Bill Description: Senate Bill 1353 would limit larger cities from prohibiting twin homes or duplexes. 

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NOTE: This bill is related to Senate Bill 1280 (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 1353 would create Section 67-6541, Idaho Code, to prohibit a city with a population over 5,000 from banning twin homes or duplexes in any residential zoning area where single-family dwellings are permitted.

It would also require such cities to amend their comprehensive plans and land use regulations to remove obstacles to building twin homes or duplexes. In most cases, restrictions and fees on twin homes or duplexes would have to be consistent with those for single family homes. 

An exception would be created for “lands falling within an area defined as a historic district” and the law would not apply to small towns with a population below 5,000, counties, or HOAs, so they could all still limit or prohibit twin homes or duplexes on lots where single-family homes are allowed.

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, only applying the law to larger cities would limit its practical application in expanding property rights. 

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