Trump's arch clears another hurdle, setting up a big debate: Do height limits apply?
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"I believe, speaking personally, that the Height of Buildings Act is not applicable to federal construction," Scharf said , contradicting what he acknowledged was the "long-held" view of the commission he has led for the past year.

The Department of the Interior seems to side with Scharf. Ahead of Thursday's meeting, its Office of the Solicitor submitted a four-page memo arguing in part that the 1910 act — despite being federal law — is "just a local zoning ordinance and does not apply to the United States."

The planning commission responded with a four-page memo of its own earlier this month, outlining the law's legislative history and application over time.

"Since 1938, NCPC has operated with the understanding that the HBA was intended to bind federal projects and has applied the HBA accordingly," wrote Meghan Hottel-Cox, the commission's general counsel and secretariat.

Changing that, she said, would mean big changes not only to the commission's process but for D.C. itself.

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