Montana Judge Blocks Zoning Reforms

The decision reverses new laws once dubbed the ‘Montana Miracle.’

2 minute read

January 3, 2024, 11:00 AM PST

By Diana Ionescu @aworkoffiction


Aerial view of Whitefish, Montana with fall colors and mountains in background.

Whitefish, Montana faces similar growing pains to other western mountain and rural towns, particularly since the pandemic. | Andrew / Adobe Stock

A Montana judge reversed parts of a sweeping zoning reform package passed last year which would have legalized accessory dwelling units and duplexes in residential areas. According to the judge, the laws would “likely do ‘irreparable’ damage to residents of single-family neighborhoods.” Writing in Reason, Christian Britschgi calls the decision ‘eyebrow-raising,’ noting that “the reforms rank as some of the more ambitious housing bills passed by any state legislature last year.”

The decision is the result of a lawsuit brought by a group calling themselves Montanans Against Irresponsible Densification (MAID), which sued the state arguing that the zoning reforms were unconstitutional because they allowed neighborhoods with restrictive covenants to continue excluding denser housing types. “MAID said this would unfairly funnel development into areas without protective covenants, and produce arbitrary results whereby duplexes could be built on one side of a street, but not on the other side.”

This reversal of recent zoning reforms isn’t unique to Montana: “In September 2023, a Minnesota judge overturned Minneapolis' first-in-the-nation abolition of single-family-only zoning (in addition to other zoning reforms), citing the city's failure to conduct a proper state-required environmental analysis of increased allowable density,” and a Texas judge similarly invalidated zoning reforms in Austin.

With more Americans unable to afford housing, evictions on the rise, and housing supplies not meeting demand in many regions, the zoning reform and missing middle housing’ debate isn’t going anywhere soon.

Tuesday, January 2, 2024 in Reason

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 30, 2025 - Diana Ionescu

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20, 2025 - Streetsblog USA

Close-up of white panel at top of school bus with "100% electric" black text.

Driving Equity and Clean Air: California Invests in Greener School Transportation

California has awarded $500 million to fund 1,000 zero-emission school buses and chargers for educational agencies as part of its effort to reduce pollution, improve student health, and accelerate the transition to clean transportation.

5 hours ago - California Air Resources Board

Aerial view of Freeway Park cap park over I-5 interstate freeway in Seattle, Washington at night.

Congress Moves to End Reconnecting Communities and Related Grants

The House Transportation and Infrastructure Committee moved to rescind funding for the Neighborhood Equity and Access program, which funds highway removals, freeway caps, transit projects, pedestrian infrastructure, and more.

6 hours ago - Streetsblog USA

"No Thru Traffic - Open Streets Restaurants" sign in New York City during Covid-19 pandemic.

From Throughway to Public Space: Taking Back the American Street

How the Covid-19 pandemic taught us new ways to reclaim city streets from cars.

7 hours ago - Next City