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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1280
BY
LOCAL
GOVERNMENT
AND
TAXATION
COMMITTEE
AN
ACT
1
RELATING
TO
HOUSING;
AMENDING
CHAPTER
6,
TITLE
55,
IDAHO
CODE,
BY
THE
2
ADDITION
OF
A
NEW
SECTION
55
-
619,
IDAHO
CODE,
TO
PROHIBIT
CERTAIN
RE
-
3
STRICTIVE
COVENANTS
AGAINST
TWIN
HOMES
AND
DUPLEXES;
AMENDING
CHAPTER
4
65,
TITLE
67,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
67
-
6541,
IDAHO
5
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
TWIN
HOMES
AND
DUPLEXES
AND
TO
6
DEFINE
A
TERM;
PROVIDING
SEVERABILITY;
AND
DECLARING
AN
EMERGENCY
AND
7
PROVIDING
AN
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Chapter
6,
Title
55,
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
55
-
619,
Idaho
Code,
and
to
read
as
follows:
12
55
-
619.
TWIN
HOMES
AND
DUPLEXES
-
-
RESTRICTIVE
COVENANTS
PROHIB
-
13
ITED.
(1)
No
restrictive
covenant
shall
be
entered
into
that
prohibits
or
14
unreasonably
restricts
the
construction
of
duplexes
or
twin
homes,
as
de
-
15
fined
in
section
67
-
6541,
Idaho
Code,
on
lots
where
single
-
family
dwellings
16
are
permitted,
excepting
lots
falling
within
an
area
defined
as
a
historic
17
district
under
section
67
-
4607,
Idaho
Code.
Any
such
covenant
is
hereby
18
declared
to
be
against
public
policy
and
is
void
and
unenforceable.
Any
19
person
attempting
to
create
or
enforce
such
a
covenant
shall
be
liable
for
20
any
attorney's
fees,
court
costs,
and
any
other
damages
incurred
by
the
other
21
party.
22
(2)
Any
restrictive
covenants
as
provided
pursuant
to
the
provisions
of
23
this
section
that
existed
before
the
effective
date
of
this
act
shall
be
void
24
and
unenforceable.
25
SECTION
2.
That
Chapter
65,
Title
67,
Idaho
Code,
be,
and
the
same
is
26
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
27
ignated
as
Section
67
-
6541,
Idaho
Code,
and
to
read
as
follows:
28
67
-
6541.
TWIN
HOMES
AND
DUPLEXES.
(1)
No
county
or
city
shall
enact
or
29
enforce
any
ordinance
within
its
jurisdiction
that
bans
twin
homes
or
du
-
30
plexes
in
any
residential
zoning
area
where
single
-
family
dwellings
are
per
-
31
mitted.
"Twin
home"
means
a
residential
building
that
consists
of
two
(2)
32
separate
living
units
that
share
a
wall
but
where
each
unit
is
independently
33
owned
and
maintained.
34
(2)
By
resolution
or
ordinance
adopted,
amended,
or
repealed
in
accor
-
35
dance
with
the
notice
and
hearing
procedures
provided
pursuant
to
section
36
67
-
6509,
Idaho
Code,
each
governing
board
shall
amend
its
comprehensive
plan
37
and
land
use
regulations
for
all
land
zoned
for
single
-
family
residential
38
uses,
except
for
lands
falling
within
an
area
defined
as
a
historic
district
39
under
section
67
-
4607,
Idaho
Code,
to:
40
2
(a)
Permit
the
development
of
twin
homes
and
duplexes
on
any
lot
where
a
1
detached
single
-
family
dwelling
is
permitted;
2
(b)
Prohibit
imposing
minimum
lot
size
requirements
that
would
effec
-
3
tively
prohibit
twin
homes
or
duplexes
on
a
lot
where
a
detached
sin
-
4
gle
-
family
dwelling
is
permitted;
5
(c)
Prohibit
requiring
more
than
one
(1)
off
-
street
parking
space
per
6
dwelling
unit;
and
7
(d)
Prohibit
imposing
impact
fees
or
utility
connection
fees
on
twin
8
homes
or
duplexes
that
are
greater
than
those
imposed
on
single
-
family
9
dwellings.
10
(3)
Twin
home
or
duplex
projects
that
meet
the
jurisdiction's
estab
-
1
1
lished
land
use
requirements
shall
be
approved
administratively
and
as
a
12
matter
of
right,
without
the
need
for
discretionary
approval,
in
the
same
13
manner
as
a
single
-
family
dwelling.
14
(4)
Any
approval
standards,
special
conditions,
and
procedures
for
ap
-
15
proval
adopted
by
a
local
government
shall
be
clear
and
objective
and
shall
16
not
have
the
effect,
either
singularly
or
cumulatively,
of
discouraging
the
17
development
of
twin
homes
or
duplexes
through
unreasonable
cost
or
delay.
18
Such
standards
shall
not
be
more
restrictive
than
those
applicable
to
de
-
19
tached
single
-
family
dwellings.
20
(5)
A
property
owner,
housing
developer,
or
other
affected
party
may
21
bring
a
private
cause
of
action
for
injunctive
relief,
monetary
damages,
22
reasonable
attorney's
fees
and
costs,
and
any
other
appropriate
relief
23
available
under
law
to
enforce
compliance
with
the
provisions
of
this
sec
-
24
tion.
25
SECTION
3.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
26
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
27
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
28
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
29
this
act.
30
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
31
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
32
July
1,
2026.
33