A Montana district court judge in Bozeman ruled on Monday in favor of most of the pro-construction housing laws passed by the 2023 Legislature, marking a significant step in addressing the state's housing challenges. The ruling, however, did find that certain provisions in one law, designed to limit "not-in-my-backyard" (NIMBY) activism, violated the Montana Constitution’s right to public participation.

District Court Judge Mike Salvagni upheld three critical housing laws, including measures that require cities to allow accessory dwelling units (ADUs), duplexes, and apartment-style housing in specific zones. These changes aim to ease housing shortages and promote affordable housing in Montana.

"Today’s ruling by Gallatin District Court to uphold critical pro-housing reforms is a victory for all Montanans striving for affordable, attainable housing," said Governor Greg Gianforte. "These laws address our state’s housing crisis by increasing supply and expanding access to homeownership, a key part of the American dream."

Despite the victory for housing advocates, the court sided with opponents of one of the laws, Senate Bill 382, which sought to limit public participation in land-use decisions for projects deemed "substantially compliant" with existing zoning regulations. The law aimed to streamline the approval process for developments that aligned with established plans but faced opposition from groups like Montanans Against Irresponsible Densification (MAID).

"Public participation is required constitutionally," said Jim Goetz, an attorney for MAID. "This is a real dagger in the heart of that statute."

While the court ruling allows the three laws to proceed, it found provisions of SB 382, particularly those that reduce opportunities for public comment on specific development proposals, unconstitutional. The decision was praised by both Shelter WF, a housing advocacy group, and the Frontier Institute, a free-market think tank, but criticized by opponents who argue that reducing public input could undermine community involvement.

“These provisions of the law precluding public participation without notice and opportunity to be heard at the decision-making stage are facially unconstitutional,” Judge Salvagni wrote.

The laws upheld in the ruling include:

• Senate Bill 245, which mandates cities of 7,000 or more residents to allow apartment-style housing in most commercial zones.
• Senate Bill 323, which requires cities to permit duplexes on any home lot in cities with populations of 5,000 or more.
• Senate Bill 528, which mandates the construction of more accessory dwelling units in cities with 7,000 or more residents.

Despite the partial victory for pro-housing advocates, the future of SB 382 remains uncertain as stakeholders discuss potential appeals. The court's ruling highlights the ongoing tension between promoting affordable housing and ensuring that public participation in development decisions is not undermined.

Originally reported by Eric Dietrich in MSN.