Panel Backs Trump Arch Without Deciding on Height

A federal commission listened to public opposition to President Trump's plan to build 250-foot-tall Triumphal Arch in the capital for nearly three hours on Thursday, then gave the project a green light. Although it's not final approval, the Washington Post reports, the decision is a major victory for the president. The National Capital Planning Commission, historically firm on enforcing the 1910 Height of Buildings Act for both public and private structures, was to weigh a fresh reading of the law that could clear the way for the arch. Instead, the commission put off a decision on that issue, per the AP, while members continue to think about it.

Trump's Interior Department argued in a memo that the statute, capping most DC construction at 130 feet, was never meant to cover federal buildings—a position that surprised veteran planners and appears to contradict how the law has been applied for decades, per the New York Times. Trump-appointed Chairman Will Scharf has argued the law is a local zoning code, not applicable to federal buildings, despite the fact that "there was no locally elected government in Washington" when it was passed. The law was reportedly intended to eliminate conflicting statutes, like the one from 1899 that the Interior Department memo cites as containing a height limit exemption for federal buildings.

The project is already under legal fire. Vietnam veterans and Democrats say it violates multiple federal statutes and lacks the explicit congressional approval required for new monuments and structures on federal land. If Trump allies on the commission adopt the new interpretation, it could fuel additional lawsuits. However, commission staff see a workaround. According to the AP, a report prepared for Thursday's meeting advises trimming the arch to fit within the 130-foot limit but adding a 20-foot observation level and tall statues on top, which could be classified as decoration, to reach Trump's desired height.

The project is unpopular with the public, polls show, but was more of a hit with the Trump-dominated commission. The vote was 8-1, with three members voting present. "I think it's long overdue as something that should be seriously considered in the city," said Paul Ingrassia, a Trump appointee, per the Post.