Zoning laws aimed at incentivizing home construction have survived a legal challenge.
The laws passed with bipartisan support during the 2023 legislative session, and were originally proposed by an affordable-housing task force.
The laws created a number of policies, including requiring cities to permit construction of more multi-family and accessory dwelling units, regardless of local regulations.
A group of homeowners in several of Montana’s largest cities sued the state. They said building high density housing in neighborhoods zoned for single-family units will hurt existing property values.They argue the laws usurp the local zoning process, violating the public’s rights to due process, equal protection and public participation.
The Montana Supreme Court disagreed. In a unanimous ruling, the justices found the laws do offer opportunities for public input.
