Rating: +1

Bill Summary:

Senate Bill 1026 updates Idaho Code to define and protect small-scale urban agriculture, particularly backyard chicken ownership, within residential areas. It amends §22-1002 to clarify definitions for “urban farming,” “market gardening,” and “victory gardening,” and creates a new section (§22-1003) that restricts the ability of homeowner associations (HOAs), restrictive covenants, or deed restrictions to prohibit the ownership of up to four hens per 0.2 acres on single-family residential lots.

The bill permits HOAs and neighborhood covenants to set rules for housing conditions and to prohibit roosters, but they may not fully ban hen ownership. The measure does not apply to multifamily residences such as duplexes or apartments and has no effect on existing zoning laws for agricultural properties. It includes an emergency clause and is effective July 1, 2025.

Reason for Rating:

S1026 aligns with the Idaho Republican Party Platform’s support for private property rights, limited government, and traditional agricultural values. By preempting overreaching deed restrictions and HOA rules, it restores to homeowners the freedom to engage in self-sufficient, low-impact food production. The bill encourages local control, reduces reliance on centralized food systems, and protects the right to homestead-level activity in residential areas. It balances personal liberty with reasonable community regulation and reinforces the platform’s emphasis on defending individual rights from unnecessary bureaucratic interference. For these reasons, it receives a positive rating.