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S 1166

Provides for an exclusion for treble damages in actions for forcible or unlawful entry or detainer

2025 Regular Session Introduced by Patricia Canzoneri-Fitzpatrick and 2 co-sponsors

Idaho sets a 300-foot setback from residential zones for all new or expanded homeless shelters in cities over 100,000, restricting siting near homes.

REFERRED TO JUDICIARY
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WeVote Research Nonpartisan
Bill Summary · S 1166

Summary — Idaho Senate Bill No. 1166 (2025) — Restrictions on siting of homeless shelters

Note: the materials provided include multiple unrelated bills and dockets labeled “S 1166” from different jurisdictions. This summary covers the Idaho bill text titled “Restrictions on siting of homeless shelters” (addendum to Chapter 65, Title 67, Idaho Code), which is the substantive bill included in the package.

Purpose

Establish statewide minimum siting restrictions for new or expanded homeless shelters in Idaho cities with populations over 100,000 (per the most recent U.S. decennial census), by prohibiting shelters within 300 feet of residentially zoned property and creating related permitting, exemption, and application rules.

Key provisions

  • 300-foot setback: In any Idaho city with population >100,000, no homeless shelter may be established, constructed, or operated within 300 feet of the property line of any residentially zoned property or any property with existing exclusive detached residential use. Distance is measured from nearest property line to nearest property line.
  • Definition: “Homeless shelter” defined broadly to include public or private facilities providing temporary sleeping accommodations to people without a fixed nighttime residence; applies whether full-time (24-hour) or part-time/night-only.
  • Applicability / grandfathering:
    • Applies to new shelters seeking approval on or after the effective date.
    • Existing shelters that were operational prior to the effective date are not required to relocate, but may not expand capacity or operations in a way that would violate the new rule.
  • Local government role:
    • Local land-use authorities must ensure compliance when considering zoning permits or redesignations that would allow a shelter.
    • Locals may impose additional reasonable mitigation conditions (security, operational standards, community engagement, etc.).
  • 10-year reapplication bar: If an application or zoning action to allow a shelter on a parcel is denied, overturned on appeal, not completed, or withdrawn, no new application for a shelter on that parcel can be accepted for ten years from the filing date of the prior application.
  • Local exemption pathway: A landowner or organization may seek an exemption by submitting signed affidavits from two‑thirds (2/3) of property owners within 300 feet of the proposed site; the local governing body must verify signatures before granting an exemption. Exempted shelters remain subject to other local requirements.
  • Technical/legal clauses: Severability provision included. Emergency clause declares the act effective immediately upon passage.

Who is affected

  • Homeless shelter operators (public and private): new siting and expansion constrained in covered cities.
  • Landowners and developers in cities >100,000: restrictions on allowable uses/permits for parcels near residential zones.
  • Local governments: required to enforce the statute in land-use decisions; permitted to adopt additional mitigation conditions.
  • People experiencing homelessness: potential implications for shelter availability, location, and accessibility in covered cities.

Fiscal and procedural notes

  • Fiscal note (proponent-prepared) reports no fiscal impact on state or local government.
  • Emergency clause makes the statute effective upon enactment.
  • At time of summary the bill status is listed as referred to committee (documents show various referral and hearing entries); legislative action dates in the package range from March–June 2025.

Practical effects and considerations

  • In practice, the statute would limit siting options within larger Idaho cities (e.g., where residential zones abut potential shelter sites), potentially concentrating shelters in non-residential zones or outside city limits.
  • The 10‑year reapplication bar and the two‑thirds neighbor-exemption mechanism create procedural and political hurdles for siting new shelters or restarting denied projects.
  • Local governments retain discretion to add mitigation requirements, which may affect operating costs and design of shelters.

If you’d like, I can:
- Identify which Idaho cities currently meet the population threshold,
- Map likely geographic effects (zones excluded within those cities), or
- Draft a plain‑language one-page summary for community stakeholders.

Compiled from official sources — confirm details with the bill’s official record.

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