MISSOULA — The Montana League of Cities and Towns has asked to join a pending case to help defend a land-use bill passed by the Legislature last year.
Senate Bill 382 modernized the state's land use and planning laws and has been described as the “Montana Miracle” in its ability to address the state's housing issues.
However, Montanans Against Irresponsible Densification have challenged the measure, arguing it could damage their property values and quality of life.
In seeking to join the case and defend the law, the executive director of the Montana League of Cities and Towns said the organization could provide perspective to the court on how the act will work and how it benefits Montana.
“Our land use and planning statutes were written for a Montana a hundred years ago and could no longer be simply tweaked and amended to accommodate how we operate today,” said Kelly Lynch. “We worked hard to ensure that this comprehensive update balanced all the competing interests involved.”
Those behind the act said it updates Montana’s laws and includes solutions to the housing changes recommended by Gov. Greg Gianforte’s Housing Task Force.
Lynch said the act eliminates tedious development review processes and requires local zoning reforms. But it also leaves decisions surrounding development patterns to each community based on local needs and conditions.
The act has the support of the city and county of Missoula, and the city is currently updating its own land use and planning rules to include items in the new state law.
Backers also say the act provides surety in how, when and where development will happen in Montana’s fastest-growing communities.
“The new Act provides cities and towns the mechanisms to reform their zoning and plan for future community needs,” the League of Cities and Towns said in a statement. “It provides certainty and cost savings for developers. It provides a robust process for locals and the public to participate in developing the community’s land use plan and mitigating impacts to public services and the environment.”
Montanans Against Irresponsible Development challenged the act earlier this year. But the Montana Supreme Court recently reversed a District Court’s injunction against two of the laws.
In remanding it to further proceedings, the state Supreme Court said the public interest and legislative efforts to address Montana's housing crisis outweighed MAID’s concerns that it may be harmed by new development that might occur under the new laws.
Gov. Greg Gianforte praised the state Supreme Court's decision in September.
“Home ownership is a key part of the American dream,” Gianforte said. “I appreciate the Montana Supreme Court for rejecting this injunction, which held back two key reforms identified by our bipartisan Housing Task Force and passed into law by the Legislature. We will continue to find innovative ideas to increase housing supply so that affordable, attainable housing is within reach for every Montanan.”
