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Senate passes bill limiting HOAs’ ability to ban backyard chickens

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Summary

Senate Bill 10‑26, a measure to prevent homeowners associations from imposing outright bans on backyard chickens while allowing HOAs to set reasonable coop, waste and rooster restrictions, passed the Idaho Senate Feb. 10, 2025 by roll call (28-6, 1 absent). Sponsor: Senator Sarah Nichols.

BOISE, Idaho — The Idaho Senate on Feb. 10, 2025 passed Senate Bill 10‑26, a bill that prevents homeowners associations (HOAs) from enforcing blanket bans on backyard chickens while permitting HOAs to adopt reasonable regulations for coops, flock size, and waste management.

Senator Sarah Nichols, the bill sponsor, described the measure as focused on property rights, food security and family self-reliance. Nichols said the bill is “narrowly focused” and does not change city or county poultry rules; local governments would retain authority over poultry regulations in their jurisdictions. “This bill does one thing. It simply prevents HOAs from banning backyard chickens outright,” Nichols said on the floor.

Supporters argued rising food costs and supply-chain concerns make modest household food production an important option for many families. Senator Keiser described the rising retail price of eggs as an example of economic pressure on households and urged support. Several senators spoke in favor on those grounds.

Opponents raised contract and property-rights concerns. Senator Shippy said the bill could undermine voluntary contractual covenants and argued it could be retroactive to existing HOA agreements. Shippy said the bill “would undo existing covenants and contracts… It does act retroactively and would null any existing, not just moving forward” (floor remarks reflected in the transcript). Other senators said the bill strikes a balance by allowing HOAs to regulate placement, waste, and to prohibit roosters.

Senator Wintrow, who voted no, said the bill risked interfering with HOA agreements and expressed hesitancy despite personal support for chickens: “I don't think I'm gonna put all my eggs into this basket because unfortunately, while I love chickens, I love eggs, and the price of eggs… we have homeowners association agreements in code for a reason.”

The Senate passed SB 10‑26 by roll call; the clerk recorded a final tally of 28 in favor, 6 opposed and 1 absent. The bill will be transmitted to the House of Representatives. The transcript shows a number of senators explaining their votes on the record during the roll call; specific vote changes are noted in the Senate journal as applicable.