CEQA FAQs

This page is a resource for Lead Agencies and stakeholders navigating CEQA requirements. It includes answers to common questions and references to relevant CEQA statutes and guidelines for further reading. For complex issues, consulting with experienced CEQA professionals or legal experts is recommended.

Contact Us
Learn More

CEQA FAQs

This page is a resource for Lead Agencies and stakeholders navigating CEQA requirements. It includes answers to common questions and references to relevant CEQA statutes and guidelines for further reading. For complex issues, consulting with experienced CEQA professionals or legal experts is recommended.

Contact Us
Learn More

Important Notice: The content provided here is a general overview of various CEQA requirements and does not encompass every potential detail on these subjects. For comprehensive guidance, users are encouraged to refer directly to the text of CEQA, as outlined in the Public Resources Code sections 21000–21189, and the State CEQA Guidelines in Title 14, Division 6, Chapter 3, Sections 15000–15387 of the California Code of Regulations.

FAQ Topic:

(click the topics below to jump to them)

Intro to CEQA

CEQA Exemptions

Negative Declarations and Mitigated Negative Declarations

Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration

Environmental Impact Reports

EIR Notice of Preparation

Draft EIR Notice of Availability

Final EIRs and Project Approval

Notice of Determination

California Department of Fish and Wildlife CEQA Filing Fee

Public Meetings

EIR Addendums

Subsequent EIRs and Negative Declarations

Supplemental EIRs

Intro to CEQA

CEQA became law in 1970 under Governor Ronald Reagan. It is California’s landmark environmental law, making environmental protection a mandatory part of public agencies’ land use decision-making process. Its purpose is to foster transparency and integrity in public decision-making, all while ensuring land use decisions and considering the full impacts of development on our natural and human environments. It is one of the most powerful environmental protection laws in the United States and was modeled after the federal National Environmental Policy Act (NEPA), which was enacted in 1969.

CEQA’s basic purposes include:

  • Informing governmental decision makers and the public about the potential environmental effects of proposed activities;
  • Identifying ways that environmental damage can be avoided, minimized, or reduced;
  • Preventing significant, avoidable environmental damage by requiring project changes, alternatives, or mitigation measures, when feasible;
  • Involving the public in the environmental review process through public meetings, hearings, and comments; and
  • Disclosing to the public the potential impacts of a proposed project, as well as the reasons why a project was approved when significant environmental effects are involved.

Transparency is the key to an effective CEQA process.

CEQA applies to projects undertaken, funded, or requiring issuance of a permit by a public agency. The analysis of a project required by CEQA usually takes the form of an Environmental Impact Report (EIR), Negative Declaration (ND), or Mitigated Negative Declaration (MND).

The laws and rules governing the CEQA process are contained in the CEQA statute (PRC § 21000 et seq), the CEQA Guidelines (CCR Title 14, § 15000 et seq), published court decisions interpreting CEQA, and locally adopted CEQA procedures.

The California Environmental Quality Act (CEQA) is a process used to identify, disclose, and, where feasible, reduce the environmental impacts of projects requiring discretionary approval by a public agency.

The Lead Agency determines the appropriate level of review:

  • Negative Declaration (ND)

  • Mitigated Negative Declaration (MND)

  • Environmental Impact Report (EIR)

CEQA documents describe the project, potential environmental impacts, consistency with applicable plans and regulations, and measures to avoid or reduce impacts. The process includes public involvement during scoping, formal comment periods, and public hearings.

A project may be challenged in court if CEQA procedures are not properly followed, but only on issues raised during the public review. Litigation can lead to additional mitigation, revised documentation, or adoption of a statement of overriding considerations.

CEQA applies to projects that require discretionary approval by a public agency and have the potential to cause a physical change in the environment, either directly or indirectly.

Specifically, CEQA applies to:

  • Public agency projects (e.g., infrastructure, capital improvements),

  • Privately initiated projects that require permits, approvals, or funding from a public agency,

  • Activities involving land use changes, such as rezonings, subdivisions, or general plan amendments,

  • Construction or development that may impact environmental resources such as air, water, noise, traffic, biological resources, or cultural resources.

Projects that are purely ministerial (e.g., building permits issued without agency discretion), categorically exempt, or statutorily exempt may not require CEQA review.

Agencies must evaluate whether CEQA applies at the earliest possible stage in the approval process.

A Lead Agency is a public agency that has the primary responsibility for carrying out or approving a project. The Lead Agency is responsible for determining whether its approval is subject to CEQA environmental review and the appropriate type of environmental document to prepare; for instance, an ND, MND, or EIR may need to be prepared.

A Responsible Agency is a State or local agency, other than the Lead Agency, that needs to issue a discretionary approval in order for a project to be implemented.

A Trustee Agency is a State agency with jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. For example, the CDFW is a Trustee Agency to protect fish and wildlife impacted by a project.

No. CEQA only applies to projects that require discretionary approval from a public agency and have the potential to cause a physical change in the environment.

Projects may be exempt from CEQA under two main categories:

  • Statutory Exemptions — Established by the Legislature, these apply regardless of potential environmental impacts (e.g., certain emergency repairs, some transit projects).

  • Categorical Exemptions — Apply to classes of projects that are generally considered not to have significant environmental effects (e.g., small infill developments, minor alterations). However, these do not apply if there are unusual circumstances indicating the project could have a significant impact.

If a project is ministerial, clearly exempt, or does not involve a physical environmental change, CEQA review may not required.

The CEQA Guidelines are the regulations that explain and implement provisions of CEQA. Refer to CCR., Title 14, § 15000 et seq.

A project is exempt from CEQA if by statute, if considered ministerial or categorical, or if it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (general rule exemption). Statutory Exemptions are those granted by the Legislature, and the complete list of Statutory Exemptions can be found in the CEQA Guidelines, Article 18. Projects are ministerial when a local agency decision involves no discretion by a public official as to the merit of carrying out the project, such as a building permit.

A Categorical Exemption is based on a finding by the Secretary for Resources that the class of projects does not have a significant effect on the environment. The list of categorical projects can be found in the CEQA Guidelines, Article 19.

To Top

CEQA Exemptions

CEQA and the CEQA guidelines exempt certain classes of projects from CEQA review. A project exempt from CEQA does not require an Initial Study, ND, MND, or EIR.
There are two primary types of exemptions:
  • First, Statutory Exemptions apply to projects that the California Legislature has excluded from CEQA consideration, regardless of environmental impacts.
  • Second, the Lead Agency commonly considers the ongoing project an exemption (Pub. Resources Code, §§ 21169, 21171; Cal. Code Regs., tit. 14, § 15261).

Categorical Exemptions identify specific classes of projects that are exempt from review under CEQA, based on a finding by the Secretary of Resources that these classes of projects do not have a significant effect on the environment. (CEQA Guidelines § 15354)

There are 33 classes of Categorical Exemptions that are described in §§ 15300 – 15332 of the CEQA Guidelines, including:

  • Article 12.5 – Agricultural and Affordable Housing and Residential Infill;
  • Article 17 – Certified State Regulatory Programs;
  • Article 18 – Statutory Exemptions;
  • General Rule or Common-Sense Exemption (15061[b][3]);
  • Miscellaneous “Exemptions” (not always obvious); and
  • Article 19 – Categorical Exemptions (33 “classes”).

CEQA only applies if there is potential for causing a significant effect on the environment. If there is no possibility of significant effect, then the Project is not subject to CEQA

Examples of projects that may meet Categorial Exemption requirements include:

  • Existing Facilities;
  • Replacement/Reconstruction;
  • Small/Accessory Structures;
  • Minor Alterations to Land or Land Use;
  • Actions by Regulatory Agencies for Natural Resource Protection Loans;
  • Surplus Government Property Sales;
  • Land Acquisitions for Wildlife Conservation;
  • Minor Additions to Schools;
  • Minor Land Divisions; and
  • Ownership Transfers.

There are exceptions to applying Categorical Exemptions, as noted at CCR, Title 14 § 15300.2, that the Lead Agency must consider. They relate to:

  • Project location in a particularly sensitive environment or hazardous waste site;
  • Cumulative impacts;
  • Significant effects due to unusual circumstances;
  • Damage to scenic highways; and
  • Impacts to historical resources.

Statutory Exemptions are exemptions from CEQA review that have been granted by the California Legislature. Some exempt entire projects from CEQA, while others exempt only specific aspects of the process. These exemptions are outlined in CEQA Guidelines §§ 15260–15285.

Typical projects may include:

  • Ongoing Projects;
  • Feasibility and Planning Studies;
  • Discharge Requirements;
  • Adoption of Coastal Plans and Programs;
  • General Plan Time Extension;
  • Ministerial Projects;
  • Emergency Projects;
  • Pipelines (Repair and Maintenance);
  • Early Activities Related to Thermal Power Plants;
  • Olympic Games;
  • Specified Mass Transit Projects;
  • State and Regional Transportation Improvement Programs;
  • Application of Coatings; and
  • Air Quality Permits.

Projects qualifying for a Statutory Exemption are generally not subject to CEQA, regardless of environmental impacts. While not required, a lead agency may file a Notice of Exemption (NOE) after project approval to document the exemption (see CEQA Guidelines § 15062).

After determining that an activity qualifies as a “project” under CEQA, the Lead Agency evaluates whether the project is exempt from environmental review.

A project may be exempt from CEQA if it:

  • Is exempt by statute;

  • Falls under a Categorical Exemption and is not disqualified by an exception under CEQA Guidelines § 15300.2;

  • Is subject to the general rule that CEQA only applies to projects with the potential to cause a significant environmental impact;

  • Will be rejected or disapproved by the agency; or

  • Qualifies for a specific exemption under Article 12.5 of the CEQA Guidelines (§§ 15191–15196), which includes exemptions for agricultural housing, affordable housing, and residential infill projects.

This determination is guided by CEQA Guidelines § 15061.

When a Lead Agency determines that a project is exempt from CEQA, it may file a Notice of Exemption (NOE) to document that finding.

An NOE must include the following:

  • A brief description of the project;

  • The project location, identified by street address, cross streets, or a map;

  • A statement that the project is exempt from CEQA, including a citation to the applicable section of the CEQA Guidelines or statute;

  • A short explanation supporting the exemption finding; and

  • The name of the project applicant, if applicable.

A sample NOE form is included in Appendix E of the State CEQA Guidelines. (CEQA Guidelines § 15062)

After project approval, filing requirements for a Notice of Exemption (NOE) depend on the Lead Agency:

  • A State Lead Agency must file the NOE with the Office of Planning and Research (OPR);

  • A local Lead Agency must file the NOE with the county clerk in the county where the project is located; and

  • If the project is located in multiple counties, the NOE must be filed with the clerk of each affected county.

County clerks may charge a filing fee. Agencies are also encouraged to post NOEs online.

A project applicant may file an NOE if permitted, subject to the conditions in CEQA Guidelines § 15062(c)(4).

Filing an NOE triggers a 35-day statute of limitations for legal challenges related to the exemption determination. If no NOE is filed, the default challenge period is 180 days. (CEQA Guidelines § 15062)

When a project qualifies for a Categorical Exemption, it may still be subject to exceptions under CEQA Guidelines § 15300.2.

A Categorical Exemption cannot be used when a project:

  • Is located in a sensitive environment, particularly for projects under Exemption Classes 3, 4, 5, 6, or 11;

  • May affect an environmental resource of hazardous or critical concern that has been precisely mapped and officially designated by federal, State, or local agencies;

  • Would contribute to the cumulative impact of similar projects in the same area, resulting in a significant environmental effect;

  • Has unusual circumstances that create a reasonable possibility of a significant environmental impact;

  • May cause damage to scenic resources within a highway officially designated as a State Scenic Highway (unless the effect is from mitigation adopted in an MND or EIR);

  • Is located on a hazardous waste site listed under Government Code § 65962.5; and

  • May result in a substantial adverse change to the significance of a historical resource.

These exceptions must be reviewed before relying on a Categorical Exemption.

A CEQA project description is a clear and concise narrative statement that a project applicant submits with the discretionary project application describing the proposed project. The project description must capture the whole of the action that could result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

A well-written CEQA project description is important for two key reasons. First, it is the starting point for the Lead Agency’s CEQA review, which includes identifying potential environmental impacts and determining the appropriate level of environmental analysis (exemption, ND, MND, or EIR). Second, any Responsible Agency that grants subsequent approval for the project would use the project description in determining whether to rely on any ND, MND, or EIR that has been approved or certified.

The basic elements of a project description typically include:

  • Project name;
  • Operator name;
  • Project proposal;
  • Project location;
  • Environmental setting;
  • Any local and federal agency requirements (e.g., permits or other approvals necessary to implement the proposed project); and
  • Aerial photos/maps.
To Top

Negative Declarations and Mitigated Negative Declarations

An Initial Study (IS) is a preliminary analysis prepared by the Lead Agency to determine whether an EIR or an ND must be prepared, or alternatively, to identify the significant environmental effects to be analyzed in an EIR.

An ND or MND describes a proposed project and why it will not have a significant effect on the environment. An ND is appropriate when an Initial Study finds that the proposed project will not have a significant environmental effect. An MND is appropriate when the Initial Study identifies one or more potentially significant effects on the environment that can be avoided or mitigated to a less-than-significant level through project revisions or implementation of identified mitigation measures. The project applicant must agree to the project revisions or mitigation that reduce or avoid the effects.

An ND is a written statement by the Lead Agency briefly describing the reasons why a proposed project, not exempt from CEQA, will not have a significant effect on the environment and, therefore, does not require the preparation of an EIR. (CEQA Guidelines § 15371).

A Lead Agency uses an IS to determine whether a proposed project may have a significant effect on the environment and whether to prepare an ND, MND, or EIR. An IS must reflect the Lead Agency’s careful and independent judgment. An IS is not necessary if CEQA clearly requires an EIR but could still help in understanding potential environmental impacts.

An IS must consider all phases of project planning, implementation, and operation and be based on scientific and factual data. Applicants should complete the “Appendix G: Environmental Checklist Form,” or an equivalent form recommended and or required by the Lead Agency, as well as “Appendix H: Environmental Information Form” of the CEQA Guidelines, when preparing an Initial Study. The Checklist considers several environmental factors, such as agriculture and forestry resources, air quality, biological resources, cultural resources, and energy. For each factor, the Initial Study must identify the significance of the potential environmental impacts and feasible mitigation to avoid or lessen them. The Form gathers information about the proposed project, including its location, size, proposed use, associated permits, and potential environmental impacts.

The public has an opportunity to comment on the Initial Study when it is circulated for public review, along with the draft ND, MND, and EIR for the proposed project.

A Mitigated ND (MND) is an ND prepared for a project when the Initial Study has identified potentially significant effects on the environment, but: (1) revisions in the project plans or proposals made by, or agreed to by, the applicant, before the proposed MND and Initial Study, are released for public review, and would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (2) there is no substantial evidence in light of the whole of the record before the Lead Agency that the project, as revised, may have a significant effect on the environment.

A MND circulated for public review must include:

  • A brief description of the project;
  • Location of the project;
  • Name of the project proponent;
  • A proposed finding that the project will not have a significant effect on the environment; and
  • An attached copy of the Initial Study documenting reasons to support the finding.

(CEQA Guidelines §§ 15369.5 and 15071)

When a project may have no significant environmental impacts or those impacts can be reduced to a less-than-significant level with mitigation, a Negative Declaration (ND) or Mitigated Negative Declaration (MND) may be prepared. The required steps are summarized below, consistent with CEQA Guidelines §§ 15070–15075:

  • Prepare an Initial Study to assess potential environmental impacts of the project;

  • If the Initial Study finds no significant impacts, or that impacts can be mitigated to a less-than-significant level, prepare an ND or MND;

  • Prepare and distribute/post a Notice of Intent (NOI) to adopt the ND or MND (§ 15072);

  • Accept comments on the draft ND or MND for at least 20 days, or 30 days if the document is submitted to the State Clearinghouse (§ 15073);

  • Before taking action to approve the project, Lead Agency decision-makers consider all comments and determine whether to adopt the ND or MND (§ 15074[b]);

  • If an MND is adopted and the project is approved, adopt a mitigation monitoring or reporting program; and

  • File a Notice of Determination within five days of project approval and pay the applicable CDFW CEQA filing fee.

When a proposed Negative Declaration (ND) or Mitigated Negative Declaration (MND) is circulated, the public review period must be at least 20 days. If the document is submitted to the State Clearinghouse for State agency review, the public review period is typically 30 days, consistent with the review timeline established by the Clearinghouse. (CEQA Guidelines § 15073; Public Resources Code § 21091)

Formal written responses to comments on a proposed Negative Declaration (ND) or Mitigated Negative Declaration (MND) are not required. However, the Lead Agency is required to consider all comments received during the public review period when deciding whether to approve the project.

The Lead Agency must also notify in writing any public agency that submitted comments of the time and place of any public hearing on the project.

(Public Resources Code § 21091(d)(1); CEQA Guidelines §§ 15074[b], 15073[e], and 21092.5)

No.

Yes. When a Mitigated Negative Declaration (MND) is adopted, the Lead Agency must also adopt a Mitigation Monitoring or Reporting Program (MMRP). The MMRP documents how mitigation measures adopted as conditions of project approval will be implemented and verified, ensuring that significant environmental effects are mitigated as intended. (Public Resources Code § 21083; CEQA Guidelines § 15074[d])

Significant effect on the environment means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the Lead Agency involved, based to the extent possible on scientific and factual data. The Lead Agency shall consider direct physical changes in the environment and reasonably foreseeable indirect physical changes in the environment, which may be caused by the project.

To Top

Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration

A Notice of Intent to Adopt a Negative Declaration (ND) or Mitigated Negative Declaration (MND) is a formal notice issued by the Lead Agency stating that an Initial Study has been completed and, based on the whole record, the proposed project would not result in a significant impact on the environment. As such, the Lead Agency proposes to adopt an ND or MND if the project is approved by decision makers. (CEQA Guidelines §§ 15070 and 15072)

A Notice of Intent to Adopt a Negative Declaration (ND) or Mitigated Negative Declaration (MND) is a formal notice issued by the Lead Agency stating that an Initial Study has been completed and, based on the whole record, the proposed project would not result in a significant impact on the environment. As such, the Lead Agency proposes to adopt an ND or MND if the project is approved by decision makers. (CEQA Guidelines §§ 15070 and 15072)

The Notice of Intent (NOI) to adopt a Negative Declaration (ND) or Mitigated Negative Declaration (MND) must be:

  • Posted for at least 20 days in the office of the county clerk of each county where the project is located;
  • Posted for at least 30 days if the ND or MND is submitted to the State Clearinghouse;
  • Provided to any person who has submitted a written request for notification; and
  • Distributed, along with the Initial Study and proposed ND or MND, to all Responsible and Trustee Agencies, and any public agency with jurisdiction over resources affected by the project.

For projects with statewide, regional, or area-wide significance, the Lead Agency must also consult with regional transportation planning agencies and any public agencies that own or operate potentially affected transportation facilities.

Note: A filing fee may be required by the county clerk’s office.

(PRC §§ 21092 and 21092.4; CEQA Guidelines § 15073)

To Top

Environmental Impact Reports

An EIR is a detailed document that analyzes: (1) the significant environmental effects of a proposed project; (2) mitigation measures to avoid or lessen the effects; and (3) alternatives to the proposed project.

In addition, an EIR is typically prepared when an Initial Study finds that a proposed project has the potential to create significant effects on the environment and one or more of the effects is significant and unavoidable even with mitigation.

Preparation of an Environmental Impact Report (EIR) is required when the Lead Agency determines, based on a preliminary review (CEQA Guidelines § 15060) or completion of an Initial Study (CEQA Guidelines § 15063), that a proposed project may result in one or more significant impacts on the environment.

This determination must be supported by substantial evidence, considered in light of the whole record before the Lead Agency. (CEQA Guidelines § 15064)

The required contents of a Draft Environmental Impact Report (EIR) are outlined in CEQA Guidelines §§ 15120–15131. The Draft EIR provides detailed information to assess a project’s environmental impacts, potential mitigation, and alternatives.

Summary and Key Issues

The Draft EIR must identify each significant environmental impact and propose mitigation measures or alternatives to reduce or avoid those impacts. It should discuss known areas of controversy, including concerns raised by agencies and the public, and clearly outline key issues to be resolved. (CEQA Guidelines § 15123)

Project Description and Intended Uses

The project description must include:

  • Precise location and boundaries shown on a detailed map;

  • Regional location on a broader map;

  • Statement of project objectives and underlying purpose; and

  • General description of project features.

The EIR should also state its intended uses, including agencies that will use it in decision making, permits required, and related environmental reviews under other laws. (CEQA Guidelines § 15124)

Environmental Setting and Impact Analysis

The environmental setting describes the physical conditions in the project area at the time the Notice of Preparation (NOP) is published. The Draft EIR then evaluates:

  • Significant environmental effects;

  • Impacts that cannot be avoided;

  • Irreversible environmental changes for certain projects;

  • Growth-inducing impacts; and

  • Proposed mitigation measures. (CEQA Guidelines §§ 15125, 15126, 15127)

Alternatives Analysis

A reasonable range of feasible alternatives must be evaluated to:

  • Achieve most of the project objectives;

  • Avoid or reduce significant impacts;

  • Include the “No Project” alternative; and

  • Identify the environmentally superior alternative.

Alternatives considered but rejected must be identified with reasons for elimination. (CEQA Guidelines §§ 15126.6)

Additional Sections

The Draft EIR also includes:

  • Discussion of cumulative impacts;

  • Effects not found to be significant; and

  • Persons and organizations consulted during preparation. (CEQA Guidelines §§ 15128, 15129, 15130)

While these components are required, the organization of a Draft EIR may vary as long as all content is included.

The use of significance thresholds is not mandatory under CEQA. However, Lead Agencies are encouraged to develop thresholds or other criteria to help consistently determine whether project impacts are significant. (CEQA Guidelines § 15064.7)

A summary of the steps in the EIR process is presented below:

  • Prepare and distribute an NOP;
  • Solicit comments on the scope of the EIR for not less than 30 days and conduct a scoping meeting;
  • Prepare and publish a Draft EIR;
  • File a NOC with the SCH and publish/distribute a NOIA for the Draft EIR;
  • Accept comments on the Draft EIR for not less than 45 days; and
  • Prepare and publish a Final EIR.

The Final EIR must include responses to comments received on the Draft EIR during the public review period.

In addition, the EIR must provide responses to public agency comments at least 10 days prior to project approval.

Lead Agency decision makers consider the information in the EIR and decide whether to certify the Final EIR prior to taking action to approve the project.

At the time the project is approved, the Lead Agency decision makers adopt CEQA findings and a statement of overriding considerations (if needed).

If the project is approved, the Lead Agency decision makers also adopt a mitigation monitoring or reporting program.

The Lead Agency pays the CDFW CEQA fee and files a NOD within 5 days of project approval.

Also, the Lead Agency files a copy of the Final EIR with the local planning agency of any city or county where significant impacts would occur.

The applicant provides a copy of the Final EIR to each Responsible Agency.

For a full description of the required steps in preparing and certifying an EIR, see PRC § 21092.5, CEQA Guidelines §§ 15080 through 15097 and Fish & Game Code § 711.4.

The time to complete the CEQA review for a proposed project depends on the project activities involved and the CEQA program having complete and accurate information submitted by the project applicant. Other factors include tribal consultation, Lead Agency staffing and workload, coordination with other agencies, and any changes to existing law.

CEQA requires a Lead Agency to consult with Tribes, when a project is not exempt from CEQA, to address potential impacts to tribal cultural resources. The tribal consultation period is generally 90 days. If a Tribe expresses interest in a project, the time it takes to complete tribal consultation process may be longer than 90 days.

To Top

EIR Notice of Preparation

The Notice of Preparation (NOP) is a formal document that announces the Lead Agency’s decision to prepare an Environmental Impact Report (EIR) for a specific project. It marks the first step in the EIR process and must be issued promptly after determining that an EIR is required.

The Notice of Preparation (NOP) should be sent to:

  • The Office of Planning and Research (State Clearinghouse);
  • Each Responsible Agency;
  • Each federal agency involved in approving or funding the project; and
  • Each Trustee Agency responsible for natural resources affected by the project.

The NOP shall be sent via certified mail or any other method of transmittal that provides it with a record that the notice was received. (CEQA Guidelines § 15082[b])

The minimum content requirements for a NOP are:

  • Description of the project;
  • Location of the project, indicated on an attached map;
  • Salient environmental issues;
  • Probable environmental effects of the project; and
  • A copy of the Initial Study, which may be sent with the notice to supply the necessary information.

The above is based on CEQA Guidelines § 15082; PRC § 21080.4.

To Top

Draft EIR Notice of Availability

A Notice of Availability (NOA) provides public notice that a Draft Environmental Impact Report (EIR) is available for public review. The Lead Agency must issue the NOA at the same time it submits the Notice of Completion (NOC) to the Office of Planning and Research. (CEQA Guidelines § 15087)

The minimum requirements for distribution and posting of the Notice of Availability include:

  • Notice must be filed for posting with the County Clerk of the county in which the project is to be located. (PRC § 21092.3 and CEQA Guidelines § 15087 [d])
  • The Notice of Availability shall be posted for a period of 30 days in the office of the county clerk in which the project will be located.
  • PRC § 21092.2 requires Notice of Availability of a Draft EIR to be mailed to any person who has filed a written request for notification with the Lead Agency.

In addition, the notice must follow at least one of the following procedures:

  • Be published at least one time by the public agency in a newspaper of general circulation in the area affected by the proposed project;
  • Be posted by the public agency, on and off the site, in the area where the project is to be located; or
  • Direct mailing to the owners and occupants of property contiguous to the parcel or parcels on which the project is located. Owners of such property shall be identified from the latest equalized assessment roll.

No, but it is a good practice to verify that the notices will be sent to valid addresses and that all addresses for recipients are up-to-date.

The Notice of Availability for a Draft EIR typically includes:

  • A brief description of the proposed project and its location;

  • The start and end dates for the public review period, along with a note if the review period is shortened;

  • The date, time, and location of any public meetings or hearings scheduled by the Lead Agency, if known at the time of notice;

  • A list of anticipated significant environmental effects, to the extent known at the time of notice;

  • The address where the Draft EIR and referenced documents are available for public review during regular business hours; and

  • A statement regarding whether the project site is listed under Government Code § 65962.5, along with any required Hazardous Waste and Substances Statement.

(CEQA Guidelines § 15087)

To Top

Final EIRs and Project Approval

Under CEQA Guidelines § 15132, a Final EIR generally includes the following components:

  • The Draft EIR, or a revision of the Draft;

  • Comments and recommendations received on the Draft EIR, either verbatim or in summary;

  • A list of persons, organizations, and public agencies that commented on the Draft EIR;

  • The responses of the Lead Agency to significant environmental points raised in the review and consultation process; and

  • Any other information added by the Lead Agency.

CEQA does not require a specific public notice solely for the publication of a Final EIR. However, the potential certification of a Final EIR is generally included in the public hearing notice issued for the discretionary action(s) necessary to approve the project.

Under Public Resources Code § 21092.5, written responses to comments submitted by public agencies must be provided to those agencies at least 10 days prior to Final EIR certification. This requirement may be met by supplying a copy of the Final EIR that includes the Lead Agency’s responses to public agency comments on the Draft EIR.

Certification refers to the formal action taken by the Lead Agency’s decision makers affirming that the Final EIR has been completed in compliance with the requirements of CEQA. This action confirms that the decision makers have reviewed and considered the information contained in the Final EIR prior to approving the project. (CEQA Guidelines § 15090)

A Lead Agency must certify the Final EIR before approving the project for which the EIR was prepared. Certification is not required if the agency decides to deny the project. (CEQA Guidelines § 15090)

After considering the Final EIR, the Lead Agency may approve or carry out the project. Approval may proceed even if the project would cause significant environmental impacts, provided that:

  • The Lead Agency finds there are no feasible measures to avoid or reduce those impacts, consistent with CEQA Guidelines § 15091; and

  • The benefits of the project outweigh the unavoidable environmental impacts, as supported by a statement of overriding considerations in accordance with CEQA Guidelines § 15093.

The Final EIR is certified by the decision makers of the Lead Agency before they take any action to approve the proposed project.

No. While the Final EIR must be certified before the Lead Agency approves the project, certification is not required to occur during a public hearing. No. While the Final EIR must be certified before the Lead Agency approves the project, certification is not required to occur during a public hearing.

No. However, providing a copy to the State Clearinghouse (SCH) for informational purposes is recommended. (CEQA Guidelines § 15090)

No. However, if the Lead Agency does not select the environmentally superior alternative, its rationale should be explained in the findings prepared for project approval. (CEQA Guidelines § 15091[a])

Yes. A project with significant and unavoidable environmental impacts may still be approved if the Lead Agency prepares a written statement of overriding considerations explaining why the benefits of the project outweigh those impacts.

This statement must:

  • Be in writing;

  • Provide specific reasons for approval, supported by the Final EIR or other substantial evidence in the record; and

  • Be referenced in the Notice of Determination (NOD).

(CEQA Guidelines § 15093)

To Top

Notice of Determination

A Notice of Determination (NOD) is a brief notice filed by a public agency after it approves or decides to carry out a project subject to CEQA requirements.

Yes. A Notice of Determination (NOD) is required after a Negative Declaration (ND) or Mitigated Negative Declaration (MND) is approved.

The NOD should include:

  • The project title, location, and State Clearinghouse (SCH) number (if applicable);

  • A brief description of the project;

  • The names of the agency and the applicant;

  • The date the project was approved;

  • A statement that the project will not result in a significant effect on the environment;

  • Confirmation that an ND, MND, or EIR was adopted or certified in compliance with CEQA;

  • A statement regarding whether mitigation measures were made a condition of approval, and whether a Mitigation Monitoring or Reporting Program was adopted (for MNDs and EIRs);

  • An indication of whether CEQA findings were made under § 15091 (for EIRs);

  • An indication of whether a statement of overriding considerations was adopted (for EIRs); and

  • The address where the ND, MND, or EIR can be reviewed.

(See CEQA Guidelines §§ 15075[b] and 15094[b])

A local agency must file a Notice of Determination (NOD) with the county clerk within five working days of approving or deciding to carry out a project. (See PRC § 21152 and CEQA Guidelines § 15075)

If the project also requires discretionary approval from a State agency, the NOD must additionally be filed with the Office of Planning and Research. (See CEQA Guidelines § 15075[d])

The NOD must be filed with the county clerk, who will post it within 24 hours, keep it posted for 30 days, and then certify its posting to the Lead Agency.
(See PRC § 21152 and CEQA Guidelines § 15075)

If the project requires State discretionary approval, the NOD must also be filed with the Office of Planning and Research.
(CEQA Guidelines § 15075[d])

State agencies must file the NOD directly with the Office of Planning and Research.
(See PRC § 21108 and CEQA Guidelines § 15075[c])

Note: Filing fees may apply, and a CEQA fee to CDFW is required if impacts to fish or wildlife are identified.
More info

To Top

California Department of Fish and Wildlife CEQA Filing Fee

The Lead Agency or project proponent is responsible for paying a CDFW filing fee for all Negative Declarations (NDs), Mitigated Negative Declarations (MNDs), and Environmental Impact Reports (EIRs). This fee helps cover CDFW’s costs for reviewing environmental documents, consulting with agencies, recommending mitigation, and developing monitoring programs.

The fees vary by document type and are updated annually. As of January 1, 2024:

  • ND/MND fee: $2,916.75

  • EIR fee: $4,051.25

More information is available at CDFW CEQA Fees.

The CDFW filing fee is due when the Notice of Determination (NOD) is filed.

  • For local agencies: The fee is paid to the county clerk where the project is located. Payment methods may vary by county, so it’s best to check directly with the clerk’s office.

  • For State agencies: The fee is submitted to the State Clearinghouse, which will not post the NOD until the fee is received.

More details are available at State Clearinghouse FAQ.

Yes. The filing fee may be waived if the California Department of Fish and Wildlife (CDFW) issues a No Effect Determination (NED) stating the project will not affect fish or wildlife.

To qualify, the project must:

  • Not harm or disturb wildlife;

  • Not modify or disturb habitat;

  • Not remove vegetation that could support wildlife;

  • Not introduce noise, light, dust, or pollution that could impact wildlife; and

  • Not interfere with wildlife movement.

To request a NED, the Lead Agency must submit a NED Request Form and the CEQA document to CDFW, ideally when the CEQA document is released for public review.

If CDFW issues a written NED, the agency can file it with the county clerk or State Clearinghouse in place of the fee. (Note: local clerks may still charge a processing fee.)

More info: CDFW CEQA Fees

To Top

Public Meetings

A scoping meeting is required when an EIR is being prepared for a project with statewide, regional, or area-wide significance (per CEQA Guidelines § 15206).

The Lead Agency must notify:

  • Neighboring cities or counties (unless waived by agreement);
  • Responsible and public agencies with jurisdiction;
  • Anyone who has requested notice.

If a scoping meeting is requested by a Responsible Agency, Trustee Agency, OPR, or the project applicant, it must be held within 30 days.

Also, if requested by Caltrans, a scoping meeting is required for projects that may affect transportation facilities. (PRC § 21083.9; CEQA Guidelines § 15082)

No.

Not required, but some Lead Agencies choose to hold them during the review period.

 

No, though Final EIRs are often certified at public hearings or meetings.

 

Not required, but NDs and MNDs are usually adopted during a public meeting or hearing.

 

To Top

EIR Addendums

An addendum may be prepared when only minor changes or additions are needed, and those changes do not meet the conditions that require a Subsequent EIR under CEQA Guidelines § 15162.

No. An addendum to a certified Final EIR does not require public notice or circulation.

No. Addendums apply only to previously certified Final EIRs.

To Top

Subsequent EIRs and Negative Declarations

A Subsequent Environmental Impact Report (EIR) or Negative Declaration (ND) is prepared when a previously certified EIR or adopted ND/Mitigated Negative Declaration (MND) no longer adequately covers a project—typically due to project changes, new circumstances, or new information. (CEQA Guidelines § 15162)

Additional CEQA review is needed if a new or modified discretionary action involves significant environmental impacts not previously analyzed or increases the severity of known impacts.

A Subsequent EIR or ND may be required if any of the following occur:

  • The project is substantially changed, resulting in new or more severe significant impacts.
  • Conditions surrounding the project have changed in a way that introduces new or more severe impacts.
  • New information emerges showing:
    1. New significant impacts not previously analyzed.
    2. Previously known impacts would be substantially more severe.
    3. Previously infeasible mitigation measures or alternatives are now feasible but not adopted.
    4. New feasible mitigation measures or alternatives not previously considered are available but not adopted.

(CEQA Guidelines § 15162[a])

Once a project is approved, new information alone doesn’t trigger additional review—unless another discretionary approval is needed. In that case, the agency issuing the new approval must determine if a Subsequent EIR or ND is warranted under CEQA Guidelines § 15162(c).

A Subsequent EIR or ND follows the same public review and noticing procedures as the original document (see CEQA Guidelines §§ 15087 and 15072). The document must also reference where the original CEQA document can be reviewed. (CEQA Guidelines § 15162[d])

To Top

Supplemental EIRs

A Lead or Responsible Agency may prepare a Supplement to a previously certified EIR instead of a full Subsequent EIR if updates are needed under CEQA Guidelines § 15162, but only minor changes or additions are required to make the original EIR adequate for the revised project. (CEQA Guidelines § 15163[a])
The supplement only needs to include the new or updated information necessary to address the project modifications. (CEQA Guidelines § 15163[b])

A Supplement to an EIR follows the same public notice and review requirements as a standard Draft EIR (see CEQA Guidelines § 15087). The supplement can be circulated on its own without needing to recirculate the full previous Draft or Final EIR. (CEQA Guidelines § 15163[c])

To Top
Skip to content