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Bannock County, ID Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Bonus cap
Up to 10% more dwellings than base density
Base open space
50% of gross area minimum, Section 16.28.010(C)
Trigger
One extra lot per minimum-lot-size acreage added
Governing chapter
Subdivision Ordinance, Chapter 16.28
Reviewing body
Bannock County Planning and Development Council

Summary

Bannock County allows up to a ten percent density bonus in open space subdivisions when developers commit extra land to permanent open space beyond the fifty percent minimum. Under Bannock County Code Section 16.28.010, for every parcel matching the district's minimum lot size dedicated to open space, one additional dwelling unit may be added, capped at ten percent more lots than the base zoning density permits.

These county ordinances apply to unincorporated areas of Bannock County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Density bonuses up to ten percent of the applicable density, using the entire parcel, may be applied for when additional land is committed to permanent open space. For each minimum lot size committed to open space, another dwelling can be developed, up to ten percent more dwellings than would have been allowed without the bonus. Thus, if a proposed subdivision of one hundred (100) acres yields eighty (80) acres developable and the density is one dwelling per 2.5 acres, twenty-five (25) individual lots can be created on forty (40) acres. If the subdivider then commits ten additional acres to permanent open space, four additional lots (for a total of twenty-nine (29) building sites) may be created on thirty (30) acres.

Full Breakdown

In unincorporated Bannock County, the density bonus applies only to subdivisions designed under the county's open space design standards in Chapter 16.28 of the Bannock County Municipal Code. Section 16.28.010(C) caps ordinary open space subdivisions at fifty percent of the gross parcel area divided into individual lots, with the remaining half reserved as permanent open space that connects to public land, riparian corridors, wetlands or adjoining open space. Developers who commit additional acreage beyond that fifty percent baseline can apply for the density bonus: for each parcel equal to the zone's minimum lot size that is dedicated to permanent open space, the Planning and Development Council may approve one extra dwelling, up to a ceiling of ten percent more units than the base density allows.

The code works the math through its own example: a 100-acre tract with 80 developable acres at one dwelling per 2.5 acres yields 25 lots on 40 acres; committing 10 more acres to permanent open space unlocks four bonus lots for a total of 29 building sites on 30 acres. Allowable density itself is never required to decrease, and the open space created under the bonus must be permanently deed-restricted against development, including fencing, usable only for common-owned recreation (capped at ten percent of the open space) or transfer to a public agency such as the Forest Service or Idaho Fish and Game.

Neighborhood commercial uses inside a bonus-eligible subdivision are allowed only if they serve no more than a two-mile radius, shown by a market study the developer funds.

Violations & Fines

Building on land dedicated as permanent open space under an approved density bonus is prohibited: deeds recorded for common or reserved open space are permanently restricted against development and fencing. Planning and Development Services can withhold final plat recording or occupancy approval if bonus lots exceed the ten percent cap or if committed open-space acreage is later built on, since the open space designation runs with the land in perpetuity.

Frequently Asked Questions

Does the density bonus apply everywhere in Bannock County?
No. It applies only to open space subdivisions platted under Chapter 16.28 of the Bannock County Municipal Code in the unincorporated county. A base subdivision must first dedicate at least fifty percent of its gross area to permanent open space before any additional acreage committed to open space can trigger the bonus lots.
How many extra lots can a developer get?
The bonus caps out at ten percent more dwellings than the applicable base density allows, using the entire parcel to calculate that base number. The code's own example shows a 100-acre tract growing from 25 to 29 lots after ten additional acres are committed to permanent open space.
Who reviews and approves the density bonus?
The Bannock County Planning and Development Council reviews the concept plan and preliminary plat and decides whether the added open-space commitment qualifies. The council also decides whether to record the deed restrictions barring the bonus open space from any future development, sale or encumbrance.

Sources & Official References

Other rules in Bannock County

All Bannock County rules

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