Trump’s Interior Department Now Says 115-Year-Old Federal Height Rule Doesn’t Apply to His 250-Foot Corner.

The Height of Buildings Act of 1910 limits most buildings in Washington, DC, to approximately 130 feet, a law based on early 20th century fire safety concerns and the desire to preserve the city’s low, horizontal, neoclassical character, dominated by monuments instead of modern buildings.

Trump’s proposed Independence Arch would stand 166 feet tall, with about another 100 feet of glazed sculpture of wings at the top. Designed by Harrison Design and clearly modeled on the Arc de Triomphe, the marble and gold structure will feature two eagles and a giant winged statue that Trump says is Lady Liberty. The other side would read “One Nation Under God.” Another would read “Liberty and Justice for All.” It is intended as a ceremonial gateway to the traffic circle from the Arlington Memorial Bridge, directly across the Potomac from the Lincoln Memorial, as part of the celebrations marking America’s 250th birthday.

Because the arch is a freestanding monument rather than a residential building, the Interior Department argued in a recent unsigned memo that the 1910 Height Act, which it describes as operating as a local zoning ordinance, does not apply to federal projects on federal land. That interpretation conflicts with the longstanding position of the Commission on Fine Arts and the staff of the National Planning Commission, which have applied height restrictions to state buildings. Trump-appointed commission chairman Will Scharf requested the Interior memo before the final vote.

Trump first previewed arch models at a White House event last fall, telling patrons he preferred the largest version. He said he does not plan to seek congressional approval for the project. A coalition of Vietnam War veterans filed a lawsuit, saying the building would disrupt the historic space between the Lincoln Memorial and Arlington National Cemetery. Recent polls show Americans oppose the project by more than 2-to-1.

Supporters see the arch as a fitting monument to elevate the western entrance of the capital in the same spirit that Paris celebrates its triumphal arch. Critics say it would upset carefully preserved historic visions and test the limits of height restrictions that have shaped Washington’s skyline for more than a century.

The Fine Arts Commission is expected to take further action on the design in the coming weeks.

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