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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1279
BY
LOCAL
GOVERNMENT
AND
TAXATION
COMMITTEE
AN
ACT
1
RELATING
TO
HOUSING;
AMENDING
CHAPTER
6,
TITLE
55,
IDAHO
CODE,
BY
THE
ADDI
-
2
TION
OF
A
NEW
SECTION
55
-
619,
IDAHO
CODE,
TO
PROHIBIT
CERTAIN
RESTRIC
-
3
TIVE
COVENANTS
AGAINST
STARTER
HOME
SUBDIVISIONS;
AMENDING
CHAPTER
32,
4
TITLE
55,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
55
-
3214,
IDAHO
5
CODE,
TO
PROVIDE
PROHIBITIONS
REGARDING
CERTAIN
COVENANTS,
CONDITIONS,
6
AND
RESTRICTIONS
ON
STARTER
HOME
SUBDIVISIONS;
AMENDING
CHAPTER
65,
TI
-
7
TLE
67,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
67
-
6541,
IDAHO
CODE,
8
TO
ESTABLISH
PROVISIONS
REGARDING
STARTER
HOME
SUBDIVISIONS
IN
THE
LO
-
9
CAL
LAND
USE
PLANNING
ACT
AND
TO
PROVIDE
A
DEFINITION;
PROVIDING
SEVER
-
10
ABILITY;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
1
1
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
12
SECTION
1.
That
Chapter
6,
Title
55,
Idaho
Code,
be,
and
the
same
is
13
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
14
ignated
as
Section
55
-
619,
Idaho
Code,
and
to
read
as
follows:
15
55
-
619.
STARTER
HOME
SUBDIVISIONS
-
-
RESTRICTIVE
COVENANTS
PROHIB
-
16
ITED.
(1)
On
and
after
July
1,
2026,
no
restrictive
covenant
shall
be
entered
17
into
that
strictly
prohibits
or
unreasonably
restricts
the
construction
of
18
starter
home
subdivisions
as
provided
in
section
67
-
6541,
Idaho
Code.
Any
19
such
covenant
is
hereby
declared
to
be
against
public
policy
and
is
void
and
20
unenforceable.
Any
person
attempting
to
create
or
enforce
such
a
covenant
21
shall
be
subject
to
a
cause
of
action
and
liable
for
any
attorney's
fees,
22
court
costs,
and
any
other
damages
incurred
by
the
other
party.
23
(2)
This
section
shall
not
apply
to
restrictive
covenants
against
24
starter
home
subdivisions
as
provided
in
section
67
-
6541,
Idaho
Code,
that
25
are
entered
into
prior
to
July
1,
2026.
26
SECTION
2.
That
Chapter
32,
Title
55,
Idaho
Code,
be,
and
the
same
is
27
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
28
ignated
as
Section
55
-
3214,
Idaho
Code,
and
to
read
as
follows:
29
55
-
3214.
STARTER
HOME
SUBDIVISIONS.
No
covenant,
condition,
or
re
-
30
striction
may
be
added,
amended,
or
enforced
by
a
homeowner's
association
31
or
any
other
parties
in
such
a
way
that
strictly
prohibits
or
unreasonably
32
restricts
starter
home
subdivisions
as
provided
in
section
67
-
6541,
Idaho
33
Code.
This
section
shall
not
affect
any
such
covenant,
condition,
or
re
-
34
striction
in
effect
prior
to
July
1,
2026.
35
SECTION
3.
That
Chapter
65,
Title
67,
Idaho
Code,
be,
and
the
same
is
36
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
37
ignated
as
Section
67
-
6541,
Idaho
Code,
and
to
read
as
follows:
38
2
67
-
6541.
STARTER
HOME
SUBDIVISIONS.
(1)
No
county
or
city
shall
enact
1
or
enforce
any
ordinance
within
its
jurisdiction
that
bans
starter
home
sub
-
2
divisions
in
any
residential
zoning
area.
"Starter
home
subdivision"
means
3
a
proposed
new
subdivision
for
single
-
family
dwellings
located
on
vacant
or
4
undeveloped
land
that
is
at
least
four
(4)
acres
in
size.
5
(2)
By
resolution
or
ordinance
adopted,
amended,
or
repealed
in
accor
-
6
dance
with
the
notice
and
hearing
procedures
provided
in
section
67
-
6509,
7
Idaho
Code,
each
governing
board
shall
amend
its
comprehensive
plan
and
land
8
use
regulations
for
all
land
zoned
for
single
-
family
residential
use,
except
9
for
lands
falling
within
an
area
defined
as
a
historic
district
in
section
10
67
-
4607,
Idaho
Code,
to:
1
1
(a)
Prohibit
requiring
minimum
lot
sizes
exceeding
one
thousand
12
(1,000)
square
feet
for
lots
located
in
starter
home
subdivisions;
13
(b)
Prohibit
requiring
front
or
rear
setbacks
exceeding
fifteen
(15)
14
feet
or
side
setbacks
exceeding
five
(5)
feet
for
a
primary
residential
15
structure
on
a
lot;
16
(c)
Prohibit
requiring
lot
front
widths
exceeding
thirty
(30)
feet
for
17
narrow
lots;
18
(d)
Prohibit
requiring
lot
depths
exceeding
seventy
(70)
feet,
unless
19
overall
lot
shape,
topography,
or
environmental
or
infrastructure
con
-
20
straints
require
it;
21
(e)
Allow
density
of
at
least
twelve
(12)
dwelling
units
per
lot
acre
22
unless
infrastructure
limitations,
lot
configuration,
or
environmen
-
23
tal
constraints
make
it
unfeasible;
and
24
(f)
Prohibit
imposing
permit
fees,
development
impact
fees,
or
util
-
25
ity
connection
fees
for
starter
home
subdivisions
exceeding
those
that
26
would
be
imposed
on
other
single
-
family
home
subdivisions.
A
local
27
government
may
provide
incentives
to
builders
through
fee
reductions
or
28
waivers
for
compliance
with
smaller
lot
and
setback
options.
29
(3)
The
provisions
of
this
section
shall
not
supersede
state
or
local
30
laws
that
protect
public
health,
safety,
and
welfare,
including:
31
(a)
Building
codes,
fire
safety
standards,
and
flood
plain
regula
-
32
tions;
33
(b)
Laws
regarding
water,
sewer,
storm
drainage,
road
access,
and
util
-
34
ity
services
necessary
to
support
the
required
density;
and
35
(c)
Laws
regarding
environmental
hazards,
aquifer
recharge
zones,
36
steep
slopes,
or
critical
habitat
protections.
37
(4)
A
property
owner,
housing
developer,
or
other
affected
party
may
38
bring
a
private
cause
of
action
for
injunctive
relief,
monetary
damages,
39
reasonable
attorney's
fees
and
costs,
and
any
other
appropriate
relief
40
available
under
law
to
enforce
compliance
with
the
provisions
of
this
sec
-
41
tion.
42
SECTION
4.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
43
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
44
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
45
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
46
this
act.
47
3
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3