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

courses user

As someone new to the planning field, Planetizen has been the perfect host guiding me into planning and our complex modern challenges. Corey D, Transportation Planner

As someone new to the planning field, Planetizen has been the perfect host guiding me into planning and our complex modern challenges.

Corey D, Transportation Planner

Ready to give your planning career a boost?

View of dense apartment buildings on Seattle waterfront with high-rise buildings in background.

Seattle Legalizes Co-Living

A new state law requires all Washington cities to allow co-living facilities in areas zoned for multifamily housing.

December 1, 2024 - Smart Cities Dive

SunRail passenger train at platform in Poinciana, Florida.

Central Florida’s SunRail Plans Major Expansion

The expanded train line will connect more destinations to the international airport and other important destinations.

November 24, 2024 - Hoodline

Times Square in New York City empty during the Covid-19 pandemic.

NYC Officials Announce Broadway Pedestrianization Project

Two blocks of the marquee street will become mostly car-free public spaces.

December 1, 2024 - StreetsBlog NYC

CLose-up on black and white 25 mph speed limit sign.

Santa Monica Lowers Speed Limits

Posted speed limits will be reduced by 5 miles per hour on dozens of the city’s streets.

6 hours ago - Streetsblog California

Adult man talking to young woman across wooden garden fence with young girl standing next to him.

For Some, Co-Housing Offers Social and Economic Benefits

Residents of co-living developments say the built-in community helps ease the growing isolation felt by many Americans.

7 hours ago - NPR

View down San Francisco street with colorful residential buildings and high-rise downtown buildings in distance.

New Map Puts Bay Area Traffic Data in One Place

The Traffic Monitoring site uses community-collected speed and volume data to reveal traffic patterns on local roads.

December 4 - Streetsblog San Francisco

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.