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Read. Follow. Verify.Idaho prohibits local bans on accessory dwelling units and limits homeowner association restrictions
Last action · February 12, 2026: Reported Printed; referred to Commerce & Human Resources
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What This Bill Proposed
Idaho prohibits cities, counties, and homeowner associations from banning accessory dwelling units (ADUs) in residential zones starting July 1, 2026. The measure requires local governments to allow up to two ADUs on lots larger than one acre and prohibits mandatory off-street parking, excessive impact fees, and owner-occupancy requirements.
Property owners gain the legal right to build and rent out ADUs without facing local bans, processes, or parking minimums, while municipalities must update their land use regulations and comprehensive plans.
- Accessory dwelling units (ADUs) are independent residential living units located on the same property as a primary single-family home. context
- State legislatures across the United States have increasingly enacted preemption laws to override local zoning restrictions and encourage the construction of accessory dwelling units to address housing shortages. context
Who It Would Have Affected
Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.
Homeowners
Homeowner Associations
Homeowner associations are barred from strictly prohibiting accessory dwelling units, though they retain the authority to enforce reasonable rules on size, height, and setbacks.
Counties and Cities
Local governments must amend their comprehensive plans and land use regulations to permit accessory dwelling units and must approve qualifying projects administratively.
Key Facts
You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.
Frequently Asked Questions
Can my homeowner association ban me from building an accessory dwelling unit?
Can cities require parking spaces for a new accessory dwelling unit?
What happens if a local government refuses to approve a qualifying accessory dwelling unit project?
What else do you want to know?
News Coverage
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Votes, people, money & the original sourceWhere This Stands
This bill did not become law - Died at adjournment · in Senate committee.
Procedural history
2 actions- Feb 12, 2026CommitteeReported Printed; referred to Commerce & Human Resources
- Feb 11, 2026IntroducedIntroduced; read first time; referred to JR for Printing
Version history
Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.
View official text →Lobbying Activity
No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.
Full breakdown
Who this bill affects and the strongest case for and against it, written only from the bill’s own text.
Discoveries
Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.
State Preemption of Local Zoning for Housing
The bill shifts regulatory authority from local municipalities and homeowner associations to state-mandated standards for accessory dwelling units.
Connected Entities
Sources
legislature.idaho.gov
Analysis Score
0–100- Significance20Lowered because this bill did not pass (its text scored 85)
- Controversy75Intensity of disagreement among stakeholders
- Entertainment10Compellingness for a non-policy-wonk reader
- Buzz60Current news / social attention level
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