32
not
have
a
license,
permit,
or
certification
to
register
annually
and
33
to
designate
a
local
contact
person
and
may
charge
a
reasonable
adminis
-
34
trative
fee
pursuant
to
section
63
-
1311,
Idaho
Code.
35
(4)
A
county
or
city
may
require
a
property
owner
or
an
owner's
designee
36
to
implement
only
the
following
regulations
specifically
applicable
to
37
short
-
term
rentals:
38
(a)
Require
that
all
living
spaces
in
a
short
-
term
rental,
including
39
bedrooms,
living
rooms,
family
rooms,
and
kitchens,
be
equipped
with
40
functioning
smoke
alarms,
whether
interconnected
smoke
alarms,
inde
-
41
pendent
battery
-
operated
smoke
alarms,
or
a
combination
of
both
such
42
2
alarms,
and
may
require
that
the
short
-
term
rental
be
equipped
with
fire
1
extinguishers
and
removable
escape
ladders
in
sleeping
areas
above
the
2
main
floor;
3
(b)
Require
that
each
floor
of
a
short
-
term
rental
be
equipped
with
4
functioning
carbon
monoxide
detectors;
5
(c)
Set
maximum
occupancy
limits
and
zoning
requirements
for
6
short
-
term
rentals
based
on
non
-
transient
residential
land
use
con
-
7
tained
in
the
international
fire
code
and
building
codes
adopted
by
the
8
Idaho
building
code
board;
and
9
(d)
Require
a
short
-
term
rental
owner
or
an
owner's
designee
to
provide
10
easily
accessible
informational
handouts
regarding
the
location
of
ex
-
1
1
its,
the
location
of
fire
extinguishers,
the
location
of
any
first
aid
12
kits,
and
the
phone
number
and
email
address
to
contact
the
owner
or
man
-
13
ager
of
the
short
-
term
rental
in
the
case
of
an
emergency.
14
(5)
Any
other
reasonable
regulations
relating
to
safeguarding
the
15
public
health,
safety,
and
general
welfare
shall
not
impose
greater
re
-
16
strictions
or
obligations
on
short
-
term
rentals
than
are
imposed
on
similar
17
dwelling
units,
such
as
long
-
term
rentals,
or
any
other
residential
use
that
18
is
not
a
short
-
term
rental.
19
(6)
The
provisions
of
this
section
shall
not
be
construed
to
relieve
an
20
owner
of
a
short
-
term
rental
from
any
liability
related
to
the
ownership,
op
-
21
eration,
or
management
of
any
short
-
term
rental
or
to
establish
liability
22
for
any
county
or
city
or
agent
thereof
that
enacts
any
ordinance
governing
23
short
-
term
rentals
that
it
is
authorized
to
enact
by
this
section
or
that
de
-
24
clines
to
enact
any
ordinance
governing
short
-
term
rentals
that
is
not
re
-
25
quired
pursuant
to
this
section.
26
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
27
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
28
July
1,
2026.
29