State Responsible Agency
Files Notice of Determination (NOD) with Office of Planning and Research

What is a Responsible Agency?

  • A public agency other than the lead agency which has discretionary approval over the project.

What is a NOD?

  • 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 the NOD:

  • To state that the responsible agency has considered the EIR or negative declaration as prepared by a lead agency with respect to its discretionary approval power over the project.

When Does State Responsible Agency File NOD?

  • After state responsible agency decides to approve or carry out part of a project for which an EIR or negative declaration has previously been prepared by the lead agency, the responsible agency should file a notice of determination with the Office of Planning and Research.
  • For information on the filing of a NOD by another agency go to the NOD Index Page.

Contents of NOD:

  • Name, location, and brief description of the project.
  • Date of approval.
  • State responsible agency's conclusions on significant effects of the project.
  • Findings regarding mitigation of significant environmental impacts, any statement of overriding considerations adopted, and any mitigation measures adopted upon which project approval is conditioned.
  • Statement that EIR of negative declaration was "considered" in the project approval.
  • Location where final EIR or negative declaration and record of project approval are available for review.

SELECTED STATUTORY REFERENCES

SELECTED GUIDELINES REFERENCES

SELECTED CASES


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