This bill amends existing Idaho law regarding accessory dwelling units (ADUs) by revising definitions and prohibitions related to their establishment. Specifically, it removes the previous definition of "internal accessory dwelling units" and introduces a broader definition of "accessory dwelling units" in a new section of the Idaho Code. The bill prohibits homeowner associations from enforcing any restrictions that limit or prohibit the establishment of ADUs unless the property owner agrees in writing. It also allows homeowner associations to adopt reasonable rules governing the use of ADUs, such as size and height limits.

Additionally, the bill mandates that cities with populations over 5,000 must amend their comprehensive plans and land use regulations to facilitate the development of ADUs by October 1, 2026. This includes allowing one internal and one detached ADU per lot, prohibiting off-street parking requirements, and ensuring that any approval standards for ADUs are clear and objective. The bill emphasizes that ADUs should be treated as a residential land use and establishes that projects meeting local land use requirements must be approved administratively. The act is set to take effect on July 1, 2026, and includes a severability clause to ensure that if any part of the act is invalidated, the remaining provisions will still stand.

Statutes affected:
Bill Text: 55-3212