S 1279

                    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
1AN ACT
2  RELATING TO HOUSING; AMENDING CHAPTER 6, TITLE 55, IDAHO CODE, BY THE ADDI-
3      TION OF A NEW SECTION 55-619, IDAHO CODE, TO PROHIBIT CERTAIN RESTRIC-
4      TIVE COVENANTS AGAINST STARTER HOME SUBDIVISIONS; AMENDING CHAPTER 32,
5      TITLE 55, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 55-3214, IDAHO
6      CODE, TO PROVIDE PROHIBITIONS REGARDING CERTAIN COVENANTS, CONDITIONS,
7      AND RESTRICTIONS ON STARTER HOME SUBDIVISIONS; AMENDING CHAPTER 65, TI-
8      TLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-6541, IDAHO CODE,
9      TO ESTABLISH PROVISIONS REGARDING STARTER HOME SUBDIVISIONS IN THE LO-
10     CAL LAND USE PLANNING ACT AND TO PROVIDE A DEFINITION; PROVIDING SEVER-
11     ABILITY; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
12 Be It Enacted by the Legislature of the State of Idaho:
13     SECTION 1. That Chapter 6, Title 55, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 55-619, Idaho Code, and to read as follows:
16      55-619. STARTER HOME SUBDIVISIONS -- RESTRICTIVE COVENANTS PROHIB-
17 ITED. (1) On and after July 1, 2026, no restrictive covenant shall be entered
18 into that strictly prohibits or unreasonably restricts the construction of
19 starter home subdivisions as provided in section 67-6541, Idaho Code. Any
20 such covenant is hereby declared to be against public policy and is void and
21 unenforceable. Any person attempting to create or enforce such a covenant
22 shall be subject to a cause of action and liable for any attorney's fees,
23 court costs, and any other damages incurred by the other party.
24      (2) This section shall not apply to restrictive covenants against
25 starter home subdivisions as provided in section 67-6541, Idaho Code, that
26 are entered into prior to July 1, 2026.
27     SECTION 2. That Chapter 32, Title 55, Idaho Code, be, and the same is
28 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
29 ignated as Section 55-3214, Idaho Code, and to read as follows:
30     55-3214. STARTER HOME SUBDIVISIONS. No covenant, condition, or re-
31 striction may be added, amended, or enforced by a homeowner's association
32 or any other parties in such a way that strictly prohibits or unreasonably
33 restricts starter home subdivisions as provided in section 67-6541, Idaho
34 Code. This section shall not affect any such covenant, condition, or re-
35 striction in effect prior to July 1, 2026.
36     SECTION 3. That Chapter 65, Title 67, Idaho Code, be, and the same is
37 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
38 ignated as Section 67-6541, Idaho Code, and to read as follows:
                                      2
167-6541. STARTER HOME SUBDIVISIONS. (1) No county or city shall enact
2  or enforce any ordinance within its jurisdiction that bans starter home sub-
3  divisions in any residential zoning area. "Starter home subdivision" means
4  a proposed new subdivision for single-family dwellings located on vacant or
5  undeveloped land that is at least four (4) acres in size.
6(2) By resolution or ordinance adopted, amended, or repealed in accor-
7  dance with the notice and hearing procedures provided in section 67-6509,
8  Idaho Code, each governing board shall amend its comprehensive plan and land
9  use regulations for all land zoned for single-family residential use, except
10 for lands falling within an area defined as a historic district in section
11 67-4607, Idaho Code, to:
12      (a)   Prohibit requiring minimum lot sizes exceeding one thousand
13      (1,000) square feet for lots located in starter home subdivisions;
14      (b) Prohibit requiring front or rear setbacks exceeding fifteen (15)
15      feet or side setbacks exceeding five (5) feet for a primary residential
16      structure on a lot;
17      (c) Prohibit requiring lot front widths exceeding thirty (30) feet for
18      narrow lots;
19      (d) Prohibit requiring lot depths exceeding seventy (70) feet, unless
20      overall lot shape, topography, or environmental or infrastructure con-
21      straints require it;
22      (e) Allow density of at least twelve (12) dwelling units per lot acre
23      unless infrastructure limitations, lot configuration, or environmen-
24      tal constraints make it unfeasible; and
25      (f) Prohibit imposing permit fees, development impact fees, or util-
26      ity connection fees for starter home subdivisions exceeding those that
27      would be imposed on other single-family home subdivisions. A local
28      government may provide incentives to builders through fee reductions or
29      waivers for compliance with smaller lot and setback options.
30      (3) The provisions of this section shall not supersede state or local
31 laws that protect public health, safety, and welfare, including:
32      (a) Building codes, fire safety standards, and flood plain regula-
33      tions;
34      (b) Laws regarding water, sewer, storm drainage, road access, and util-
35      ity services necessary to support the required density; and
36      (c) Laws regarding environmental hazards, aquifer recharge zones,
37      steep slopes, or critical habitat protections.
38      (4) A property owner, housing developer, or other affected party may
39 bring a private cause of action for injunctive relief, monetary damages,
40 reasonable attorney's fees and costs, and any other appropriate relief
41 available under law to enforce compliance with the provisions of this sec-
42 tion.
43      SECTION 4. SEVERABILITY. The provisions of this act are hereby declared
44 to be severable and if any provision of this act or the application of such
45 provision to any person or circumstance is declared invalid for any reason,
46 such declaration shall not affect the validity of the remaining portions of
47 this act.
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1     SECTION 5. An emergency existing therefor, which emergency is hereby
2 declared to exist, this act shall be in full force and effect on and after
3 July 1, 2026.