A recent ruling by a district court judge in Bozeman, Montana upheld three pro-construction housing laws passed by the 2023 Legislature but struck down provisions of a fourth law that restricted public participation in development decisions. The laws aim to increase affordable housing by allowing more accessory dwelling units, duplexes, and expanding housing options in commercial zones.
Governor Greg Gianforte, housing advocates, and free-market think tanks praised the ruling as a victory for affordable housing and homeownership. However, a homeowners group, Montanans Against Irresponsible Densification (MAID), opposed the laws, arguing they would lead to denser populations, more traffic, and unwanted changes in neighborhoods.
The ruling also highlighted the Montana Constitution’s right of participation, with the judge determining that limiting public involvement in development decisions violates this right. While the laws were praised for streamlining the development permitting process, critics argued that public input is essential in complex planning challenges.
The decision has generated mixed reactions, with the Montana League of Cities and Towns expressing disappointment and considering appealing the ruling. This ongoing debate around housing laws and public participation underscores the complexities and challenges in balancing housing affordability and community engagement.
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