AFP Statement on Gallatin County Court Housing Decision
BOZEMAN, MT – On March 3, a Gallatin County judge rejected a legal challenge to new zoning and planning reforms, known as the “Montana Miracle,” passed by the Montana State Legislature in 2023. The court upheld laws permitting accessory dwelling units, duplexes in cities, and allowing multi-family homes in commercial areas.
After the decision, AFP-Montana Deputy State Director Henry Kriegel released the following statement:
“Judge Salvagni’s decision reinforces Montanans’ property rights, will help to alleviate our state’s housing affordability crisis, and is a victory for the state and all those who worked hard to achieve these reforms. Each Montanan deserves access to housing and this decision upholds key housing reforms that will help countless Montanans stay in their beloved state.”
BACKGROUND:
The court upheld most of SB 382 but struck down its provisions that limited public participation in site-specific land use decisions. This aspect of the ruling significantly impacts Montana’s housing reform efforts, as it could slow down housing approvals by requiring additional public review at the site-specific stage. An appeal is likely, given the importance of this decision for housing development and zoning reform in Montana.
