Published
Can they make you wire for EV charging when you build in St. Anthony?
The short answer
No. Idaho law forbids the state and every city and county in it from writing EV infrastructure into your building plan as a condition of approval — and it does so in unusually blunt language. If a plan reviewer ever asks for a charging circuit, a designated parking space, or “EV-ready” conduit as a requirement, the statute below is your answer.
The statute, word for word
“Notwithstanding any other provision of law to the contrary, neither the state of Idaho nor any local government in Idaho shall adopt any requirement that an electric vehicle (EV) charging station, a designated EV parking space, an upgraded electrical conduit, or other infrastructure for the purpose of EV charging station installation be included in a building plan.”
— Idaho Code section 39-4109B(1), added 2025. Retrieved 5 October 2026
Read the list slowly, because each item is a separate thing a plan reviewer might reach for:
- An EV charging station — the unit itself
- A designated EV parking space — striping or geometry reserved for charging
- An upgraded electrical conduit — empty pipe sized for a future charger
- Other infrastructure for the purpose of EV charging station installation — the catch-all
None of them may be required in a building plan. Not by the state, not by St. Anthony, not by Fremont County, not by anybody — and subsection (2) closes the escape hatch: the section “supersedes any local laws, ordinances, orders, rules, or regulations” that try.
Older local rules are dead on arrival
Subsection (2) exists because some Idaho cities had begun adopting EV-readiness ordinances before the Legislature acted. The 2025 session (chapter 33) cut across all of it — a local ordinance requiring EV-ready conduit in new construction cannot survive the supersession clause. If a reviewer’s comment on your project cites a pre-2025 local requirement of this kind, the requirement itself is what’s out of compliance.
What the law does not do
Three limits keep this honest:
- It bans requirements, not chargers. Nothing stops you from installing a charging station or roughing in conduit because you want it — the statute protects your choice in both directions.
- It says nothing about utility rates or off-street charging access — it is a building-plan statute, full stop.
- It is not the energy-code preemption. That is a different statute with a different subject — Idaho’s refusal to let local governments exceed the state energy code, covered separately.
Where this fits your build
- Know what edition of the code your permit runs under — the editions table settles that question.
- Decide EV on your own terms. Roughing in conduit during framing is cheap; adding it after drywall is not. The law leaves that economics to you.
- Keep the two code books straight. The building-code-versus-zoning split decides which reviewer sees your plan — and this statute binds both sides of that split.
- If a requirement appears in writing, ask for its authority — section number and ordinance citation. A 39-4109B conflict is a short conversation.
- Want a second set of eyes on a plan comment? (208) 656-1745.
This page is one clause of a bigger machine — the zoning permit that comes first, the engineer who stamps your plans, and the statutes that decide how fast the review clock runs.
Common questions
Can St. Anthony require an EV charging station in my new home?
No. Idaho Code 39-4109B, added in 2025, prohibits the state and any local government in Idaho from adopting any requirement that an EV charging station, a designated EV parking space, an upgraded electrical conduit, or other EV-charging infrastructure be included in a building plan.
What exactly does Idaho's EV preemption law prohibit?
Any requirement - state or local - that a building plan include an EV charging station, a designated EV parking space, an upgraded electrical conduit, or other infrastructure for the purpose of EV charging station installation. Subsection (2) additionally supersedes any local laws, ordinances, orders, rules, or regulations that impose such requirements.
Can I still install an EV charger if I want one?
Yes. The statute bans requirements, not installations. Nothing in it prevents an owner or builder from voluntarily installing a charging station or roughing in conduit - it simply leaves the decision to the person paying for the building.
When did Idaho's EV charging preemption take effect?
The section was added in 2025 - session law chapter 33, section 1, page 170, per the History line printed with the statute. Any local EV-readiness ordinance adopted before that session is superseded by subsection (2).
Is this the same law as Idaho's energy code preemption?
No. The energy-code preemption is a separate statute dealing with local energy-code stringency, covered on our energy-code preemption page. Section 39-4109B deals only with electric-vehicle infrastructure in building plans. Both point the same direction: the Legislature, not City Hall, sets the baseline.