2026-09-03 · Idaho · Legislation

What happened. House Bill 583 was signed on 16 March 2026, became Chapter 22 of the 2026 Session Laws, and took effect 1 July 2026. It amended Idaho Code § 67-6539, the state's limitation on local regulation of short-term rentals, and it did so in a way that removes most of what Idaho cities had built.¹²

It moved fast. Introduced 4 February, out of House Business on 10 February, passed the House 54-16 on 12 February, passed the Senate 23-12 on 9 March.²

The line that matters for community associations is one the statute does not contain: nothing in § 67-6539 reaches a homeowner's association or a recorded covenant. This is a municipal-preemption statute, and it leaves association authority exactly where it was.

What a city or county may no longer do

The pre-existing rule in subsection (1) already barred a county or city from enacting or enforcing any ordinance with the express or practical effect of prohibiting short-term rentals. The 2026 amendment goes considerably further.

Subsection (5) is the blunt one: “No county or city shall require a license, fee, permit, certification, or registration to operate a short-term rental.” Subsection (7) bars municipal regulation of short-term rental marketplaces under Title 63, Chapter 18.

Subsection (2)(a) then enumerates the “different restrictions or obligations” a local government may not impose because of short-term rental use. The list is long and specific: owner-occupancy mandates, professional-management requirements, additional insurance, usage reporting, enhanced fire protection, modified ingress or egress, extra parking, structural modifications, inspections, signage, limits on rental days, notices to neighbours, increased utility capacity, conditional-use permits in residential zones, proximity restrictions relative to other rentals, numerical caps, and building-code upgrades beyond what would otherwise be required.

The five safety items that survive

Subsection (3) preserves a short list a local government may still require: functioning smoke alarms in sleeping areas; a fire extinguisher and carbon monoxide detector per floor; escape ladders for elevated windows; occupancy limits matching international building codes; and a tenant informational handout covering exits, fire extinguishers, first-aid kits and emergency contact information.

Subsection (6) keeps short-term rentals subject to generally applicable ordinances — noise, parking, nuisance, curfew and traffic — so long as those are not applied differently to short-term rentals than to other residential uses.

1. Idaho Code § 67-6539, limitations on regulation of short-term rentals (current text; amended 2026, ch. 22, sec. 1, p. 109) ↩
2. H.B. 583, 2026 Reg. Sess. — bill status, votes, signing date and chapter (Idaho State Legislature) ↩
3. Idaho Code § 55-3211, HOA rental restrictions require the affected owner's written consent ↩
4. North Henry's Lake Homeowners Ass'n v. Norton, Docket No. 51990 (Idaho, Jan. 6, 2026) (slip opinion) ↩
5. S.B. 1263, 2026 Reg. Sess. — the Senate short-term rental companion that died in committee ↩