[No. 58379-4-I. Division One. August 27, 2007.]
[1] Counties — Land Use Controls — Growth Management Act — Administrative Review — Growth Management Hearings Board — Local Compliance With Act — Clearly Erroneous Test. A growth management hearings board may invalidate a local jurisdiction's comprehensive plan provision or development regulation under the clearly erroneous standard of RCW 36.70A.320(3) if, after reviewing the entire record and considering the goals and requirements of the Growth Management Act (chapter 36.70A RCW), the board has a firm and definite conviction that a mistake was made. [2] Counties — Land Use Controls — Growth Management Act — Construction — Deference to Hearings Board. While a growth management hearings board is required by RCW 36.70A.3201 to defer to a local jurisdiction's planning choices that are consistent with the Growth Management Act (chapter 36.70A RCW), the board may independently determine what the Growth Management Act requires and such determinations are entitled to deference by a reviewing court; i.e., a court must give "substantial weight" to the board's interpretation of the act. [3] Counties — Land Use Controls — Growth Management Act — Hearings Board Decision — Judicial Review — Appellate Review — Board Record. When reviewing a growth management hearings board decision, an appellate court sits in the same position as the superior court and applies the review standards of RCW 34.05.570(3) directly to the record created before the board. [4] Administrative Law — Judicial Review — Standard of Review — Statutory Provisions. Under RCW 34.05.570(3), an agency's adjudicative order is subject to judicial review under the nine standards delineated in the statute. [5] Administrative Law — Judicial Review — Question of Law — Standard of Review. An issue of law in an administrative adjudication is reviewed by a court de novo under the error of law standard of RCW 34.05.570(3)(d). [6] Administrative Law — Judicial Review — Question of Law — Meaning of Statutes — Deference to Agency — Agency Expertise. A reviewing court will give substantial weight to an agency's interpretation of a statute that the agency administers. [7] Administrative Law — Judicial Review — Mixed Question of Law and Fact — Standard of Review. A court reviews a mixed question of law and fact in an agency adjudication by independently determining the law and then applying the law to the facts as found by the agency. [8] Administrative Law — Judicial Review — Substantial Evidence — What Constitutes. For purposes of the substantial evidence standard of RCW 34.05.570(3)(e) for reviewing an agency order in an adjudicative proceeding, "substantial evidence" is a sufficient quantity of evidence to persuade a fair-minded person of the truth or correctness of the order. [9] Judgment — Collateral Estoppel — Elements — Identity of Issues — Necessity. The doctrine of collateral estoppel does not compel a particular disposition of an issue presented for adjudication in a current proceeding if the issue is not identical to one adjudicated in a prior proceeding. [10] Judgment — Res Judicata — Identity of Cause of Action — Necessity. The doctrine of res judicata does not apply unless the claim presently being asserted is the same as one that was previously presented and resolved. [11] Counties — Land Use Controls — Growth Management Act — Comprehensive Plan — Compliance — Periodic Update — Board Review — Prior Proceeding — Similarity of Claims and Issues. A proceeding to determine the procedure to apply upon administrative review of a local jurisdiction's periodic review and update of its comprehensive plan and development regulations under the Growth Management Act (chapter 36.70A RCW) does not involve the same claim or issues for res judicata and collateral estoppel purposes as a proceeding to determine the substantive adequacy of the review and update. [12] Counties — Land Use Controls — Growth Management Act — Planning Policies — Updates and Changes. A local jurisdiction's land use planning under the Growth Management Act (chapter 36.70A RCW) is not static. A jurisdiction's comprehensive plan and development regulations must be reviewed and updated as necessary to maintain compliance with the act. [13] Statutes — Construction — Question of Law or Fact — Review — Standard of Review. Statutory interpretation is a question of law that is reviewed de novo. [14] Counties — Land Use Controls — Growth Management Act — Comprehensive Plan — Compliance — Periodic Update — Amendments to Act — Revision to Plan — Necessity. Under RCW 36.70A.130(1), local jurisdictions must periodically review and, if needed, revise their comprehensive plans and development regulations to ensure compliance with the requirements of the Growth Management Act (chapter 36.70A RCW), including requirements created by intervening legislative amendments to the act. [15] Counties — Land Use Controls — Growth Management Act — Rural Area Development — Allowable Density — Limited Areas of More Intensive Development — Statutory Limitations — In General. Under RCW 36.70A.070(5)(d), a county may designate limited areas of more intensive rural development in its comprehensive plan and development regulations. Limited areas of more intensive rural development allow continuation of greater densities than are usually permitted in rural areas, such as commercial areas at crossroads, recreational areas, and transportation corridors. They are not tools for encouraging development or creating opportunities for growth, and their densities must be mapped and restricted to the clearly identifiable areas of more intense development existing as of July 1, 1990. [16] Counties — Land Use Controls — Growth Management Act — Rural Area Development — Allowable Density — Limited Areas of More Intensive Development — Statutory Limitations — Admission of Noncompliance — Effect. A county's presentation to a growth management hearings board of facts that amount to an admission that provisions in its comprehensive plan designating limited areas of more intensive rural development do not comply with the requirements of RCW 36.70A.070(5)(d) will suffice to support a determination that the plan provisions do not comply with the rural planning requirements of the Growth Management Act (chapter 36.70A RCW). [17] Counties — Land Use Controls — Growth Management Act — Rural Area Development — Allowable Density — Limited Areas of More Intensive Development — Statutory Limitations — Noncompliance — Sufficiency of Evidence. Evidence presented to a growth management hearings board that limited areas of more intensive rural development designated in a county's comprehensive plan include large areas of undeveloped land, take little account of physical boundaries, do not exclude development built or vested after July 1, 1990, and specifically anticipate future development will suffice to support a determination that the plan provisions do not comply with the rural planning requirements of the Growth Management Act (chapter 36.70A RCW). [18] Administrative Law — Judicial Review — Appellate Review — Issues Previously Raised by Different Party. An appellate court reviewing an agency order that has first been reviewed by a superior court may consider issues raised before the agency or the superior court by a party other than the party seeking review before the appellate court. [19] Counties — Land Use Controls — Growth Management Act — Rural Area Development — Allowable Density — Prior Hearing Board Rulings — Effect. A growth management hearings board does not exceed its authority by noting that prior hearings board decisions have found allowable rural residential densities to be no more than one dwelling unit per five acres and remanding a case for further review in light of such prior decisions. AGID, J., concurs by separate opinion. Nature of Action: An owner of property contained within a limited area of more intensive rural development designated in a county's comprehensive plan sought judicial review of a growth management hearings board decision (1) ruling that the county's criteria for limited areas of more intensive rural development did not comply with the rural planning requirements of the Growth Management Act and (2) remanding the case to the county for further review of its comprehensive plan and rural zoning densities to ensure compliance with intervening legislative amendments to the act. Superior Court: The Superior Court for Whatcom County, No. 05-2-02405-1, Steven J. Mura, J., on June 8, 2005, entered a judgment reversing the board's decision. Court of Appeals: Holding that the Growth Management Act requires the county to review its comprehensive plan to ensure compliance with intervening legislative amendments to the act, that the board properly remanded the case to the county for further review of its comprehensive plan because substantial evidence supports the board's determination that the county's limited areas of more intensive rural development do not comply with the rural planning requirements of the act, and that the board also properly remanded the case for the county to review its rural zoning densities to ensure compliance with the act, the court reverses the judgment, reinstates the board's final decision and order, and remands the case to the board for further proceedings. Kenneth Lederman- (of Riddell Williams, PS), for appellant. Jack O. Swanson- and John C. Belcher- (of Belcher Swanson Law Firm, PLLC), for respondent. ¶1 ELLINGTON, J. — Land use planning under the Growth Management Act (GMA), chapter 36.70A RCW, is a dynamic process. Counties and cities must periodically review their comprehensive plans to adjust for changes in population, critical area ordinances, and legislative amendments to the GMA. Whatcom County's review did not address GMA amendments governing limited areas of more intensive rural development. The Western Washington Growth Management Hearings Board properly remanded for such an analysis. I. BACKGROUND ¶2 In 1997, Whatcom County adopted a comprehensive land use plan and associated regulations, which included a zoning device allowing limited areas of more intensive rural development (LAMIRD). Two months later, the legislature enacted strict new criteria for these devices. ¶3 The GMA requires counties to review and revise their comprehensive plans every seven years to ensure continued compliance with the act. ¶4 Futurewise, an advocacy group for responsible growth management, sought review by the Western Washington Growth Management Board (Board), contending that in its periodic review, the county should have revised its rural density designations to comply with the new LAMIRD criteria. Futurewise pointed out that Whatcom County's plan, Whatcom County Ordinance (WCO) 2004-017, ¶5 The county moved to dismiss, arguing that the new criteria do not affect an existing comprehensive plan. The Board rejected this argument, adhering to its view expressed in an earlier decision involving Whatcom County and Futurewise It is true that the County need not allow for limited areas of more intensive rural development under this provision and so it is optional whether it does so. However, if the County decides to allow areas of more intensive rural development in the rural zone, those areas must conform to the GMA requirements for such limited areas of more intensive rural development in RCW 36.70A.070(5)(d). The County's designation and regulation of limited areas of more intensive rural development must accord with the criteria in RCW 36.70A.070(5)(d). While those criteria were not in effect at the time that the County's comprehensive plan was first adopted, the update requirement applies to incorporate any GMA amendments into the review and revision of comprehensive plans and development regulations under RCW 36.70A.130. ¶6 After this ruling, Gold Star Resorts, Inc., was granted intervenor status before the Board. Gold Star owns approximately 76 acres of land on the east side of the Interstate 5-Lynden Road interchange in Birch Bay, near the Canadian border. The entire property is currently designated as a "transportation corridor," one of the rural designations attacked in Futurewise's petition. Gold Star was permitted to intervene on condition that it abide by "the terms and conditions of all orders issued in this case." ¶7 After a hearing, the Board ruled that the county's LAMIRD designation criteria do not comply with the GMA. The Board remanded to the county for further review of its comprehensive plan. ¶8 Gold Star, but not the county, appealed to superior court. ¶9 Futurewise appeals. II. STANDARD OF REVIEW The Growth Management Hearings Board is charged with adjudicating GMA compliance and invalidating noncompliant plans and development regulations. RCW 36.70A.280, .302. The Board "shall find compliance" unless it determines that a county action "is clearly erroneous in view of the entire record before the board and in light of the goals and requirements" of the GMA. RCW 36.70A.320(3). To find an action "clearly erroneous," the Board must have a "firm and definite conviction that a mistake has been committed." Dep't of Ecology v. Pub. Util. Dist. No. 1 of Jefferson County, 121 Wn.2d 179, 201, 849 P.2d 646 (1993). . . . The legislature intends for the Board "to grant deference to counties and cities in how they plan for growth, consistent with the requirements and goals of" the GMA. RCW 36.70A.3201. But while the Board must defer to Lewis County's choices that are consistent with the GMA, the Board itself is entitled to deference in determining what the GMA requires. This court gives "substantial weight" to the Board's interpretation of the GMA. [King County v. Cent. Puget Sound Growth Mgmt. Hearings Bd., 142 Wn.2d 543, 553, 14 P.3d 133 (2000).] III. ANALYSIS ¶13 At the heart of this appeal are two questions: (1) whether the Board erred in ruling that the review statute requires the county to bring its comprehensive plan into compliance with current GMA requirements and (2) whether the Board erroneously interpreted or misapplied the law in concluding that the rural density zoning criteria violate the GMA's density specifications. A. Compliance with GMA Requirements 1. Res Judicata and Collateral Estoppel ¶15 In any case, the law has changed, the subject matter is related but not identical, and the issues are not the same. The challenge here is to the inadequacy of the county's comprehensive plan review, not to the validity of the original designations. ¶16 The trial court erred in ruling that Wells was dispositive. Neither collateral estoppel nor res judicata bars our review. 2. The Scope of the Periodic Review (1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. A county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. . . . The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management. (b) Any amendment or revision to a comprehensive land use plan shall conform to this chapter. Each county must complete a review every seven years. ¶18 Central to this case is the scope intended by the legislature for the periodic review. Futurewise contends that under former RCW 36.70A.130(1) (2002), the county must review its comprehensive plan and regulations for compliance with current GMA requirements and that its failure to revise its designation of LAMIRDs and rural densities violates the review statute and leaves the county out of compliance with the GMA. Gold Star takes the position that the scope of the required review is limited to two subjects: critical areas ordinances and, if applicable, population allocation. The County's designation and regulation of limited areas of more intensive rural development must accord with the criteria in RCW 36.70A.070(5)(d). While those criteria were not in effect at the time that the County's comprehensive plan was first adopted, the update requirement applies to incorporate any GMA amendments into the review and revision of comprehensive plans and development regulations under RCW 36.70A.130. The superior court agreed with Gold Star: RCW 36.70A.130(1) does not require counties to start from scratch and justify everything in their comprehensive plans and development regulations every seven years. Rather, the statute requires that counties review and evaluate their comprehensive plans and development regulations "identifying the revisions made, or that a revision was not needed and the reasons therefore." This statute gives counties considerable discretion to balance the need for finality in land use management with the need to ensure compliance with the purposes and goals of the Growth Management Act (RCW 36.70A). Our first task is to resolve this dispute over the scope of the review required by the GMA. Statutory interpretation is a legal question. Our review is de novo. ¶21 This reading of the statute is narrow and cramped, and ignores the legislature's explicit statement of the purpose of review: to ensure compliance with "the requirements of this chapter." Nothing in this language suggests, nor do we believe, that the legislature intended to allow plans to fall completely out of compliance with the GMA over time by means of simple inaction. That reading of the statute renders amendment of the GMA essentially futile, because all cities and counties now have plans in place. We agree with the Board that the review statute requires cities and counties to bring their plans into compliance with intervening legislative amendments. ¶22 Gold Star expresses concern that a broad review requirement undermines the goal of finality in land use decisions. But Division Two of this court has already rejected the argument that "permitting the Board to review all plan provisions and regulations regardless of whether the County amended them would create an 'open season' to challenge comprehensive plans and development regulations every seven years." ¶23 We agree. The review requirement provides the vehicle for bringing plans into compliance with recently enacted GMA requirements and for recognizing changes in land usage or population. It creates no "open season" for challenges previously decided or time-barred. Nor does it undermine finality in land use decisions. "Finality" is a hollow concept here, because zoning may be changed independent of the review process, and changes in the GMA or zoning regulations cannot affect vested rights. ¶24 We hold that the review statute requires Whatcom County to amend its comprehensive plan as necessary to comply with GMA amendments that came after adoption of the plan. The Board's remand for review for statutory compliance was proper. 3. Substantial Evidence Supporting the Board's Findings ¶25 County planning in rural zones must "protect the rural character of the area" and reduce "the inappropriate conversion of undeveloped land into sprawling, low-density development in the rural area." (iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low-density sprawl; (v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence: (A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter. In sum, LAMIRDs are not tools for encouraging development or creating opportunities for growth, and their densities must be confined to the clearly identifiable area of more intense development existing as of July 1990. ¶28 Futurewise introduced aerial photographs showing swaths of apparently undeveloped land within the LAMIRD boundaries. ¶29 In short, the county's presentation to the Board confirmed that the county did not apply RCW 36.70A.070(5)(d) in drawing the boundaries for the LAMIRDs and that its process resulted in LAMIRD boundaries the statute does not allow. County action is entitled to a presumption of validity, but here the county admitted that its criteria did not match the statute nor produce compliant results. This alone is evidence sufficient to support the Board's remand for review of the LAMIRDs. ¶30 Additionally, the Board was plainly correct in finding the county provisions noncompliant. Policy 2GG-2 [Identifying five towns as "small towns" with commercial centers catering to local residents and tourists]: Designate approximate town boundaries based on the areas characterized by existing development and logical extensions of the present service areas. Resort and Recreational Subdivisions—Rural—Purpose: Recognize the existing mixture of recreational and residential subdivisions and ensure that future growth can be serviced appropriately. Transportation Corridors—Rural—Purpose: This designation is designed to alert the community to proposed transportation corridor related expansion and to guide developments appropriately. Definition: Transportation Corridors are areas in demand for transportation related services and improvements where planning is underway or anticipated. Two other provisions do not exclude development built or vested after 1990: Small Towns—Rural—Locational Criteria: Existing small community or resort centers with adequate services, including water and sewer which can be cost-effectively provided; near existing transportation routes; characterized by commercial uses and higher densities than surrounding rural areas. Suburban Enclaves—Rural—Purpose: To ensure efficient land use by allowing in-fill at suburban densities in areas already characterized by such development. And one provision makes no reference at all to existing development, with or without a date restriction: Crossroads Commercial—Rural—Locational Criteria: Central to rural populations; commercial areas should be located near arterial routes and fulfill a need for goods and services in that area. The absence of the pre-1990 date restriction renders the provisions facially inconsistent with the GMA. Policy 2GG-2's notion of an "approximate" boundary conflicts with the statutory requirement that the county "establish" logical outer boundaries beyond which development cannot encroach. ¶31 The evidence amply supports the Board's conclusion that Whatcom County Policy 2GG-2 and its LAMIRD rural designation descriptors do not comply with the GMA. Remand for review under the amended statutory provisions was proper. B. Rural Zoning Densities 1. Appealability ¶33 But the issues were developed by the county's briefing and arguments, which were explicitly adopted by Gold Star, and no purpose would be served by barring substantive review simply because the county did not participate in the appeal. 2. Applicability of Bright Line Rules 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 unit per five acres. Applying this rule, the Board concluded that six Whatcom County zones do not comply with the GMA. ¶35 The arguments on this issue are founded upon the Supreme Court's opinion in Viking Properties, Inc. v. Holm, ¶36 The court rejected this argument, both because the GMA is only a guideline for local planning and because the boards lack authority to define policy through their rulings: First, . . . the growth management hearings boards do not have authority to make "public policy" even within the limited scope of their jurisdictions, let alone to make statewide public policy. The hearings boards are quasi-judicial agencies that serve a limited role under the GMA, with their powers restricted to a review of those matters specifically delegated by statute. See RCW 36.70A.210(6), .280(1). . . . [T]he GMA creates a general "framework" to guide local jurisdictions instead of "bright-line" rules. See RCW 36.70A.3201. Gold Star asserts that the Board here erroneously applied a "bright line" rule by defining rural densities as a maximum of one dwelling unit for every five acres. ¶37 Viking is obviously distinguishable, involving as it does an effort to use Board rulings to invalidate a private covenant, but Gold Star's point is well taken. In the absence of legislative guidance, the boards are left to adopt some consistent approach. But guidelines are one thing and bright line rules another. ¶38 We do not, however, agree that the Board acted outside its authority because Whatcom County explicitly embraced the one dwelling unit per five acre standard in its briefing ¶39 The Board did not order any particular planning outcome or the application of any particular definition of rural density, but, rather, remanded to the county for further review. Upon that review, the principles of Viking should be considered. 3. GMA Compliance ¶40 Futurewise challenged six zoning densities as inconsistent with the GMA. The six zones apply to rural areas and permit up to three dwelling units per acre. As described above, the county conceded that residential densities of greater than one dwelling unit per five acres are not considered rural. Further, the county conceded that rural densities exceeding one dwelling per five acres are allowed only within proper LAMIRDs, and that the continued validity of its rural zoning is thus dependent upon the validity of its LAMIRD boundaries. Because the Board correctly remanded for review of the LAMIRDs, we also affirm remand for review of the rural zoning densities consistent with GMA-compliant LAMIRD boundaries. IV. CONCLUSION ¶41 We reverse the superior court, reinstate the Board's final decision and order, and remand to the Board for further proceedings consistent with this opinion. AGID and DWYER, JJ., concur. ¶42 AGID, J. (concurring) — I concur in and have signed the majority opinion. I write separately to clarify a misconcep- tion that has crept into the case law concerning the Growth Management Hearings Boards' (Boards) adoption of a "bright line rule" governing urban and rural densities under the Growth Management Act (GMA), chapter 36.70A RCW. While the Central Puget Sound Board did use that unfortunate term in its Bremerton v. Kitsap County decision, ¶43 For example, in discussing urban densities, the Board reasoned: At the low end of the range of permissible urban densities, it is difficult to draw a universally appropriate maximum urban lot size. Several sources in the literature and the experience of growth management in other states strongly suggest that anything less than seven dwelling units per acre is not supportive of transit objectives and anything less than four per acre is sprawl. As noted above, the Board holds that up to 2.5-acre lots are urban. However, rather than adopt a maximum urban lot size, the Board instead adopts as a general rule a "bright line" at four net dwelling units per acre. Any residential pattern at that density, or higher, is clearly compact urban development and satisfies the low end of the range required by the Act. Any larger urban lots will be subject to increased scrutiny by the Board to determine if the number, locations, configurations and rationale for such lot sizes complies with the goals and requirements of the Act, and the jurisdiction's ability to meet its obligations to accept any allocated share of county-wide population. Any new residential land use pattern within a UGA [Urban Growth Area] that is less dense is not a compact urban development pattern, constitutes urban sprawl, and is prohibited. There are exceptions to this general rule. For example, 1- or 2.5-acre lots may be appropriate in an urban setting in order to avoid excessive development pressures on or near environmentally sensitive areas. However, this circumstance can be expected to be infrequent within the UGA and must not constitute a pattern over large areas. ¶44 Similarly, the Board's discussion of rural densities focused on the range of uses and "typical" ranges of lot sizes. In determining what residential uses are permitted in rural areas, it must first be remembered that growth is permitted in the rural area. RCW 36.70A.070(5), as amended by EHB 1305, permits "appropriate land uses that are compatible with the rural character of such lands and provide for a variety of rural densities and uses." The definition of "urban growth" enables one to distinguish between "growth" generally and "urban growth." Simply put, growth is urban growth if it: Makes intensive use of the land . . . to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. If growth does not make such intensive use of the land, then it is not urban growth. . . . . The Puget Sound Regional Council's 1994 Rural Workshop opined that: Rural lands primarily contain a mix of low-density residential development, agriculture, forests, open space and natural areas, as well as recreation uses. Counties, small towns, cities and activity areas provide limited public services to rural residents. Rural lands are integrally linked to and support resource lands. They buffer large resource areas and accommodate small-scale farming, forestry, and cottage industries as well as other natural-resource based activities. Vision 2020—1995 Update, at 27. The Board holds that the above description of rural land accurately describes the intensity and character of new residential activity and development that the Act permits in rural areas (i.e., land outside the UGA, excluding resource lands). The Board held above that a predominant pattern of 1- and 2.5-acre lots within the urban area would also constitute sprawl. The Board now holds that such a development pattern within the rural area would also constitute sprawl. Continuation of sprawl in either area violates the Act (see RCW 36.70A.020(2)). In addition, the Act requires a variety of rural densities within the rural area (see RCW 36.70A.070(5)) which will typically require a range from ten-, to 20-, 40- and 80-acre lot sizes. The Board is aware that there are many 1- and 2.5-acre parcels throughout the region. These can be shown on a current land use map and continue with whatever rights are guaranteed by state and local law, such as the vested rights doctrine and continued use under a legal nonconforming status. However, the county's future land use map and zoning regulations may not permit the future creation of such lot sizes. The Board now holds that, as a general rule, new 1- and 2.5-acre lots are prohibited as a residential development pattern in rural areas. ¶45 While the Supreme Court in Viking Properties v. Holm rejected the Boards' authority to adopt a " 'bright line' minimum [urban density] of four dwelling units per acre," it did not reject the approach the Boards have actually taken in evaluating proposed urban and rural densities in GMA plans. ¶46 On remand in this case, the Western Washington Growth Management Hearings Board is free to consider the range of densities and uses and the unique local conditions, as well as "general rules" the Boards have fashioned over the years, to evaluate Whatcom County's revised plan.