Why file a Notice of Exemption?
- If a NOE is filed, a shorter statute of limitations of 35 days commences for any challenge to the agency decision
- If a NOE is not filed, the normal 180 day statute of limitations will apply
When should a Notice of Exemption be filed?
- A NOE may be filed, but is not required, after a public agency decides that a project is exempt from CEQA and grants approval of the project
- There is no time limit for filing a NOE after approval of the project
Who files a Notice of Exemption?
- Either the lead agency or the applicant may file a NOE
Where should a Notice of Exemption be filed?
- If the lead agency is a state agency, the agency or the applicant must file with the Office of Planning & Research
- If the lead agency is a local agency, the agency or the applicant must file with the county clerk of the county in which the project will be located
Contents of a Notice of Exemption
A NOE must contain the following items:
- a brief project description
- a finding that the project is exempt from CEQA, including a citation to the relevant statute or guidelines section
- a brief statement of reasons to support the findings
- sample notice