Idaho § 50-1335

§ 50-1335.

division of land - administrative process. (1) Notwithstanding any other provision of this chapter to the contrary, cities or counties may establish an administrative process for land division, which shall not be subject to subdivision platting requirements, for the purpose of facilitating a mortgage or financing division of land that contains an existing or approved accessory dwelling unit or secondary residential structure. The need for a mortgage or financing division of land shall be evidenced by a letter from a lender or mortgage underwriter demonstrating that parcel separation is required for financing. Such process may be used if:

(a) The division is solely for mortgage or financing purposes and does not create additional residential entitlements or increase allowable density beyond what is permitted by applicable zoning regulations;

(b) The division does not authorize additional dwelling units or further land divisions on either parcel created by the division and the division attaches to the original parcel and runs with the land; and

(c) Each resulting parcel has adequate legal access and utility service in accordance with applicable local standards.

(2) Nothing in this section shall be construed to permit serial or recursive division through conveyance, reconfiguration, or recombination and re-split methods.

(3) Divisions made pursuant to the process provided in this section shall be recorded with the county recorder and shall include a declaration restricting further division or development inconsistent with this section.

(4) Nothing in this section shall be construed to alter or supersede agricultural protections provided for bona fide divisions of agricultural land under this chapter or to authorize the creation of new building lots in violation of local zoning or density standards.

[50-1335, added 2026, ch. 170, sec. 2, p. 798.]