Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1278
BY
LOCAL
GOVERNMENT
AND
TAXATION
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
ESTAB
-
3
LISH
PROVISIONS
FOR
THE
REGULATION
OF
DEVELOPMENT
ON
RELIGIOUS
LAND,
TO
4
DEFINE
TERMS,
TO
PROVIDE
APPLICABILITY,
TO
PROVIDE
FOR
ALLOWABLE
USES,
5
TO
PROHIBIT
CERTAIN
CITY
OR
COUNTY
REQUIREMENTS,
TO
PERMIT
CERTAIN
CITY
6
OR
COUNTY
REGULATION,
TO
PROVIDE
FOR
A
DUTY
TO
APPROVE
CERTAIN
DEVEL
-
7
OPMENT,
AND
TO
PROVIDE
FOR
ENFORCEMENT;
AND
DECLARING
AN
EMERGENCY
AND
8
PROVIDING
AN
EFFECTIVE
DATE.
9
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
10
SECTION
1.
That
Chapter
65,
Title
67,
Idaho
Code,
be,
and
the
same
is
1
1
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
12
ignated
as
Section
67
-
6541,
Idaho
Code,
and
to
read
as
follows:
13
67
-
6541.
REGULATION
OF
DEVELOPMENT
ON
RELIGIOUS
LAND.
(1)
As
used
in
14
this
section:
15
(a)
"Group
home"
means
a
residential
facility
that
provides
housing
and
16
support
services
in
a
community
-
based
environment
for
individuals
who
17
require
assistance
due
to
physical,
mental,
developmental,
or
behav
-
18
ioral
disabilities.
19
(b)
"Heavy
industrial
use"
means
a
storage,
processing,
or
manufactur
-
20
ing
use
that:
21
(i)
Uses
flammable
or
explosive
materials;
22
(ii)
Presents
hazardous
conditions;
or
23
(iii)
Is
noxious
or
offensive
due
to
odors,
smoke,
noise,
fumes,
or
24
vibrations.
25
(c)
"Housing
organization"
means:
26
(i)
A
trade
or
industry
group
consisting
of
local
members
primar
-
27
ily
engaged
in
the
construction
or
management
of
housing
units;
28
(ii)
A
nonprofit
organization
that
provides
or
advocates
for
in
-
29
creased
access
to
housing
and
has
participated
in
public
comment
30
before
the
legislature;
or
31
(iii)
A
nonprofit
organization
engaged
in
public
policy
research,
32
education,
or
outreach
related
to
housing.
33
(d)
"Mixed
-
use"
means
the
use
and
development
of
a
site
consisting
of
34
residential
and
nonresidential
uses
in
which
residential
uses
occupy
at
35
least
sixty
-
five
percent
(65%)
of
the
total
square
footage
of
the
devel
-
36
opment.
37
(e)
"Multifamily"
means
the
use
and
development
of
a
site
for
three
(3)
38
or
more
dwelling
units
within
one
(1)
or
more
buildings,
including
con
-
39
dominiums.
40
2
(f)
"Religious
land"
means
land
owned
by
a
religious
organization
or
1
land
leased
by
a
religious
organization
for
a
term
of
no
less
than
forty
2
(40)
years.
3
(g)
"Religious
organization"
means
a
nonprofit
religious
entity
or
-
4
ganized
primarily
for
religious
purposes,
including
those
qualifying
5
under
section
501(c)(3)
or
section
501(c)(4)
of
the
Internal
Revenue
6
Code.
7
(h)
"Supportive
housing"
means
residential
accommodations
that
com
-
8
bine
housing
with
supportive
services,
designed
to
assist
individuals
9
or
families
in
maintaining
stable
housing
and
achieving
independence.
10
(2)
This
section
shall
not
apply
to
any
portion
of
religious
land
lo
-
1
1
cated
within
one
-
quarter
(1/4)
mile
of
a
heavy
industrial
use,
airport,
or
12
military
base.
13
(3)(a)
A
city
or
county
shall
permit
multifamily
and
mixed
-
use
develop
-
14
ment
as
allowable
uses
on
religious
land.
15
(b)
A
city
or
county
shall
not
require
a
zoning
change,
variance,
con
-
16
ditional
use
permit,
or
other
special
approval
in
order
to
permit
such
17
uses
on
religious
land.
18
(4)
For
multifamily
or
mixed
-
use
development
on
religious
land,
a
city
19
or
county
shall
not:
20
(a)
Restrict
building
height
to
less
than
forty
(40)
feet
or
three
(3)
21
stories;
22
(b)
Require
front
setbacks
greater
than
fifteen
(15)
feet,
rear
set
-
23
backs
greater
than
ten
(10)
feet,
or
side
setbacks
greater
than
five
(5)
24
feet;
25
(c)
Impose
minimum
parking
requirements
except
as
required
by
federal
26
law;
27
(d)
Restrict
development
by
limiting
density,
building
coverage,
or
28
unit
size
beyond
what
is
provided
in
this
section;
29
(e)
Prohibit
supportive
housing
or
group
homes;
or
30
(f)
Require
the
conversion
of
an
existing
building
to
exceed
the
inter
-
31
national
building
code
standards
otherwise
applicable.
32
(5)
Nothing
in
this
section
shall
be
construed
to
prohibit
a
city
or
33
county
from
applying
generally
applicable:
34
(a)
Sewer
and
water
access
requirements;
35
(b)
Stormwater
management
requirements;
or
36
(c)
Building
codes
not
otherwise
restricted
by
this
section.
37
(6)(a)
A
city
or
county
shall
approve
an
application
for
a
multifamily
38
or
mixed
-
use
development
on
religious
land
if
it
complies
with
appli
-
39
cable
regulations
other
than
those
prohibited
in
subsection
(4)
of
this
40
section.
41
(b)
Approval
under
this
section
shall
be
ministerial.
42
(7)(a)
A
person
aggrieved
by
a
violation
of
this
section
or
a
housing
43
organization
may
bring
an
action
in
the
district
court
of
the
county
in
44
which
the
property
is
located.
45
(b)
The
court
may
issue
declaratory
or
injunctive
relief
or
writs
of
46
mandamus
and
award
damages
for
economic
losses
caused
by
a
violation.
47
(c)
The
court
shall
award
reasonable
attorney's
fees
and
costs
to
a
pre
-
48
vailing
plaintiff.
49
3
(d)
Governmental
immunity
is
waived
to
the
extent
necessary
to
enforce
1
this
section.
2
(8)
Nothing
in
this
section
shall
be
construed
to:
3
(a)
Allow
for
the
building
of
homeless
shelters;
4
(b)
Direct
any
entity
to
approve
a
permit
for
a
homeless
shelter;
or
5
(c)
Infringe
on
any
jurisdiction's
ability
to
regulate
or
prohibit
6
homeless
shelters.
7
(9)
The
provisions
of
this
section
shall
apply
to
any
application
for
8
development
on
religious
land
received
by
a
city
or
county
on
and
after
July
9
1,
2026.
10
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
12
July
1,
2026.
13