IdahoH 07492026 regular legislative sessionHouseWALLET

ANNEXATION BY CITIES – Amends existing law to revise provisions regarding costs associated with the annexation of certain property by cities.

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 5 benefits, 2 costs, 1 mixed.

Annexation needs broad landowner consent

Beginning July 1, 2026, a city can annex only if landowners for 60% of parcels and at least 50% of the area give and record written consent. Your consent must be in writing and recorded with the county to bind future owners. A past water or sewer hookup can count as consent only if you requested it in writing before July 1, 2024, or the hookup was finished before July 1, 2008, and the system is fully city‑owned and operated. If all owners consent, the city may skip notice, hearing, and plan steps, but annexation still cannot occur until the land is contiguous to the city.

Limits on annexing farms and recreation sites

Beginning July 1, 2026, land that is 5 acres or more and actively used for farming or forestry cannot be annexed without the owner’s written permission. Private outdoor recreation developments of 50 acres or more that do not use city services also cannot be annexed without the owner’s written permission. A city cannot annex fairgrounds unless a majority of the county commissioners approve.

Protections for owners who do not consent

Beginning July 1, 2026, if your land is annexed without your consent, the city cannot force you to use city water or sewer. You may keep or replace your private system if it follows the rules. If the city’s work alone causes your private water or sewer to fail, the city must pay to repair or replace it.

Stronger notice and hearing rules

Beginning July 1, 2026, the city must notify each landowner and the county with a plan summary, your right to consent or refuse, how to file consent, a legal description, a simple map, and where to review the record. You get at least 45 days after notice to file consent. The city must publish the first hearing notice and mail it to owners at least 28 days before the first hearing, and set how to send written comments. Both the city council and the planning and zoning commission must hold public hearings (or a combined hearing if no commission), and the council must adopt a written annexation plan that explains services, tax and fee changes, zoning, impacts, and public purposes.

No shoestring or corridor annexations

Beginning July 1, 2026, land counts as contiguous only if it shares a real, common border; a narrow “shoestring” link does not count. Cities must include highway segments inside the area unless the highway agency agrees otherwise, and they cannot use a highway right‑of‑way as the only link. A railroad right‑of‑way can be annexed only if city land adjoins both sides; a railroad strip alone cannot create contiguity.

Quicker annexation for small enclaves

Beginning July 1, 2026, if a proposed annexation is a residential enclave of 30 or fewer private parcels surrounded by city lands or non‑annexable lands, the usual notice, hearing, and written‑plan rules do not apply. This speeds annexation for those small, fully surrounded neighborhoods.

Short window to appeal annexations

Beginning July 1, 2026, you must file any court appeal of a city‑initiated annexation within 28 days after the ordinance is published. Courts must advance and hear annexation cases as soon as possible. The law states it governs annexations occurring on or after July 1, 2024, and does not undo consents or annexations that were lawful when made.

Special rule for city airports

Beginning July 1, 2026, a city may annex land that is not next to the city if it is a municipally owned or operated airport or landing field. The city still cannot annex nearby land next to the airport unless that land meets the normal annexation rules.

Sponsors & Cosponsors

Sponsor

WAYS AND MEANS COMMITTEE
Affiliation unavailable

Cosponsors

Barbara Ehardt
Republican • House
Dave Lent
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 103 • No: 0

House vote • 3/17/2026

House Floor Vote

Yes: 34 • No: 0

House vote • 3/5/2026