Responsible Agency's
Response to Notice of Preparation (NOP) Regarding the Contents of a Draft
EIR

What is the Response to a NOP?

  • A written reply specifying the scope and content of the environmental information in the EIR that the responsible agency needs to review.
  • Responses must be limited to environmental information within the responsible agency's area of statutory responsibility.
  • Responses must be specific and must relate directly to the project.
  • Meetings may also be requested to deretmine the scope and content of the EIR.

When Should a Response be Made?

  • Within 30 days after receipt of the NOP, although theresponding agency may request additional time.

What Information Should be Included in the Written Response?

  • Significant environmental issues, alternatives, and mitigation measures within the responsible agency's area of expertise.
  • Determination of whether the responding agency will be a responsible agency or a trustee agency.

What if the Responsible Agency Fails to Respond to the NOP?

  • The lead agency may assume that the reviewing agency has no response to make and may subsequently ignore later responses.
  • Failure to respond, however, does not prevent a responsible agency from raising issues during the EIR comment period.
SELECTED STATUTORY REFERENCES

Definition of Responsible Agency | Public Resources Code §21069
Notice of Preparation | Public Resources Code §21080.4

SELECTED GUIDELINES REFERENCES

Determination of Scope of EIR | 14 California Code of Regulations §15082
Response to NOP | 14 California Code of Regulations §15096
Time Limit for Response | 14 California Code of Regulations §15103
Definition of Responsible Agency | 14 California Code of Regulations §15381
Sample NOP | Appendix J

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