This bill amends existing Idaho law regarding accessory dwelling units (ADUs) by revising Section 55-3212 and adding a new Section 67-6541. The amendments to Section 55-3212 replace the term "internal" with "prohibited conduct -- restrictions on" accessory dwelling units, clarifying that homeowner associations cannot enforce restrictions that limit or prohibit ADUs unless the property owner agrees in writing. The bill also allows homeowner associations to adopt reasonable rules governing the use of ADUs, including architectural design and size limits. Additionally, the definition of an internal accessory dwelling unit is removed, and a broader definition of accessory dwelling units is established in the new section.

The new Section 67-6541 prohibits cities from enacting ordinances that ban ADUs in residential zoning areas and requires cities to amend their comprehensive plans to allow for at least one internal or detached ADU per lot. It sets specific guidelines regarding off-street parking, impact fees, size limitations, owner-occupancy requirements, and building height restrictions for ADUs. The bill mandates that projects meeting local land use requirements be approved administratively and establishes that any local regulations must not discourage the development of ADUs. The provisions apply only to cities with populations over 10,000 and do not supersede existing laws that ensure public health and safety. An emergency clause is included, making the act effective on July 1, 2026.

Statutes affected:
Bill Text: 55-3212
Engrossment 1: 55-3212