CEQA Process Flowchart: Local Lead Agency Files NOD with County Clerk
Local Lead Agency Files
Notice of Determination (NOD) with County Clerk

What is a Lead Agency?

  • Where a project is to be carried out or approved by more than one public agency, the public agency responsible for preparing an EIR or negative declaration is the lead agency.

What is a Notice of Determination?

  • A brief notice to be filed by a public agency after it approves or determines to carry out a project subject to the requirements of CEQA.

Purpose of NOD:

  • Filing and posting of notice commences running of 30 day statute of limitations for legal challenges to the approval.
  • If NOD is not both filed and posted, a 180 day limitations period applies instead.

When does a local lead agency file NOD?

  • After local lead agency approves a project for which an EIR or negative declaration has been prepared, the local lead agency must file a NOD with the county clerk within 5 days.
  • If project requires discretionary approval from any state agency, a local lead agency must also file with Office of Planning and Research.
  • Notice of determination must be posted by clerk within 24 hours of receipt, remain posted for 30 days, and be sent to anyone previously requesting notice.
  • For information on the filing of a NOD by another agency go to the NOD Index Page.

Contents of NOD:

  • Name, locations, and brief description ofthe project.
  • Date of approval.
  • Local lead agency's conclusion on whether project as approved will have significant effects on the environment.
  • Findings regarding mitigation of significant environmental impacts, any statement of overriding considerations adopted, and any mitigation measures adopted uon which project approval is conditioned.
  • Statement that EIR or negative declaration was prepared and certified or adoped pursuant to CEQA.
  • Location where final EIR or negative declaration and record of project approval are available for review.
  • For information on the filing of a NOD by another agency go to the NOD Index Page.
SELECTED STATUTORY REFERENCES

SELECTED GUIDELINE REFERENCES

SELECTED CASE REFERENCES


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This file last modified on: Monday, July 6, 1998.
Document URL: http://resources.ca.gov/ceqa/flowchart/NODloclead.html
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