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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

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

ADUs allowed in HOAs, with limits

For homes in HOAs, the law stops new or changed HOA rules that ban accessory dwelling units unless you sign a written agreement. It protects any unit that meets the state ADU definition in Idaho Code 67-6541, not just internal units. HOAs can still set reasonable rules on size, height, setbacks, open space, parking, and bedrooms. Covenants that already limited ADUs when you bought your home still apply. Rentals that meet Idaho Code 63-1803(4) are not protected from HOA ADU limits.

Sponsors & Cosponsors

Sponsor

  • STATE AFFAIRS COMMITTEE

    Affiliation unavailable

Cosponsors

  • Erin M. Bingham

    Republican • House

  • Ben Toews

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 72 • No: 33

House vote • 3/26/2026

House Floor Vote

Yes: 47 • No: 23

Senate vote • 3/20/2026

Senate Floor Vote

Yes: 25 • No: 10

Actions Timeline

  1. Signed by Governor on 03/31/26 Session Law Chapter 265 Effective: 07/01/2026

    4/1/2026

  2. Reported delivered to Governor at 2 p.m. on 03/30/26

    3/30/2026

  3. Reported signed by the Speaker & ordered delivered to Governor

    3/30/2026

  4. Received from Senate; Signed by Speaker; Returned to Senate

    3/30/2026House

  5. Reported enrolled; signed by President; to House for signature of Speaker

    3/30/2026Senate

  6. Returned From House Passed; referred to enrolling

    3/27/2026Senate

  7. Rules Suspended: Ayes 65 Nays 0 Abs/Excd 5, read in full as required – PASSED - 47-23-0

    3/26/2026House

  8. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    3/26/2026House

  9. Read First Time, Referred to Business

    3/23/2026House

  10. Received from the Senate, Filed for First Reading

    3/23/2026House

  11. Read third time in full as amended – PASSED - 25-10-0

    3/20/2026Senate

  12. Read second time as amended, filed for Third reading

    3/19/2026Senate

  13. Read first time as amended, filed for Second Reading

    3/18/2026Senate

  14. Reported engrossed, filed for first reading, as amended

    3/18/2026Senate

  15. Amendments reported printed

    3/18/2026Senate

  16. Amendments ordered printed; referred for engrossment

    3/17/2026Senate

  17. Reported out without recommendation, as amended

    3/17/2026Senate

  18. Placed in the Committee of the Whole

    3/17/2026Senate

  19. Reported out of committee; to 14th Order for amendment

    3/12/2026Senate

  20. Reported Printed; referred to Local Government & Taxation

    3/3/2026Senate

  21. Introduced; read first time; referred to JR for Printing

    3/2/2026Senate

Bill Text

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