Bill Analyses and Ratings
Bill Information: H0647 – Manufactured Home Placement and Covenant Restrictions
Bill Summary
This bill makes three primary changes to Idaho law regarding manufactured homes. First, it updates technical definitions in the building code, including expanding the definition of ‘manufactured home’ to explicitly include multi-family manufactured homes constructed under HUD standards. Second, it creates new Section 55-619 to prohibit any restrictive covenants entered after July 1, 2026 that ban or unreasonably restrict manufactured homes on lots where single-family dwellings are permitted, declaring such covenants void and unenforceable with violators liable for attorney’s fees and damages. Third, it amends Section 67-6509A to require local governments to allow manufactured homes in all single-family residential zones and significantly reduces minimum size requirements from 1,000 square feet to 400 square feet for single-section units and 800 square feet for multisectional units.
Overall Assessment
This bill expands housing options by prohibiting future restrictive covenants against manufactured homes and requiring local governments to permit them in single-family residential zones with reduced size standards. Property owners gain new rights to place manufactured homes on their land, while homeowners’ associations and developers lose the ability to restrict manufactured homes through new covenants after July 1, 2026. The bill creates tension between expanding property use rights for manufactured home owners and limiting the ability of property owners to collectively restrict development through covenants.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
The bill imposes new mandates on local governments to amend comprehensive plans and zoning regulations (Section 3), but does not address fiscal responsibility, taxation, federal spending, or government program efficiency. While it creates regulatory requirements, these fall outside the scope of budgetary and fiscal governance covered by this metric.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
This bill concerns zoning regulations and property covenants for manufactured homes. It contains no provisions related to citizen participation in government, election procedures, voting methods, or civic engagement processes.
ARTICLE III. EDUCATION (0)
The bill addresses housing regulations and manufactured home placement. It has no connection to education policy, school choice, curriculum standards, parental rights in education, or any educational matters.
ARTICLE IV. AGRICULTURE (0)
While manufactured homes could theoretically be placed on agricultural land, the bill specifically addresses lots zoned for single-family residential uses. It contains no provisions regarding agricultural operations, farming, ranching, water rights for agriculture, or agricultural markets.
ARTICLE V. WATER (0)
The bill regulates manufactured home siting and restrictive covenants. It does not address water rights, water appropriation, inter-basin transfers, dam operations, or state jurisdiction over water resources.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
This bill concerns residential zoning and housing placement standards. It does not address environmental stewardship, federal environmental regulations, wilderness designations, forest management, or natural resource utilization.
ARTICLE VII. ENERGY (0)
The bill focuses on manufactured home placement regulations. It contains no provisions related to energy independence, energy resource development, electrical rates, hydroelectric power, or energy research.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
This bill addresses manufactured home regulations and has no connection to Idaho National Laboratory operations, nuclear research, technology development, or related matters.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill creates competing effects on property rights. Section 2 (55-619) expands rights for manufactured home owners by voiding restrictive covenants that prohibit manufactured homes, enhancing their ability to use property as desired. However, it simultaneously restricts the rights of property owners and developers to create new covenants limiting manufactured homes after July 1, 2026, reducing their ability to control development character through private agreements. These opposing impacts result in a neutral effect overall.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill applies to privately-owned residential lots and zoning regulations. It does not address federal land ownership, state administration of federal lands, or transfer of federally-owned lands to state control.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
This bill concerns manufactured home regulations and has no connection to fish and game management, hunting, fishing, predator control, or wildlife habitat designations.
ARTICLE XII. ECONOMY (0)
Section 3 reduces minimum size requirements for manufactured homes from 1,000 square feet to 400-800 square feet, potentially expanding the manufactured housing market. However, the metric focuses on broader economic sectors including agriculture, timber, mining, manufacturing, and small business regulation. While the bill may affect the housing industry, this represents too narrow an economic impact to constitute substantive engagement with the metric's scope of commerce and industry policy.
ARTICLE XIII. HEALTH AND WELFARE (0)
The bill addresses housing zoning and placement standards. It does not address healthcare delivery, health insurance, the Affordable Care Act, medical conscience clauses, or welfare programs.
ARTICLE XIV. AMERICAN FAMILY (0)
While manufactured homes provide housing for families, the bill does not address family values, traditional marriage, abortion, parental authority, or government's role in family policy as defined by this metric.
ARTICLE XV. OLDER AMERICANS (0)
Though manufactured homes may serve as housing options for older Americans, the bill contains no specific provisions addressing services, programs, or policies for older Americans as covered by this metric.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
Section 2 creates civil liability for attorney's fees and damages for covenant violations, but this is a private civil matter. The bill does not address criminal justice, gun rights, the death penalty, drug policy, incarceration, or law enforcement matters covered by this metric.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
This bill addresses manufactured home regulations and has no connection to military strength, veterans' services, border security, terrorism prevention, or national defense operations.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill concerns housing regulations and restrictive covenants. It does not address judicial selection processes, judicial elections, or constitutional interpretation principles.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
This bill addresses manufactured home placement and zoning regulations. It contains no provisions related to religious freedom, free exercise of religion, or the Religious Freedom Restoration Act.