Idaho Ordinances (2026)

Idaho Code 39-4116 adopts the International Residential Code, including Appendix Q tiny home provisions, as the statewide minimum building standard. Local jurisdictions may not adopt residential code versions or amendments not approved by the Idaho Building Code Board.

Idaho Code Section 25-3504 criminalizes animal cruelty statewide, and conduct typical of animal hoarding such as inadequate food, water, or shelter is prosecuted as cruelty in every Idaho jurisdiction.

Idaho requires commercial beekeepers to register apiaries annually with the Idaho State Department of Agriculture, and uniform statewide inspection rules apply to disease control and bee movement under Title 22, Chapter 25.

Idaho protects established agricultural operations from nuisance suits under the Right to Farm Act and treats most unenclosed land outside cities as open range, where livestock may lawfully roam unless a herd district has been formed.

Idaho Code Section 25-2810 sets uniform statewide standards for declaring dogs dangerous or at-risk and imposes restraint, identification, and signage requirements that apply on top of any local leash ordinance.

Idaho prohibits private possession of designated deleterious exotic animals such as big cats, primates, and Russian wild boar without a state permit, applying uniformly across all cities and counties.

The Idaho Residential Code adopted under Idaho Code 39-4109 establishes statewide minimum height construction standards for one and two-family dwellings, with local jurisdictions limited to enforcing standards no less than state requirements.

Because Idaho Code 37-2732 prohibits sale and delivery of marijuana, no marijuana dispensaries may legally operate anywhere in Idaho. There is no state licensing scheme, and no city or county can permit dispensary zoning regardless of local political support.

Idaho Code 37-2732 prohibits manufacturing, delivering, or cultivating marijuana in any quantity. Idaho has no medical or recreational program; home cultivation is a felony, and no city or county can authorize personal grows under state law.

Commercial drone use in Idaho is governed primarily by FAA Part 107, which preempts most state and local regulation of airspace. Idaho Code 21-213 still applies to surveillance and privacy, and law enforcement evidence-gathering by drone requires a warrant under state law.

Idaho Code 21-213 prohibits using unmanned aircraft systems to conduct surveillance, gather evidence, or photograph specifically targeted persons or private property without written consent. The statute applies uniformly statewide, and recreational pilots also face FAA federal preemption on airspace operations.

Idaho Code 44-1502 preempts local minimum wage ordinances, holding all Idaho cities and counties to the state minimum wage of $7.25 per hour, the same as the federal floor.

Idaho Code 44-1502 preempts local government mandates on employee benefits including paid sick leave and paid family leave, leaving leave benefits to employer discretion or federal law statewide.

Idaho Code 44-1502 preempts local predictive scheduling, fair workweek, and similar employment ordinances, blocking cities from imposing advance-notice or premium-pay scheduling rules on private employers.

Idaho Code 46-1020 through 46-1024 establishes the statewide framework directing local governments to adopt floodplain management ordinances meeting NFIP minimum standards. The Idaho Department of Water Resources coordinates compliance, and local rules must satisfy federal flood insurance program requirements.

The Idaho Pollutant Discharge Elimination System (IPDES) program, administered by the Department of Environmental Quality under Idaho Code Title 39 Chapter 36, requires construction sites disturbing one or more acres to obtain stormwater coverage. State permits preempt conflicting local discharge standards.

Idaho Code Title 35 governs partition fences statewide, requiring adjoining landowners to share equally in the cost of dividing fences after written notice, with a six-month construction deadline before cost recovery.

Idaho adopts the International Residential Code statewide under Idaho Code 39-4109, which requires residential swimming pools, spas, and hot tubs to be enclosed by a barrier at least 48 inches high with self-closing, self-latching gates.

Idaho law treats hazardous vegetation as a public nuisance and requires forest landowners to participate in fire protection, while leaving most defensible space rules to counties and fire districts.

Idaho Code 39-2601 et seq. limits consumer fireworks to non-aerial, non-explosive devices, regulates licensed sales windows, and treats illegal aerial fireworks as a misdemeanor offense statewide.

Idaho Department of Lands declares an annual closed fire season requiring burn permits for any outdoor burning on protected lands, with criminal liability for fires that escape control.

Idaho Department of Lands holds statewide authority over forest and rangeland wildfire protection, may declare emergency burn closures, and assesses landowners protection fees on forested parcels.

Idaho permits residents 18 and older to carry concealed firearms statewide without a license under Idaho Code 18-3302, while still offering enhanced and standard permits for reciprocity in other states.

Idaho Code 18-3302J broadly preempts local government regulation of firearms, ammunition, and components, voiding city or county gun ordinances that exceed state law and protecting uniform statewide firearm rights.

Idaho is an open-carry state allowing any person legally able to possess a firearm to carry it openly without a permit, with local restrictions preempted under Idaho Code 18-3302J firearms preemption.

Idaho Code 18-3302 allows residents 18 or older who may legally possess a firearm to carry loaded handguns concealed in vehicles without a permit, while preemption blocks any local vehicle-carry restrictions.

Idaho applies uniform statewide food safety standards to mobile food units under the Idaho Food Code, with public health districts issuing licenses but enforcing the same baseline rules across every jurisdiction.

Idaho's cottage food law allows home producers of non-potentially hazardous foods to sell directly to consumers statewide without a license, permit, or health inspection. The state framework applies uniformly; local jurisdictions cannot impose conflicting permitting requirements on cottage foods.

Idaho Code Title 39 Chapter 11 sets statewide daycare licensing requirements based on the number of unrelated children. State-level basic daycare licenses apply uniformly, though cities may impose additional zoning and operating standards on home-based daycares.

Idaho Code 18-7028 and Executive Order 2009-10 require state agencies and public works contractors doing business with Idaho to enroll in and use the federal E-Verify system to confirm employment eligibility of new hires.

Idaho Code 18-7106, enacted by HB 463 in 2014, prohibits Idaho cities and counties from adopting sanctuary policies that limit cooperation with federal immigration enforcement, requiring full compliance with federal immigration law and detainers.

Under Idaho water law and a 2008 Attorney General opinion, residential rainwater collection from rooftops and impervious surfaces is universally legal as diffused surface water, provided collection occurs on the owner's property and does not infringe established water rights of downstream users.

Idaho Code Title 22 Chapter 24 imposes a universal statewide duty on all landowners to control state-designated noxious weeds on their property, with the cost borne by the owner. This statutory mandate applies regardless of local ordinances and supersedes inconsistent municipal rules.

Idaho Code 40-1910 prohibits outdoor advertising lighting that blinds drivers or interferes with traffic signals on interstate and primary highways. The rule applies statewide regardless of municipal lighting ordinances.

Idaho Code Title 49 Chapter 18 establishes uniform rules for abandoned vehicles statewide. Abandoning a vehicle on any highway, public, or private property without consent is prohibited, and the last registered owner is presumed liable for removal and storage costs.

Idaho Code Title 49 Chapter 10 sets uniform statewide weight, length, and load limits for commercial vehicles on public highways. State limits apply universally; cities and counties cannot raise allowable gross loads beyond statutory ceilings, though local routes may impose lower posted limits.

Idaho Code 54-1001A, enacted by HB 704 in 2024, prohibits any city, county, or local entity from requiring installation of electric vehicle charging circuits in new home construction. State law preempts local building codes and zoning that mandate EV-ready infrastructure for residential builds.

Idaho Code Title 6 Chapter 3 establishes the exclusive grounds and procedures for residential eviction statewide. Idaho does not recognize just-cause eviction protections, and cities cannot create additional tenant protections that conflict with state landlord-tenant law.

Idaho Code 55-307 expressly prohibits cities and counties from enacting any ordinance that regulates rent, fees, or deposits on private residential rental property, making rent control illegal statewide regardless of local political preference or housing market conditions.

Idaho protects agricultural land uses through the Local Land Use Planning Act and Right to Farm Act, with Idaho Code 22-4503 limiting local zoning that would restrict established farm operations on agricultural land.

Idaho Code 22-4501 et seq., the Idaho Right to Farm Act, protects established agricultural operations from nuisance lawsuits brought by neighbors when surrounding land use changes after the farm began operating.

Idaho Code 67-6539 prohibits cities and counties from outright banning short-term rentals or vacation rentals, while permitting reasonable local regulation tied to health, safety, and welfare.

Idaho applies state sales tax and travel and convention tax to short-term rental stays statewide, and platforms like Airbnb and Vrbo collect these as marketplace facilitators.

Idaho Code 55-3209 prevents homeowners associations from prohibiting political sign displays statewide. HOAs may impose only reasonable time, place, and manner rules and must give three days written notice before any enforcement.

Idaho Code 67-7401 enacted in 2016 prohibits cities and counties from regulating, banning, or imposing fees on auxiliary containers including plastic bags, polystyrene, and other single-use food packaging statewide.

Idaho Code 67-7401 preempts local regulation of polystyrene foam food containers and similar packaging, treating polystyrene as an auxiliary container subject to the 2016 statewide preemption law.

Idaho Code 67-7401 preempts local regulation of plastic straws and other auxiliary containers, preventing Idaho cities from enacting upon-request rules, bans, or fees on single-use straws.

Idaho Code Section 55-3208 prohibits homeowners associations from adopting or enforcing covenants that limit or prohibit rooftop solar panel installation, preempting contrary CC&Rs across the state.

Idaho Code 18-7008 criminal trespass enforces posted no-soliciting and no-trespassing signs at private residences, while local governments may operate municipal do-not-knock registries.

Idaho Code 48-603C imposes statewide three-day cancellation rights and disclosure duties on home solicitation sales, applying alongside any local solicitor permit requirements.

Idaho Code 39-5703 sets 21 as the minimum age to purchase tobacco, vapor products, and alternative nicotine products, aligning state law with federal Tobacco-21 and barring local age inconsistencies.

Idaho does not ban flavored tobacco or vapor products at the state level, and local flavor bans face significant preemption questions under the statewide tobacco licensing framework in Idaho Code Title 39 Chapter 57.

Idaho regulates electronic cigarette and vapor product retailers under Idaho Code 39-5701 et seq., requiring permits, age verification, and compliance with statewide tobacco-21 rules that preempt most local vape sales restrictions.

Idaho Code 18-7031 makes illegal dumping of solid waste on public or private property a misdemeanor statewide, with restitution for cleanup and escalating penalties for repeat offenses.