Did the Board Use a “Bright-Line” Rule Establishing Permissible Rural Densities?
In Futurewise’s initial appeal to the Board, the Board held that Whatcom County’s rural densities of greater than one dwelling unit per five acres were not in compliance with the GMA. The Board reasoned, “While the GMA does not establish a maximum residential rural density, all three of the Boards have found that rural residential densities are no more intense than one dwelling per five acres.” At issue in today’s hearing is whether this statement constituted a “bright-line” rule. Defining policy through bright-line rules is outside the Board’s authority under the GMA. Futurewise argues that the statement is not a bright-line rule, but simply a statement of context summarizing how other Boards have ruled on the issue. Futurewise points out that it submitted substantial evidence to the Board that higher rural density levels are contrary to GMA goals and requirements. Futurewise also note that Whatcom County embraced the one-unit-per-five-acre standard at the Board hearing and admitted t
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