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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1277
BY
LOCAL
GOVERNMENT
AND
TAXATION
COMMITTEE
AN
ACT
1
RELATING
TO
ACCESSORY
DWELLING
UNITS;
AMENDING
SECTION
55
-
618,
IDAHO
CODE,
2
TO
REVISE
PROVISIONS
REGARDING
INTERNAL
ACCESSORY
DWELLING
UNITS;
3
AMENDING
SECTION
55
-
3212,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
4
ACCESSORY
DWELLING
UNITS
AND
TO
REMOVE
A
DEFINITION;
AMENDING
CHAPTER
5
65,
TITLE
67,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
67
-
6541,
IDAHO
6
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
ACCESSORY
DWELLING
UNITS
AND
TO
7
PROVIDE
A
DEFINITION;
PROVIDING
SEVERABILITY;
AND
DECLARING
AN
EMER
-
8
GENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
9
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
10
SECTION
1.
That
Section
55
-
618,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
amended
to
read
as
follows:
12
55
-
618.
INTERNAL
ACCESSORY
DWELLING
UNITS
-
-
RESTRICTIVE
COVENANTS
13
PROHIBITED.
(1)
On
and
after
July
1,
2023
2026
,
no
restrictive
covenant
may
14
be
entered
into
that
prohibits
an
internal
or
unreasonably
restricts
ac
-
15
cessory
dwelling
unit
units
,
as
defined
in
section
55
-
3212
67
-
6541
,
Idaho
16
Code.
Any
such
covenant
is
hereby
declared
to
be
against
public
policy
and
17
is
void
and
unenforceable.
Any
person
attempting
to
create
or
enforce
such
a
18
covenant
shall
be
liable
for
any
attorney's
fees,
court
costs,
and
any
other
19
damages
incurred
by
the
other
party.
The
provisions
of
this
section
shall
20
not
be
construed
to
protect
more
than
one
(1)
internal
accessory
dwelling
21
unit
per
homestead.
22
(2)
This
section
does
not
apply
to
a
restrictive
covenant
against
23
internal
accessory
dwelling
units
entered
into
prior
to
July
1,
2023
2026
.
24
SECTION
2.
That
Section
55
-
3212,
Idaho
Code,
be,
and
the
same
is
hereby
25
amended
to
read
as
follows:
26
55
-
3212.
INTERNAL
ACCESSORY
DWELLING
UNITS.
(1)
No
covenant,
condi
-
27
tion,
or
restriction
may
be
added,
amended,
or
enforced
by
a
homeowner's
28
association
or
any
other
parties
in
such
a
way
that
strictly
prohibits
29
internal
or
unreasonably
restricts
accessory
dwelling
units,
as
defined
in
30
subsection
(3)
of
this
section
67
-
6541,
Idaho
Code
.
The
provisions
of
this
31
section
shall
not
be
construed
to
protect
more
than
one
(1)
internal
acces
-
32
sory
dwelling
unit
per
homestead.
33
(2)
Notwithstanding
the
prohibitions
provided
in
subsection
(1)
of
34
this
section,
a
homeowner's
association
may
adopt
reasonable
rules
govern
-
35
ing
the
use
of
internal
accessory
dwelling
units
otherwise
allowed
by
law,
36
including
but
not
limited
to
size
limits,
height
limits,
setback
require
-
37
ments,
open
space
requirements,
parking
controls,
and
bedroom
requirements.
38
(3)(a)
An
"internal
accessory
dwelling
unit"
means
a
self
-
contained
39
living
unit
that:
40
2
(i)
Includes
its
own
cooking,
sleeping,
and
sanitation
facili
-
1
ties;
2
(ii)
Is
located
within
a
detached,
owner
-
occupied
homestead,
as
3
defined
in
section
63
-
701,
Idaho
Code,
or
such
homestead's
at
-
4
tached
or
detached
garage;
and
5
(iii)
Is
used
for
the
purpose
of
housing
relatives
of
the
owner
of
6
the
homestead
or
for
the
purpose
of
renting
to
a
residential
tenant
7
for
a
period
exceeding
thirty
(30)
days.
8
(b)
An
internal
accessory
dwelling
unit
does
not
include
an
alternative
9
detached
structure,
motor
home,
camper,
recreational
vehicle,
tiny
10
home
on
wheels,
or
other
such
similar
dwellings
on
wheels.
1
1
(4)
(3)
Nothing
in
this
section
shall
be
construed
to
restrict
a
home
-
12
owner's
association
from
adopting
a
less
restrictive
definition
of
acces
-
13
sory
dwelling
units.
14
(5)
(4)
The
provisions
of
this
section
do
not
apply
to
any
rentals
de
-
15
fined
in
section
63
-
1803(4),
Idaho
Code.
16
SECTION
3.
That
Chapter
65,
Title
67,
Idaho
Code,
be,
and
the
same
is
17
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
18
ignated
as
Section
67
-
6541,
Idaho
Code,
and
to
read
as
follows:
19
67
-
6541.
ACCESSORY
DWELLING
UNITS.
(1)
No
county,
city,
health
dis
-
20
trict,
sewer
district,
or
water
district
shall
enact
or
enforce
any
ordi
-
21
nance,
rule,
regulation,
or
policy
that
bans
accessory
dwelling
units
in
any
22
residential
zoning
area
within
its
jurisdiction.
An
accessory
dwelling
unit
23
shall
be
classified
as
a
residential
land
use
for
zoning
purposes
subject
to
24
all
applicable
zoning
requirements.
"Accessory
dwelling
unit"
means
a
self
-
25
contained
living
unit
that
includes
its
own
cooking,
sleeping,
and
sanita
-
26
tion
facilities
and
that
is
located
on
the
same
lot
as
a
single
-
family
pri
-
27
mary
dwelling.
An
accessory
dwelling
unit
may
be
internal,
attached,
or
de
-
28
tached
but
does
not
include
a
motorhome,
camper,
recreational
vehicle,
tiny
29
home
on
wheels,
or
other
such
similar
dwellings
on
wheels.
30
(2)
By
resolution
or
ordinance
adopted,
amended,
or
repealed
in
accor
-
31
dance
with
the
notice
and
hearing
procedures
provided
under
section
67
-
6509,
32
Idaho
Code,
each
governing
board
shall
amend
its
comprehensive
plan
and
land
33
use
regulations
for
all
land
zoned
for
single
-
family
residential
uses,
ex
-
34
cept
for
lands
falling
within
an
area
defined
as
a
historic
district
under
35
section
67
-
4607,
Idaho
Code,
to:
36
(a)
Allow
for
one
(1)
accessory
dwelling
unit
on
lots
with
a
size
of
up
37
to
one
(1)
acre
and
a
maximum
of
two
(2)
accessory
dwelling
units
for
38
lots
larger
than
one
(1)
acre.
Where
one
(1)
accessory
dwelling
unit
39
is
an
internal
accessory
dwelling
unit
within
the
single
-
family
primary
40
dwelling,
up
to
two
(2)
accessory
dwelling
units
shall
be
allowed
re
-
41
gardless
of
the
size
of
the
lot;
42
(b)
Prohibit
requiring
any
off
-
street
parking
or
guest
parking
for
any
43
accessory
dwelling
unit;
44
(c)
Prohibit
imposing
impact
fees
or
utility
connection
fees
on
acces
-
45
sory
dwelling
units
that
are
greater
than
those
imposed
on
other
sin
-
46
gle
-
family
dwellings;
47
3
(d)
Prohibit
limiting
the
size
of
an
accessory
dwelling
unit
to
less
1
than
one
thousand
(1000)
square
feet
or
seventy
-
five
percent
(75%)
of
2
the
size
of
the
primary
dwelling;
3
(e)
Prohibit
imposing
a
setback
requirement
greater
than
four
(4)
feet
4
from
the
side
and
rear
lot
lines
for
an
accessory
dwelling
unit
that
is
5
not
converted
from
an
existing
structure
or
for
a
new
structure
con
-
6
structed
in
the
same
location
and
to
the
same
dimensions
as
an
existing
7
structure;
8
(f)
Prohibit
an
owner
-
occupancy
requirement
for
the
primary
dwelling
9
or
for
the
accessory
dwelling
unit;
10
(g)
Prohibit
restrictions
for
accessory
dwelling
units
that
are
more
1
1
restrictive
than
restrictions
for
single
-
family
dwellings
within
the
12
same
zoning
area
with
regard
to
height,
setbacks,
lot
size,
or
coverage
13
or
building
frontage;
14
(h)
Prohibit
imposing
a
limit
on
density
that
is
more
restrictive
than
15
the
greater
of
either
the
highest
residential
density
allowed
in
the
mu
-
16
nicipality
or
thirty
-
six
(36)
dwelling
units
per
acre;
17
(i)
Prohibit
imposing
a
limit
on
building
height
that
is
more
restric
-
18
tive
than
the
greater
of
either
the
highest
height
applicable
to
an
of
-
19
fice,
commercial,
retail,
or
warehouse
development
constructed
on
the
20
site
or
forty
-
five
(45)
feet;
and
21
(j)
Prohibit
imposing
a
setback
or
buffer
requirement
that
is
more
22
restrictive
than
the
lesser
of
either
a
setback
or
buffer
requirement
23
applicable
to
an
office,
commercial,
retail,
or
warehouse
development
24
constructed
on
the
site
or
twenty
-
five
(25)
feet.
25
(3)
Accessory
dwelling
unit
projects
that
meet
the
jurisdiction's
es
-
26
tablished
land
use
requirements
shall
be
approved
administratively
and
as
a
27
matter
of
right,
without
the
need
for
discretionary
approval.
28
(4)
Any
approval
standards,
special
conditions,
and
procedures
for
ap
-
29
proval
adopted
by
a
local
government
shall
be
clear
and
objective
and
shall
30
not
have
the
effect,
either
singularly
or
cumulatively,
of
discouraging
the
31
development
of
accessory
dwelling
units
through
unreasonable
cost
or
delay.
32
(5)
A
property
owner,
housing
developer,
or
other
affected
party
may
33
bring
a
private
cause
of
action
for
injunctive
relief,
monetary
damages,
34
reasonable
attorney's
fees
and
costs,
and
any
other
appropriate
relief
35
available
under
law
to
enforce
compliance
with
the
provisions
of
this
sec
-
36
tion.
37
SECTION
4.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
38
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
39
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
40
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
41
this
act.
42
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
43
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
44
July
1,
2026.
45