By Laura Collins
As housing shortages continue to afflict communities across the state, many bills proposing to tackle housing supply and affordability head-on have passed the first house with bi-partisan support. MEIC supports the following reforms in order to increase housing options and decrease-climate changing pollution: change zoning restrictions in fast-growing cities for three and four unit dwellings (SB 266, Sen. Jeremy Trebas, R-Great Falls), eliminate mandatory parking minimums (HB 492, Rep. Katie Zolnikov, R-Billings) and require factory-built homes to be treated the same as other single family dwellings (SB 252, Rep. Dave Fern, D-Whitefish). While some of these bills are similar to what is mandated in a 2023 law, MEIC believes it is also appropriate to allow that law to take full effect, which will let local governments develop growth plans that allow them to choose from a menu of options that were included in the new law and decide how they will allow increased density in their communities. It’s worth noting that communities may take different approaches to how they implement multiple reforms at once, should that situation arise.
Unfortunately, a number of legislators and development advocates have latched on to housing reform to conceal their true intentions of deregulation. Cries of “housing for the people!” can be heard echoing through the halls and chambers of the Capitol. Perhaps the loudest of which have come from those seeking to exploit the housing crisis to eliminate Montana Environmental Policy Act considerations (see article on pg. 10), local environmental protections, and water and development review.
In a major win for the environment and Montana’s communities, the failure of SB 146 (Sen. Becky Beard, R-Elliston) was one of the biggest victories of the session thus far. SB 146, or “The Private Property Protection Act,” attempted to strip local governments of authority to regulate land use and development in favor of free and unfettered use of property. From farmers and ranchers to concerned citizens and Tribes, the magnitude of opposition to SB 146 revealed the myriad of reasons such an unprecedented and short-sighted policy would have wreaked havoc on Montana’s lands and communities. In a moment of tense uncertainty, the bill cleared committee and was read on the Senate floor twice, losing by only a hair both times. However, several other bills angling for free use of private property have progressed to the next chamber, leaving little time to celebrate.
Two bills, SB 358 (Sen. Wylie Galt, R-Martinsdale) and SB 436 (Sen. Carl Glimm, R-Kila), seek to codify the ability of developers to abuse the exempt well provisions when they use it to provide water to subdivisions. While there needs to be clarity on how exactly Montana will regulate exempt wells moving forward, following a court ruling last year invalidating DNRC’s exempt well process, these two bills (in particular SB 436) don’t yet meet constitutional standards.
SB 262 (Sen. Forrest Mandeville, R-Columbus) would eliminate DEQ’s Montana Environmental Policy Act assessment of all subdivisions in the name of streamlining development review at the cost of analyzing the cumulative impacts of development on the surrounding water resources. HB 714 (Rep. Larry Brewster, R-Billings), falsely claims to “clarify” local governments’ authority to deny family transfer requests. However, the bill effectively eliminates a local government’s ability to prevent abuse of this subdivision review exemption by requiring the local government to provide evidence that the applicant intends to evade subdivision review in written or recorded documentation – an impossible standard for the local government to meet.
While more housing is urgently needed, it is imperative that new growth occurs in urban areas, and not further into our valleys where it will continue to destroy ecosystems, streams, aquifers, and the climate. MEIC will fight deregulatory legislation disguised as housing affordability to conceal its true intentions, a free for all land grab for the wealthy — not the people.
This article was published in the March 2025 issue of Down To Earth.
