TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 65

LOCAL LAND USE PLANNING

67-6541 [67-6542].  starter home subdivisions. (1) No city shall enact or enforce any ordinance within its jurisdiction that bans starter home subdivisions in any residential zoning area. "Starter home subdivision" means a residential subdivision on at least four (4) acres of land that is designed to provide attainable homeownership opportunities with single-family detached dwellings on smaller lots that are no greater than one thousand five hundred (1,500) square feet per lot, have compact home sizes, and have efficient site design that reduces development costs while maintaining compatibility with surrounding neighborhoods.

(2)  By February 1, 2027, by resolution or ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code, each city governing board shall amend its comprehensive plan and land use regulations to allow starter home subdivisions in residential zoning districts, except for lands falling within an area defined as a historic district in section 67-4607, Idaho Code, or designated as a historic property pursuant to section 67-4614, Idaho Code. For starter home subdivisions, a city’s comprehensive plan and land use regulations shall be amended to:

(a)  Prohibit requiring minimum lot sizes exceeding one thousand five hundred (1,500) square feet for lots located in starter home subdivisions unless infrastructure limitations, lot configuration, or environmental constraints make it unfeasible;

(b)  Prohibit requiring front or rear setbacks exceeding fifteen (15) feet or side setbacks exceeding five (5) feet for a primary residential structure on a lot, provided, however, that setbacks along the perimeter of a project may be required to match setbacks of abutting zoning districts;

(c)  Prohibit requiring lot front widths exceeding thirty (30) feet for narrow lots;

(d)  Prohibit requiring lot depths exceeding seventy (70) feet, unless overall lot shape, topography, or environmental or infrastructure constraints require it; and

(e)  Prohibit imposing permit fees, development impact fees, or utility connection fees for starter home subdivisions exceeding those that would be imposed on other single-family home subdivisions. A local government may provide incentives to builders through fee reductions or waivers for compliance with smaller lot and setback options.

(3)  The provisions of this section shall not supersede state or local laws that protect public health, safety, and welfare, including:

(a)  Building codes, fire safety standards, and flood plain regulations;

(b)  Laws regarding water, sewer, storm drainage, road access, roadway classifications or conditions, infrastructure capacity constraints, and utility services necessary to support the required density;

(c)  Laws regarding environmental hazards, aquifer recharge zones, steep slopes, or critical habitat protections; and

(d)  Laws and regulations regarding setback requirements for rights-of-way and easements.

(4)  The provisions of this section shall apply only to cities with a population greater than ten thousand (10,000).

(5)  Cities may condition or deny approval of a starter home subdivision where the city determines that existing or planned infrastructure is inadequate to support the subdivision, to the same extent and under the same standards the city applies to other residential subdivisions.

(6)  Nothing in this section shall prohibit a city from enacting regulations, standards, or conditions that are less restrictive than the requirements provided in this section.

History:

[(67-6542) 67-6541, added 2026, ch. 264, sec. 1, p. 1115.]