Housing (Zoning)

S 1278 (Local Land Use Planning Act) requires Idaho cities and counties to permit multifamily (3+ dwelling units) and mixed-use (65% residential) development on religious land without special approvals like zoning changes or variances. It prohibits local governments from imposing restrictions on building height (below 40 feet), setbacks, parking requirements, or density limits beyond standard rules, while allowing supportive housing and group homes. The bill explicitly excludes homeless shelters from its provisions and applies to applications received on or after July 1, 2026. It establishes a legal process for religious organizations or housing groups to seek court enforcement if local governments violate these rules.

Idaho's H 647 prohibits restrictive covenants that ban or unreasonably limit manufactured homes in areas zoned for single-family homes, making such covenants void and unenforceable after July 1, 2026. The bill requires local governments to update zoning plans to allow manufactured homes in single-family residential areas and sets appearance standards (e.g., minimum square footage, siding/roofing matching neighborhood style, pitched roofs). It directly affects manufactured home owners, communities with exclusionary covenants, and local governments managing land use. The law does not apply to covenants entered before July 1, 2026, and mandates that manufactured homes meet specific aesthetic and structural standards similar to traditional homes.

This Idaho bill (H 707) creates a streamlined administrative process for splitting land containing an approved or existing accessory dwelling unit (ADU) or secondary structure, primarily affecting homeowners, builders, and lenders. It allows counties or cities to bypass full subdivision requirements if a lender verifies the split is needed for financing, provided the division doesn’t increase density, create new lots, or compromise access/utility. The process requires recording with the county and includes restrictions preventing further divisions or violations of zoning rules. The bill explicitly prohibits using this process for agricultural fragmentation or "subdivisions by another name," and takes effect on July 1, 2026.

Idaho's S 1280 prohibits restrictive covenants that ban duplexes or "twin homes" (two separate living units sharing a wall on single-family lots) and requires local governments to allow these housing types in areas zoned for single-family homes. The bill voids existing covenants that restrict such developments and mandates local zoning changes to permit twin homes/duplexes without unreasonable lot size, parking, or fee requirements. It also requires local approvals for these projects to be automatic (like single-family homes) without discretionary delays. The law applies statewide except in historic districts and takes effect July 1, 2026.

Idaho's H 583 restricts local governments from banning short-term rentals or imposing most specific regulations on them, such as owner occupation requirements, professional management mandates, or rental day limits. It allows only basic safety measures (like smoke alarms and fire extinguishers) and requires counties/cities to treat short-term rentals equally with standard residential properties under zoning and building codes. The bill also prohibits local taxes on rental marketplaces (like Airbnb), instead requiring these platforms to collect and remit state and local lodging taxes to the state tax commission for distribution to local governments. This directly affects short-term rental owners, property managers, and online platforms operating in Idaho.