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

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

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 16, 2025 - Diana Ionescu

Blue and white Seattle Link light rail train exiting concrete Downtown Bellevue Tunnel in Bellevue, WA.

Why Should We Subsidize Public Transportation?

Many public transit agencies face financial stress due to rising costs, declining fare revenue, and declining subsidies. Transit advocates must provide a strong business case for increasing public transit funding.

April 7, 2025 - Todd Litman

Two people on bikes in red painted bike lane with bus in traffic lane next to them.

Understanding Road Diets

An explainer from Momentum highlights the advantages of reducing vehicle lanes in favor of more bike, transit, and pedestrian infrastructure.

April 17 - Momentum Magazine

Aerial view of large warehouses across from development of suburban single-family homes in Jurupa, California with desert mountains in background.

New California Law Regulates Warehouse Pollution

A new law tightens building and emissions regulations for large distribution warehouses to mitigate air pollution and traffic in surrounding communities.

April 17 - Black Voice News

Purple Phoenix light rail train connected to overhead wires at sunset.

Phoenix Announces Opening Date for Light Rail Extension

The South Central extension will connect South Phoenix to downtown and other major hubs starting on June 7.

April 17 - Arizona Republic