All Roll Calls
Yes: 25 • No: 10
IdahoS 13542026 regular legislative sessionSenateWALLET
ACCESSORY DWELLING UNITS – Amends and adds to existing law to revise provisions regarding prohibitions against restrictive covenants banning accessory dwelling units and to establish provisions regarding accessory dwelling units in the Local Land Use Planning Act.
Sponsored By: STATE AFFAIRS COMMITTEE
Signed by Governor
ACCESSORY DWELLING UNITS
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Big cities must allow ADUs by right
Starting July 1, 2026, in cities over 5,000 people, ADUs count as a residential use. Staff must approve compliant ADUs without discretionary hearings, using clear, objective rules that do not add unreasonable cost or delay. By October 1, 2026, these cities must allow one internal ADU and one detached ADU per lot in single‑family zones. This city mandate does not apply inside historic districts. For these rules, an ADU is a self‑contained unit on the same lot as a single‑family home; vehicles on wheels are not ADUs.
Local ADU limits and fees eased
From July 1, 2026, cities over 5,000 cannot require off‑street or guest parking for ADUs, and ADU fees cannot be higher than single‑family fees. Cities cannot cap ADUs below 1,000 sq ft or below 75% of the main home’s size. Side and rear setbacks are capped at 4 feet for eligible ADUs, unless a right‑of‑way or easement needs more. ADU height must be allowed at least up to the primary home’s height, and ADU rules cannot be stricter than single‑family rules on key dimensions. Owner‑occupancy rules are banned, and cities may adopt even easier ADU rules.
HOAs cannot ban internal ADUs
Starting July 1, 2026, your HOA cannot add or enforce new rules that ban an internal ADU unless you agree in writing. Covenants that existed when you bought your home still apply. Only one internal ADU per homestead is protected. HOAs may set reasonable rules on size, height, setbacks, parking, and bedrooms. These HOA protections do not cover rentals defined in Idaho Code §63‑1803(4). An internal ADU must be a self‑contained unit inside your owner‑occupied home or garage, for relatives or rentals over 30 days; wheeled units are excluded.
Sponsors & Cosponsors
Sponsor
STATE AFFAIRS COMMITTEE
Affiliation unavailable
Cosponsors
Ben Toews
Republican • Senate
Roll Call Votes
Senate vote • 3/20/2026
Senate Floor Vote
Yes: 25 • No: 10
Actions Timeline
Signed by Governor on 03/31/26 Session Law Chapter 265 Effective: 07/01/2026
4/1/2026Reported enrolled; signed by President; to House for signature of Speaker
3/30/2026SenateReturned From House Passed; referred to enrolling
3/27/2026SenateReported out of Committee with Do Pass Recommendation, Filed for Second Reading
3/26/2026HouseReceived from the Senate, Filed for First Reading
3/23/2026HouseRead third time in full as amended – PASSED - 25-10-0
3/20/2026SenateRead second time as amended, filed for Third reading
3/19/2026SenateAmendments reported printed
3/18/2026SenatePlaced in the Committee of the Whole
3/17/2026SenateReported out of committee; to 14th Order for amendment
3/12/2026SenateReported Printed; referred to Local Government & Taxation
3/3/2026SenateIntroduced; read first time; referred to JR for Printing
3/2/2026Senate
Bill Text
Amendment
Bill Text
Engrossment 1
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