Supporting public participation and local control in land use policies
Flathead Families for Responsible Growth has taken a stand in the Montanans Against Irresponsible Densification (MAID) v. State of Montana case by filing an amicus brief in support of the plaintiffs. Our organization recognizes the critical importance of public participation, equal protections, and local control in land use policies, and we believe these principles are at stake in the ongoing legal proceedings.
The primary concern driving our involvement is the erosion of public participation in decision-making processes related to land use and development. Senate Bill 382, among other things, effectively restricts public input and commentary on proposed developments, placing such decisions solely at the discretion of officials. This legislation undermines the essence of public participation, particularly by excluding public input once a Land Use Plan is finalized.
As seen in Whitefish and other communities, only a small segment of residents actively engages in the planning process. This limited engagement should not replace the crucial need for thorough and thoughtful consideration of proposed developments. It raises significant concerns about the democratic nature of these decisions.
Furthermore, SB 528 and SB323 create disparities in zoning requirements that directly impact residents. For instance, areas with homeowners associations (HOAs) will face different zoning regulations compared to nearby areas without HOAs, leading to confusion and inequity within communities. Such unequal protections contradict the principles of fairness and community cohesion.
Equally pressing is the issue of affordable housing and top-down zoning. While touted as measures to address affordability, recent legislative actions have, in reality, hindered local governments' ability to craft housing solutions tailored to their communities’ needs. The dismantling of Whitefish's inclusionary zoning program and the rent to locals ADU program are stark examples of how these laws impede efforts to create diverse and affordable housing options.
These initiatives were prematurely halted, depriving them of the opportunity to yield results. While they may not have been flawless, the authority to devise and adapt such programs as needed should reside with local governments and the communities set to benefit from them. Affordable housing solutions cannot adhere to a one-size-fits-all approach.
We are deeply concerned about the long-term impacts of these legislative changes on housing affordability, community engagement, and local autonomy. Our organization firmly believes that empowering communities to participate in decision-making processes and preserving local control are essential for sustainable and inclusive growth.
We urge policymakers and the public to consider the broader implications of these laws and support initiatives that prioritize public participation, equal protections, and locally tailored solutions in land use policies.
— Flathead Families for Responsible Growth board members Brad Bulkley, Cameron Blake, Carol Balliet Atkinson, Carolyn Pitman, Jeffry Allen, John Collins, Murray Craven, Richard Hildner and Executive Director Alyssum Ahler.