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
When does a state lead agency file NOD?
- After state lead agency approves a project for which an EIR or
negative declaration has been prepared, the state lead agency must file a
NOD with the Office of Planning and Research within 5 days.
- Notice of determination must be 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:
SELECTED STATUTORY REFERENCES
- 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.
SELECTED GUIDELINE REFERENCES
SELECTED CASE REFERENCES
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