Bill Description: Senate Bill 1352 would limit larger cities from prohibiting starter home subdivisions.
Rating: +1
NOTE: This bill is related to Senate Bill 1279 (2026), but it applies only to cities with a population over 5,000, not to small towns, counties, or HOAs.
Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?
Senate Bill 1352 would create Section 67-6541, Idaho Code, to require a city with a population over 5,000 to amend its comprehensive plan and land use regulations to make it easier to build starter home subdivisions on land at least four acres or larger. Cities would be prohibited from setting certain lot-size and setback requirements that have the effect of limiting such development.
Exceptions would be created for “lands falling within an area defined as a historic district” and “state or local laws that protect public health, safety, and welfare.” These could include “building codes, fire safety standards, and flood plain regulations; laws regarding water, sewer, storm drainage, road access, and utility services necessary to support the required density; laws regarding environmental hazards, aquifer recharge zones, steep slopes, or critical habitat protections; and laws and regulations regarding setback requirements for rights-of-way and easements.”
The law also wouldn’t prohibit small towns with a population below 5,000, counties, or HOAs from limiting or forbidding starter home subdivisions.
Allowing property owners to develop their land based on market demand rather than the preferences of central planners is positive, and this bill takes a small step in that direction. Unfortunately, the extensive exceptions and narrow scope of this law would significantly limit its practical application in expanding property rights.
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