Kootenai County amends Bulletin 77 to clarify accessory living spaces cannot be rented

Kootenai County commissioners on May 8 approved an amended Bulletin 77 (building‑code guidance) clarifying that accessory living quarters under the same roof are intended for family use and are not permitted to be rented as independent dwelling units. Director Dave Callahan said the bulletin was first adopted in 2017 and that the update tightens language to prevent these spaces from being converted into short‑term rentals or permanent leased units in ways that would violate density or aquifer protections.

Callahan said the bulletin was designed to allow, for example, a relative to live in a basement or attached accessory space while preserving the single dwelling unit count for the property. "One of the things over the last eight years we've discovered is that people were working the angles ... and then lease out what became an apartment as an Airbnb," he said, describing the amendment as a way to prevent unpermitted rental units over sensitive areas.

Commissioners asked how the change would affect home‑sharing concepts and the local affordable housing conversation. Callahan and commissioners noted that family‑shared living arrangements where unrelated individuals live together as a household may still be possible under federal and county definitions of a family, but the bulletin explicitly precludes creating a separate rental unit with its own kitchen. Commissioners said they were amenable to the revised bulletin but reserved the right to revisit it later as housing policy discussions continue.

A motion to approve the revised Bulletin 77 carried with both commissioners present voting aye (Commissioner Duncan — aye; Chair Metairie — aye). The director said, with the commission's consent, the approved text will be signed and issued as the new Bulletin 77.