Idaho Code § 67-6539 § 67-6539

LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS.

In Force
Verified 10/22/2026 · Next check 10/23/2026
IdahoShort-Term Rentals

Operative Text

Idaho Code § 67-6539 § 67-6539
(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;
(viii) Requiring modification to the physical structure of the property;
(ix) Requiring inspections;
(x) Requiring internal or external signage, notices, or diagrams;
(xi) Imposing a limit on the days a property can be rented;
(xii) Requiring notices to neighboring properties;
(xiii) Requiring increased sewer or other utility capacity;
(xiv) Requiring a conditional use permit in a residential zone;
(xv) Limiting proximity to other short-term rentals;
(xvi) Restricting the number of short-term rentals in a county or city; or
(xvii) Requiring the property to be improved to meet current building codes unless the same would be required without regard to the short-term rental use.
(b) The terms defined in section 63-1803, Idaho Code, shall apply to this section.
(3) A county or city may, by ordinance, require an owner of a short-term rental to implement the following requirements only:
(a) That all sleeping areas in a short-term rental, including when applicable, basements, living rooms, and family rooms, be equipped with functioning smoke alarms;
(b) That the short-term rental be equipped with a functioning fire extinguisher and a functioning carbon monoxide detector on each floor;
(c) That removable escape ladders be available in all sleeping areas with a window that are located above the ground floor;
(d) That maximum occupancy limits for short-term rentals do not exceed those non-transient residential limits as contained in the international building codes as adopted by the Idaho building code board; and
(e) That an easily accessible informational handout be available to tenants describing the location of exits, the location of fire extinguishers, the location of any supplied first aid kits, and a phone number to contact the owner or manager of the short-term rental in the case of an emergency.
(4) No county or city shall enact or enforce any covenant, condition, restriction, or contract that regulates a short-term rental except as allowed in this section.
(5) No county or city shall require a license, fee, permit, certification, or registration to operate a short-term rental.
(6) All short-term rental properties along with their owners and tenants shall be subject to all other county and city ordinances and penalties that apply to other non-short-term rental residential uses, including but not limited to noise, parking, nuisance, curfew, and traffic regulations.
(7) Neither a county nor a city shall regulate the operation of a short-term rental marketplace in accordance with the provisions of chapter 18, title 63, Idaho Code.
Source: Legislative text reproduced verbatim
Plain English

Idaho Code § 67-6539 prohibits counties and cities from banning short-term rentals outright or imposing regulations on them that go beyond what is required of ordinary single-family homes. Short-term rentals are classified as non-transient residential uses for zoning and building code purposes, meaning they are treated like other residences rather than hotels or commercial lodgings. Local governments retain a narrow set of permissible safety requirements—such as smoke alarms, fire extinguishers, and carbon monoxide detectors—but may not require licenses, fees, permits, or a long list of other conditions that would apply solely because a property is rented short-term.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Idaho Code § 67-6539, operators of short-term rentals generally do not need to obtain a local license, permit, or registration, and cannot be required to meet conditions—such as owner-occupancy, additional parking, or conditional use permits—that apply only because the property is used as a short-term rental. Compliant operators typically ensure that sleeping areas have functioning smoke alarms, that each floor has a fire extinguisher and carbon monoxide detector, and that an informational handout is accessible to guests describing exits, fire extinguishers, first aid kits, and an emergency contact. Because § 67-6539(6) preserves the applicability of general ordinances like noise, nuisance, and parking rules, operators generally observe those same rules that apply to all residential properties in the jurisdiction.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Idaho Code § 67-6539 establishes that short-term rental guests and owners remain subject to the same general county and city ordinances—covering noise, parking, nuisance, and traffic—that apply to all residential uses. Guests staying in a short-term rental covered by this provision can generally expect the property to be equipped with functioning smoke alarms in sleeping areas, a fire extinguisher and carbon monoxide detector on each floor, and an accessible handout identifying exits and emergency contacts. If a local government appears to be enforcing an ordinance that § 67-6539 prohibits, affected parties may wish to consult a tenant-rights organization or legal aid resource to understand available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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References Out

Rules and statutes cited by this regulation

Idaho Code § 63-1803
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References In

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Related Rules

§ 50
Application of article four
§ 64
One story transient dwellings
§ 244.1030
"Regulatory authority" defined for the code

Source Information

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