Idaho Statewide Rule
Idaho Short-Term Rental Preemption Limits Local Bans
Key Facts
- Statute
- Idaho Code 67-6539
- Outright Bans
- Prohibited
- Reasonable Rules
- Allowed
- Effective
- Statewide
Summary
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.
67-6539. LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS. (1) Neither a county nor a city shall enact or enforce any ordinance that has the express or practical effect of prohibiting any type of short-term rentals in the county or city. A county or city may enact or enforce such reasonable regulations as are necessary to safeguard the public health and safety as long as the reasonable regulations do not impose different restrictions or obligations on short-term rentals than are imposed on single-family dwellings or similar structures not used as short-term rentals, or unless the regulations are permitted by this section. A short-term rental shall be classified as a non-transient residential use for zoning and building code purposes and be subject to all zoning requirements applicable thereto and only to building codes adopted by the Idaho building code board. (2)(a) For purposes of this section, "different restrictions or obligations" means any requirement or regulation that would not be imposed but for a property’s use as a short-term rental and specifically includes but is not limited to the following: (i) Requiring owner occupation for any amount of time; (ii) Requiring professional property management; (iii) Requiring additional insurance; (iv) Requiring reporting of use or other statistics; (v) Requiring additional fire protection or fire sprinklers; (vi) Requiring additional or improved means of ingress and egress; (vii) Requiring additional parking;
Full Breakdown
Idaho's short-term rental preemption law, Idaho Code 67-6539, bars any county or city from enacting an ordinance that has the express or practical effect of prohibiting short-term rentals or vacation rentals. Local governments retain authority to regulate STRs to safeguard public health, safety, and general welfare, including occupancy, noise, and parking standards, provided rules are not so restrictive they amount to a de facto ban. Local permits, registration, and inspection programs remain valid if they treat STRs reasonably compared to similar lodging uses. The statute applies statewide and overrides conflicting local ordinances.
Violations & Penalties
Local ordinances violating Idaho Code 67-6539 may be challenged and invalidated; STR operators denied permits unfairly may pursue judicial relief.
Frequently Asked Questions
Can my Idaho city ban short-term rentals?
Does Idaho require a state STR license?
Sources
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