Montana Supreme Court upholds 2023 housing reform laws
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Montana Supreme Court upholds 2023 housing reform laws
"By upholding the constitutionality of our reforms, it will help bring the American Dream into greater reach for Montanans across our state. Lawmakers approved the package in 2023 as Montana communities faced rising home prices and rent growth tied to rapid population gains."
"Key provisions include: Duplexes: Cities with 5,000 or more residents must allow duplexes on any lot zoned for single-family housing. Accessory dwelling units: The reforms expand where property owners can build ADUs and limit local design restrictions. Multifamily in commercial areas: Cities with more than 7,000 residents must allow multifamily housing in most commercially zoned areas."
"MLUPA also included limits on public participation in zoning decisions—a provision aimed at reducing the influence of not in my backyard opposition in local entitlement processes. Supporters of the reforms said the laws are designed to unwind exclusionary zoning and speed construction of smaller-scale multifamily and entry-level housing in fast-growing markets."
Montana's Supreme Court unanimously upheld the state's 2023 housing reform package, known as the Montana Miracle, which addresses rising home prices and rent growth from rapid population increases. The reforms include requiring cities with 5,000+ residents to allow duplexes on single-family lots, expanding accessory dwelling unit (ADU) placement, mandating multifamily housing in commercial zones for cities over 7,000 residents, and implementing the Montana Land Use Planning Act (MLUPA) requiring municipalities to update zoning codes. MLUPA also limits public participation in zoning decisions to reduce NIMBY opposition. The ruling resolves legal challenges from homeowner groups opposing these zoning changes. The Montana League of Cities and Towns supported the legislation despite typical state pre-emption resistance.
Read at www.housingwire.com
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