Critics say the administration is sidestepping a law that has shaped Washington’s skyline for more than a century.
Read more Farmers backed Trump. Now some say they’re losing patience.
The Trump administration is arguing that new federal construction projects — including President Donald Trump’s controversial 250-foot arch — are not subject to a federal law that restricts most construction in Washington to a maximum height of 130 feet.
An Interior Department memo posted Thursday offers a new interpretation of the Height of Buildings Act, which was enacted in 1910 to preserve the capital city’s historical views and character. The law has traditionally been applied to federal projects, helping preserve Washington’s distinctive skyline.
But in its memo, the Interior Department writes that the Height Act should be considered a local zoning law, mostly focused on private property, with exemptions for federal construction. The memo, which was posted ahead of a federal commission’s hearing on the arch next month, cites a series of statutes and zoning provisions.
“In sum, federal buildings are not subject to the [Height of Buildings Act],” the memo concludes.
That interpretation would reverse a long-held stance by the National Capital Planning Commission, which is considering whether to approve Trump’s project.
The administration’s new stance also would allow Trump — who has built skyscrapers across the world — to build any tall federal structure in Washington, too.
The Interior Department did not respond to questions Thursday about who authored the memo and whether Trump is planning any additional large projects for Washington.
“Great nations build beautiful structures and works of art that cultivate national pride and love of country. In this tradition, Secretary [Doug] Burgum is thrilled to champion the United States triumphal arch which will be a project that all Americans can be proud of,” the department said in a statement.
Read more Why democratic socialists like Lewis George in D.C. keep winning in cities
Historians, architects and Democrats have said that the Height Act would apply to the president’s arch and that there is no special exemption for federal buildings.
“Congress, not the Executive, decided in 1910 that Washington would remain a horizontal city, and Congress has preserved that judgment ever since,” congressional Democrats wrote to Burgum on Tuesday, warning him against building the arch.
Will Scharf, the Trump-appointed head of the National Capital Planning Commission, had requested the Interior Department memo as part of the commission’s review of Trump’s arch. Scharf had argued earlier this month that the Height Act should not apply to Trump’s arch.
The planning commission, which Trump has packed with allies, is set to review and potentially approve the arch at a July 9 meeting.
Career staff on the commission, which Congress charged with reviewing and approving new federal construction, have questioned how Trump’s arch would comply with the Height Act.
“NCPC has always applied the Height of Buildings Act to federal projects,” the commission’s staff wrote in a report reviewing the arch proposal.
Most Americans oppose the planned arch, with 52 percent against it and 21 percent in favor, according to a Washington Post-ABC-Ipsos poll conducted in April. The project is also facing a lawsuit brought by several military veterans who say the towering structure would alter their visiting experience to nearby Arlington National Cemetery.
Read more Flesh-eating maggot outbreak puts Trump administration response under scrutiny
