Legislative Platform Statement

S1352 Starter Home Subdivisions

S1353 Twin Homes / Duplexes (Twin Home/Duplex Preemption)

S1354 Accessory Dwelling Units (ADU Preemption)

Several pieces of land use legislation are currently back before the Idaho Legislature that warrant careful consideration and raise concern for local planners across the state.

It is also important to acknowledge that Idaho APA — the professional organization representing planners statewide — has not been afforded a meaningful voice in the drafting or refinement of these proposals. As the professionals responsible for implementing land use policy under Idaho’s Local Land Use Planning Act (LLUPA), planners bring practical, infrastructure-based expertise and on-the-ground experience that would meaningfully inform housing policy discussions.

Idaho APA remains willing and eager to participate constructively in that dialogue to help advance durable, workable solutions for Idaho communities, and we encourage our membership to reach out to both committee members and their local legislators to ensure our professional perspective is heard.

Why This Matters to Planners

The legislation under consideration:

• Mandates density, lot sizes, frontage, setbacks, and parking standards at the state level.
• Overrides locally adopted comprehensive plans and zoning ordinances.
• Limits the ability of cities to address:
  o Infrastructure capacity
  o Water and sewer availability
  o Fire access and emergency response
  o Snow storage and roadway width
  o Neighborhood compatibility and historic overlay protections

As planners, we understand that one-size-fits-all zoning does not reflect Idaho’s geographic, infrastructural, or community diversity.

This Is Bigger Than Housing Policy

This discussion is not solely about housing supply. It is about whether land use under LLUPA remains locally implemented and locally shaped — or whether land use planning becomes preemptively dictated at the state level.

Reasonable housing solutions can and should be discussed. However, removing local regulatory authority undermines:

• Public process
• Infrastructure coordination
• Long-range planning
• Professional planning standards

Lastly, each of the bills below declared effective on July 1, 2026 and adopted by October 1, 2026.

Idaho APA remains committed to constructive, data-driven housing conversations that respect infrastructure realities and preserve local planning authority.

S1352 - Starter Home Subdivisions:

Although amendments improved portions of this legislation, it continues to remove a city’s authority to review developments on a case-by-case basis without clearly defining “starter home.”

• Developers may build homes that remain financially out of reach for true first-time buyers.
• The legislation forces acceptance of smaller lot sizes without ensuring affordability outcomes.

S1353 – Twin Home/Duplexes (Twin Home/Duplex Preemption):

While many Idaho cities already approve twin homes and duplexes within their existing ordinances, statewide preemption creates significant implementation concerns. If communities are required to allow single-family lots to convert into duplexes or twin homes:

• This effectively doubles the originally permitted density within a subdivision.
• In some cases, this could trigger fire code requirements for secondary emergency access when developments exceed 30 units.
• Local governments may be placed in conflict with fire access standards or infrastructure assumptions made at the time of original subdivision approval.

Parking, Infrastructure & Design:

On-Street Impacts: Mandating only one space per unit increases on-street demand, hindering snow storage and emergency vehicle access.

Utility Placement: Reduced frontage challenges the placement of wet and dry utilities and streetscape consistency.

Short-Term Rental Risks: Without safeguards, these units may become short-term rentals, increasing neighborhood impacts without securing long-term housing supply.

Idaho APA Position: Local jurisdictions should retain authority over parking, frontage, lot size, and fee structures.

S1354 - Accessory Dwelling Units (ADU Preemption): 

This remains one of the most consequential proposals for Idaho cities. Removing local authority to align density with infrastructure realities—particularly water and wastewater capacity—places cities at risk.

• Placement & Compatibility: Restricting local regulation allows ADUs to be placed in front of primary residences, conflicting with Historic Overlay protections.
• Stormwater: State-mandated setbacks may ignore best practices for stormwater management and snow runoff.

Idaho APA Position: Because S1354 removes parking authority, limits setbacks, and ignores infrastructure realities, Idaho APA strongly opposes this legislation.