Guest opinion: State mandates city allows 60-foot buildings in downtown

The headline of the recent Whitefish Pilot article “Whitefish Growth Policy green lights 60-Foot buildings downtown,” is not just misleading, it distorts the reality of what the Whitefish City Council actually did. The Council did not “green light” 60-foot buildings downtown, nor did it enthusiastically endorse this change. In fact, the Council has been forced to grapple with a sweeping, ill-conceived state mandate that overrides local authority and community values

The 2025 Montana Legislature passed Senate Bill 243, prohibiting municipalities designated as an urban area by the U.S. Census Bureau with a population over 5,000 as of the most recent census, from enacting height restrictions of less than 60 feet on buildings located in downtown commercial, heavy commercial or industrial zones. 

The top-down zoning mandate affects many jurisdictions, not just Whitefish, and will have a notable visual impact on our quaint small towns with downtown shopping districts made up of historically two-story commercial buildings along their main streets. 

The intent behind this law was purportedly to increase development opportunities under the guise of affordable housing. However, the reality is that Whitefish will not see affordable housing as a result. Instead, the law will likely fuel more luxury condo development, further pricing out our local workforce.

The Council held numerous public meetings and work sessions to address this ill-informed, one-size-fits-all state mandate. After careful legal review, it was determined that the city cannot outright ban 60-foot buildings downtown. 

However, only long-term multifamily units will be allowed to exceed the existing 45-foot height restriction, up to 60 feet. Other zoning mechanisms will also be considered to minimize the negative impact 60-foot buildings may have on our community, including applying the 20-foot building stepbacks above a certain height that Whitefish has employed in its downtown zoning since 1982 to minimize the aesthetic impacts of tall buildings.

The Council’s actions were not an endorsement, but a reluctant compliance with state law. The city is actively seeking ways to protect Whitefish’s character and limit the damage caused by this mandate. 

As the state continues to pass bills focused on preemption, it’s time for our community to stand up. Don’t let the state take away your voice as to how our community grows. Make your voices heard by reaching out to your state representatives.

John Muhlfeld is the mayor of Whitefish.