Idaho 67th Legislature, 1st Regular Session (2023) Status: Enacted

H 166 — ACCESSORY DWELLING UNITS – Adds to existing law to prohibit certain kinds of restrictions on internal accessory dwelling units.

Last action — Reported Signed by Governor on April 3, 2023 Session Law Chapter 265 Effective: 04/03/2023

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 20, 2023. Enacted.

Signed by Governor Brad Little (Republican) on April 06, 2023.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

58 added · 55 removed

58 line(s) added, 55 removed.

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166 BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO ACCESSORY DWELLING UNITS;
166, As Amended in the Senate BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO INTERNAL ACCESSORY DWELLING UNITS;
AMENDING CHAPTER 32, TITLE 55, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 55-3212, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING ACCESSORY DWELLING UNITS AND HOMEOWNER'S ASSOCIA- TIONS;
AMENDING CHAPTER 32, TITLE 55, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 55-3212, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING INTERNAL ACCESSORY DWELLING UNITS AND HOMEOWNER'S ASSOCIATIONS AND TO DEFINE A TERM;
AMENDING CHAPTER 6, TITLE 55, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 55-618, IDAHO CODE, TO PROHIBIT CERTAIN RESTRICTIVE COVENANTS AGAINST ACCESSORY DWELLING UNITS WITHIN DETACHED, OWNER-OCCUPIED HOME- STEADS;
AMENDING CHAPTER 6, TI- TLE 55, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 55-618, IDAHO CODE, TO PROHIBIT CERTAIN RESTRICTIVE COVENANTS AGAINST INTERNAL ACCESSORY DWELLING UNITS;
AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-6540, IDAHO CODE, TO PROHIBIT CERTAIN CITY AND COUNTY OR- DINANCES REGARDING ACCESSORY DWELLING UNITS WITHIN DETACHED, OWNER-OC- CUPIED HOMESTEADS AND TO DEFINE A TERM;
ACCESSORY DWELLING UNITS.
INTERNAL ACCESSORY DWELLING UNITS.
No homeowner's association may add, amend, or enforce any covenant, condition, or restriction in such a way that creates a general ban of accessory dwelling units, as defined in section 67-6540, Idaho Code, from being located within a detached, owner-occupied homestead, as defined in section 63-701, Idaho Code, or such homestead's de- tached or attached garage that is within the jurisdiction of the homeowner's association.
(1) No covenant, condi- tion, or restriction may be added, amended, or enforced by a homeowner's as- sociation or any other parties in such a way that strictly prohibits internal accessory dwelling units, as defined in subsection (3) of this section.
The provisions of this section shall not be construed to protect more than one (1) internal accessory dwelling unit per homestead.
(2) Notwithstanding the prohibitions provided in subsection (1) of this section, a homeowner's association may adopt reasonable rules govern- ing the use of internal accessory dwelling units otherwise allowed by law, including but not limited to size limits, height limits, setback require- ments, open space requirements, parking controls, and bedroom requirements.
(3)(a) An "internal accessory dwelling unit" means a self-contained living unit that:
(i) Includes its own cooking, sleeping, and sanitation facili- ties;
(ii) Is located within a detached, owner-occupied homestead, as defined in section 63-701, Idaho Code, or such homestead's at- tached or detached garage;
and (iii) Is used for the purpose of housing relatives of the owner of the homestead or for the purpose of renting to a residential tenant for a period exceeding thirty (30) days.
(b) An internal accessory dwelling unit does not include an alternative detached structure, motor home, camper, recreational vehicle, tiny home on wheels, or other such similar dwellings on wheels.
(4) Nothing in this section shall be construed to restrict a home- owner's association from adopting a less restrictive definition of acces- sory dwelling units.
(5) The provisions of this section do not apply to any rentals defined in section 63-1803(4), Idaho Code.
That Chapter 6, Title 55, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION , to be known and des- ignated as Section 55-618, Idaho Code, and to read as follows:
That Chapter 6, Title 55, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and des- ignated as Section 55-618, Idaho Code, and to read as follows:
ACCESSORY DWELLING UNITS -- RESTRICTIVE COVENANTS PROHIB- ITED.
INTERNAL ACCESSORY DWELLING UNITS -- RESTRICTIVE COVENANTS PROHIBITED.
(1) On and after July 1, 2023, no restrictive covenant may be entered into that prohibits an accessory dwelling unit, as defined in section 67-6540, Idaho Code, from being situated within a detached, owner-occupied homestead, as defined in section 63-701, Idaho Code, or such homestead's detached or attached garage.
(1) On and after July 1, 2023, no restrictive covenant may be entered into that prohibits an internal accessory dwelling unit, as defined in section 55-3212, Idaho Code.
(2) This section does not apply to a restrictive covenant against ac- cessory dwelling units entered into prior to July 1, 2023.
The provi- sions of this section shall not be construed to protect more than one (1) internal accessory dwelling unit per homestead.
(2) This section does not apply to a restrictive covenant against in- ternal accessory dwelling units entered into prior to July 1, 2023.
That Chapter 65, Title 67, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION , to be known and des- ignated as Section 67-6540, Idaho Code, and to read as follows:
67-6540.
ACCESSORY DWELLING UNITS.
(1) No county or city may enact or enforce any ordinance that bans accessory dwelling units in any residential zoning area within its jurisdiction.
A county or city may implement rea- sonable regulations that it deems necessary to safeguard the public health, safety, and general welfare of its residents.
An accessory dwelling unit shall be classified as a residential land use for zoning purposes subject to all applicable zoning requirements.
(2) An "accessory dwelling unit" means a self-contained living unit that includes its own cooking, sleeping, and sanitation facilities, and that is located within a detached, owner-occupied homestead, as defined in section 63-701, Idaho Code, or the homestead's attached or detached garage.
Accessory dwelling unit does not include a motorhome, camper, recreational vehicle, tiny home on wheels, or other such similar dwellings on wheels.
SECTION 4.
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Amendments

1 amendment

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Action History

  1. Reported Signed by Governor on April 3, 2023 Session Law Chapter 265 Effective: 04/03/2023

  2. Delivered to Governor at 9:40 a.m. on March 31, 2023

  3. Returned Signed by the President; Ordered Transmitted to Governor

  4. Signed by President; returned to House

  5. Received from the House enrolled/signed by Speaker

  6. Reported Enrolled; Signed by Speaker; Transmitted to Senate

  7. Rules Suspended: Ayes 66 Nays 0 Abs/Excd 4, read in full as required – PASSED - 56-13-1AYES – Alfieri, Allgood, Andrus, Barbieri, Berch, Blanksma, Boyle, Bundy, Burns, Cannon, Chew, Clow, Cornilles, Crane(12), Dixon(1), Dixon(24), Durrant, Ehlers, Erickson, Galaviz, Gallagher, Gannon, Garner, Green, Handy, Healey, Hill, Holtzclaw, Lanting, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nash, Necochea, Nelsen, Palmer, Petzke, Pickett, Raybould, Redman, Roberts, Rubel, Sauter, Shepherd, Vander Woude, Weber, Wheeler, Wisniewski, Wroten, Yamamoto, Young(Cannon), Mr. SpeakerNAYS – Cheatum, Ehardt, Furniss, Hawkins, Horman, Kingsley, Lambert, Manwaring, Price, Raymond, Scott, Skaug, TannerAbsent – Crane(13)Floor Sponsor - NashTitle apvd - to enrol

  8. Read first time as amended in Senate; Filed for Second Reading

  9. Reported Engrossed; Filed for First Reading of Engrossed Bills

  10. Bills as Amended Referred to JRA for Engrossing

  11. House Concurred in Senate Amendments

  12. Returned from the Senate Amended; Held at Desk

  13. Read third time as amended in the Senate – PASSED - 32-3-0AYES – Adams, Anthon, Bjerke, Carlson, Cook, Den Hartog, Foreman, Geddes(Harris), Grow, Hart, Hartgen, Herndon, Just, Lakey, Lee, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Schroeder, Semmelroth, Taylor, Toews, Trakel, VanOrden, Ward-Engelking, Winder, Wintrow, ZuiderveldNAYS – Bernt, Burtenshaw, GuthrieAbsent and excused – NoneFloor Sponsor - RuchtiTitle apvd - to House

  14. Read second time as amended in the Senate, filed for Third Reading

  15. Read first time as amended in the Senate; Filed for Second Reading

  16. Amendments reported printed

  17. Reported out as amended; filed for first reading

  18. Amendments ordered printed

  19. Placed in the Committee of the Whole

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

  21. Introduced, read first time; referred to: Commerce & Human Resources

  22. Received from the House passed; filed for first reading

  23. Rules Suspended: Ayes 64 Nays 0 Abs/Excd 6, read in full as required – PASSED - 50-17-3AYES – Alfieri, Andrus, Barbieri, Berch, Blanksma, Boyle, Bundy, Burns, Cannon, Chew, Crane(12), Crane(13), Dixon(24), Durrant, Ehardt, Ehlers, Erickson, Galaviz, Gallagher, Garner, Green, Handy, Hawkins, Hill, Holtzclaw, Kingsley(Crawford), Lambert, Mathias, McCann, Mendive, Miller, Mitchell, Monks, Nash, Necochea, Petzke, Pickett, Price, Roberts, Rubel, Sauter, Scott, Shepherd, Tanner, Vander Woude, Wheeler, Wisniewski, Wroten, Young, Mr. SpeakerNAYS – Allgood, Cheatum, Cornilles, Dixon(1), Furniss, Gannon, Healey, Horman, Lanting, Manwaring, Mickelsen, Nelsen, Raybould, Raymond, Skaug, Weber, YamamotoAbsent – Clow, Palmer, RedmanFloor Sponsor - NashTitle apvd - to Senate

  24. Read second time; Filed for Third Reading

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

  26. Reported Printed and Referred to Business

  27. Introduced, read first time, referred to JRA for Printing

Sponsors

  • STATE AFFAIRS COMMITTEE · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 104 not signed on

Sponsors (1)

  • STATE AFFAIRS COMMITTEE

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors H 166?
H 166 is sponsored by STATE AFFAIRS COMMITTEE.
What is the current status of H 166?
This bill has been enacted into law. Introduced February 20, 2023. Enacted.
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