National Capital Planning Commission Chairman William Scharf on Thursday suggested a federal law that restricts how tall buildings can be in Washington, D.C., does not apply to President Donald Trump’s proposed triumphal arch in the city, paving the way for the 250-foot project to receive full approval. 

Scharf, a Trump appointee, conceded during a commission meeting that the NCPC has long interpreted the Height of Buildings Act as applying to federal projects. After much deliberation, he has concluded that in the “best reading of the law,” the law is not applicable to federal construction, such as the proposed arch, telling colleagues that he finds “NCPC’s position is a little odd to me from a legal perspective.” Still, Scharf pushed Trump’s team to provide a formal legal justification for the commission to hold any decisive vote.