Lead Agency Adopts a Mitigation Monitoring and Reporting Program

When Must a Lead Agency Adopt Alternatives or Mitigation Measures?

  • When an EIR has been prepared, a lead agency shall not approve a project as proposed if the agency finds any feasible alternatives or mitigation measures within its power which would substantially lessen or avoid any significant effect the project would have on the environment.
  • Housing Development Exception: Lead agency shall not reduce proposed number of housing units if it determines that there is another feasible measure available which would provide a comparable level of mitigation.

When Must a Lead Agency Adopt a Mitigation Monitoring and Reporting Program?

  • When a lead agency approves findings pursuant to §21081 upon completion of a certified EIR.
  • When a lead agency adopts a mitigated negative declaration (MND) pursuant to §21080.

What is the Purpose of the Mitigation Monitoring and Reporting Program?

  • Monitoring and reporting shall be designed to ensure compliance with mitigation measures during project implementation.

How Can a Lead Agency Enforce Measures Which Mitigate or Avoid Significant Environmental Impacts?

  • Mitigation measures shall be enforced through permit conditions, agreements, or other measures.

May a Lead Agency Limit its Mitigation Monitoring and Reporting?

  • A lead agency must adopt a reporting or monitoring program for any mitigation measures imposed pursuant to its regulatory authority.

To What Extent Will a Lead Agency be Advised by a Responsible Agency Regarding Mitigation Measures?

  • Prior to the close of public review period for a draft EIR or MND the responsible agency shall either:
    • submit complete and detailed performance objectives for mitigation measures to the lead agency; or
    • refer the lead agency to available guidelines or reference documents

Must a Mitigation Monitoring and Reporting Program be Circulated with the Final EIR?

  • A mitigation monitoring and reporting program does not need to be included with the EIR as at times the findings which trigger the program are made after considering the final EIR.

Selected Statutory References

Selected Guidelines References

Selected Cases

  • Orinda Association v. Board of Supervisors (1986) 182 Cal.App.3d 1145: Court stated that no agency can approve a project for which significant effects have been identified without first adopting any and all feasible mitigation measures or feasible alternatives.