CEQA exemption: which one fits your project, and how to file it
A project skips CEQA's environmental review when one of three exemptions covers it: a statutory exemption written by the Legislature, a categorical exemption from the 33 classes in CEQA Guidelines §§15301–15333 that no §15300.2 exception rules out, or the common sense exemption in §15061(b)(3). The lead agency decides. Filing a Notice of Exemption cuts the time to sue from 180 days to 35.
Find yours in five questions
- Is it a CEQA project at all? CEQA covers discretionary approvals by California public agencies (Public Resources Code §21080(a)). A ministerial permit, where staff only check fixed standards, is outside it (§21080(b)(1); Guidelines §15268). Accessory dwelling unit permits are approved ministerially by state law (Gov. Code §66317(a)(1)). From January 1, 2027, data center entitlements need CEQA review even where they would be ministerial (PRC §21080.08, SB 887).
- Does a statutory exemption fit? Look in Guidelines Article 18 (§§15260–15285) and the newer statutes, such as §21080.66 for infill housing (AB 130, 2025). The §15300.2 exceptions don't apply to statutory exemptions. See the statutory exemptions list and the AB 130 checklist.
- Does a categorical class fit? Each class has its own conditions. The most used are Class 1, existing facilities, Class 3, small new structures and Class 32, infill. All 33 are in the table below.
- Does an exception rule it out? Six exceptions in §15300.2 can cancel a categorical exemption: a mapped sensitive location, cumulative impact, unusual circumstances, a state scenic highway, a hazardous-waste (Cortese) list site and historical resources. See the exceptions.
- Can it be seen with certainty that there is no possibility of a significant effect? Then the common sense exemption may fit, but the agency carries the burden of showing it.
If nothing fits, the next step is an Initial Study, which leads to a Negative Declaration, a Mitigated Negative Declaration or an EIR: what that adds in time and fees. A project consistent with a plan that already had an EIR may use §15183 streamlining instead.
Statutory, categorical or common sense
| Statutory | Categorical | Common sense | |
|---|---|---|---|
| Who made it | The Legislature, in the Public Resources Code | The Natural Resources Agency, under PRC §21084, as Guidelines §§15301–15333 | Guidelines §15061(b)(3): CEQA reaches only activities that can cause a significant effect |
| Can a §15300.2 exception defeat it? | No | Yes | Not needed: it applies only where no significant effect is possible |
| Who must prove what | The project must meet the statute's conditions | The challenger must show an exception applies (Berkeley Hillside, 2015) | The agency must show it with evidence (Muzzy Ranch, 2007) |
| Examples | Ministerial permits, emergency repairs, AB 130 infill housing, housing-element rezonings (§21080.085) | Repairs and minor additions (Class 1), a few small buildings (Class 3), infill up to 5 acres (Class 32) | Actions with no physical effect at all; used sparingly |
Ways to find and document a CEQA exemption, compared
Whoever prepares the paperwork, the lead agency decides. The routes differ in cost, speed and evidence.
| Route | Cost | What you get | Best for | Limits |
|---|---|---|---|---|
| Lead agency planning staff | The agency's fee. San Francisco's initial fees: $461 for an exemption checklist, $9,257 for an exemption certificate, plus staff time above that | The determination itself, and the agency's NOE after approval | Simple projects where the agency's own form is the document | Fees and queues vary; staff review, they don't build your case |
| Environmental consultant | By quote, plus the agency's fee | Exemption memo, technical studies (traffic, noise, air, water quality), NOE draft | Class 32, sensitive sites, projects likely to be challenged | Slowest and costliest; the agency still decides |
| Land use attorney | By engagement | An opinion on the strongest exemption and the litigation risk | Contested or high-value projects | Advice, not usually the technical record |
| ePlan | Free to read; $49 for one document's Word file; Pro $99/month; Office $199/month | Four questions; checks CEQAnet, the Cortese list, listed historical resources, scenic highways and CNDDB; drafts an NOE (Appendix E), an exemption memo, a §15300.2 check and a filing checklist | Agency staff and applicants who want a cited first draft from four questions | Unsigned drafts, not legal advice; no technical studies; the finder names Classes 1, 2, 3, 4, 11 and 32 and emergency or ministerial work, the rest as "something else" |
| AEP 2026 CEQA Statute & Guidelines | Free PDF; print $35 ($25 for AEP members) | The statute and Guidelines as of January 1, 2026, summaries of 2025 laws and cases, the Appendix E form | Reading the rules yourself | Unofficial copy; no 2026 laws |
| AEP CEQA Portal: "CEQA Exemptions" | Free | A practitioners' topic paper on how exemptions work | Learning the framework | 2020 update: predates the 2025 statutory exemptions; the old PDF address returns 404, and the Portal has a login |
| CEQAnet | Free | The State Clearinghouse database of filed notices, NOEs included | Seeing which exemption agencies used for similar projects | Another project's NOE is precedent, not proof |
| LCI Site Check | Free | A state map of parcels where housing may qualify for CEQA streamlining or exemptions | Screening housing sites | Housing only; the state says its output is not legal advice |
| Practical CEQA (Solano Press) | $80 paperback, $40 Kindle | A step-by-step compliance guide, with a 2026 supplement | Agency staff learning the process | 2020 edition plus supplement |
| CEB CEQA Hub | By quote (free trial) | A CEQA research platform for attorneys with Solano Press titles and case summaries | Law firms and agency counsel | Built for lawyers; no public price |
Where each route wins. The free official sources win on price. A consultant wins when the exemption rests on technical evidence, as Class 32 does, or when a challenge is likely. ePlan wins on speed for the common classes: a cited draft of the notice, memo and exceptions check from four questions, free to read and $49 to download, still reviewed and signed at the agency. Asking planning staff early which exemption they expect is the cheapest step of all.
The 33 categorical exemption classes
Short summaries; each section's full conditions control.
| Class | Section | Covers |
|---|---|---|
| 1 | §15301 | Operation, repair, maintenance or minor alteration of existing facilities, with negligible or no expansion of use |
| 2 | §15302 | Replacing or rebuilding a structure on the same site, same purpose and capacity |
| 3 | §15303 | A few new small structures per parcel; converting small structures |
| 4 | §15304 | Minor alterations to land, water or vegetation (e.g. grading on slopes under 10%) |
| 5 | §15305 | Minor changes in land use limits on slopes under 20%: lot line adjustments, setback variances |
| 6 | §15306 | Data collection, research and resource evaluation |
| 7 | §15307 | Regulatory actions to protect natural resources |
| 8 | §15308 | Regulatory actions to protect the environment |
| 9 | §15309 | Inspections |
| 10 | §15310 | Loans for existing structures |
| 11 | §15311 | Minor accessory structures at existing commercial, industrial or institutional sites |
| 12 | §15312 | Surplus government property sales |
| 13 | §15313 | Buying land for wildlife conservation |
| 14 | §15314 | Minor additions to existing schools: no more than 25% added student capacity or ten classrooms, whichever is less |
| 15 | §15315 | Dividing urbanized land into four or fewer parcels |
| 16 | §15316 | Transferring land to create parks |
| 17 | §15317 | Open space contracts and easements |
| 18 | §15318 | Designating wilderness areas |
| 19 | §15319 | Annexing existing facilities and lots for exempt facilities |
| 20 | §15320 | Reorganizing local agencies without changing their area |
| 21 | §15321 | Enforcement actions by regulatory agencies |
| 22 | §15322 | Educational or training programs with no physical change |
| 23 | §15323 | Normal operations of existing facilities for public gatherings |
| 24 | §15324 | Regulating wages, hours and working conditions |
| 25 | §15325 | Transfers of land to preserve open space, habitat or historical resources |
| 26 | §15326 | Buying housing for housing assistance programs |
| 27 | §15327 | Leasing new facilities |
| 28 | §15328 | Small hydroelectric (5 MW or less) at existing dams, canals and pipelines |
| 29 | §15329 | Cogeneration (50 MW or less) at existing facilities |
| 30 | §15330 | Minor hazardous-substance cleanups costing $1 million or less |
| 31 | §15331 | Historical resource restoration consistent with the Secretary of the Interior's Standards |
| 32 | §15332 | Infill development up to 5 acres within city limits, meeting five conditions |
| 33 | §15333 | Small habitat restoration, up to 5 acres |
New statutory exemptions, 2025 and 2026
- AB 130 (Ch. 22, Stats. 2025) added PRC §21080.66: housing projects on sites up to 20 acres in a city or Census urban area, consistent with the plan and zoning. SB 158 (Ch. 650, in effect since October 11, 2025) cut the builder's remedy limit from 5 acres to 4 and made the Notice of Exemption mandatory. Checklist.
- SB 131 (Ch. 24, Stats. 2025) added exemptions for housing-element rezonings, farmworker housing, certain community water systems, wildfire risk reduction, parks and trails funded by Proposition 4, day care centers, rural health clinics, food banks, advanced manufacturing and high-speed rail facilities, and widened existing ones for small water and sewer systems and broadband. It also limits review of housing that misses an exemption by a single condition to that condition (PRC §21080.1(b)).
- 2026 session: in effect now, SB 1008 (Ch. 151) for closing dangerous railroad grade crossings and AB 1699 (Ch. 761) for CAL FIRE help with prescribed and cultural burns. From January 1, 2027: SB 887 (Ch. 439) bars categorical exemptions for data centers (PRC §21084(f)), applies CEQA to data center entitlements notwithstanding any other law (§21080.08) and keeps data centers out of the advanced manufacturing exemption (§21080.69); SB 299 (Ch. 413) adds a day care exemption for residential areas (§21080.68); AB 1732 (Ch. 792) extends the affordable housing exemption (§21080.40) to 2037 and adds public university and college housing. The governor vetoed SB 954, which would have narrowed the advanced manufacturing exemption.
Details and conditions for each: CEQA statutory exemptions.
Filing the Notice of Exemption and the 35-day clock
- Approve first. The notice is filed, if at all, after the project is approved (Guidelines §15062(a)).
- Fill in Appendix E: project, location, the exemption with its section or statute, a brief statement of reasons, and the applicant's name (§15062(a)).
- File it. A local agency files with the county clerk and, since SB 69 took effect in 2024, with the State Clearinghouse (PRC §21152(b)); a state agency files with the State Clearinghouse (§21108). An applicant may file with the agency's certified determination (§15062(c)(4)).
- Pay little. Exempt projects pay no Fish and Wildlife filing fee; the county clerk charges a handling fee (Fish & Game Code §711.4(d)(1), (e) sets $50; counties publish their own schedules).
- Count 35 days. Challenges must be filed within 35 days of filing and posting; with no notice, the window is 180 days from approval (PRC §21167(d); Guidelines §15112(c)).
A worked example with every field filled in: how to fill in and file a Notice of Exemption.
Questions people ask
What is exempt from CEQA?
Ministerial approvals fall outside CEQA. Discretionary projects are exempt if a statutory exemption covers them (such as emergency repairs or infill housing under Public Resources Code §21080.66), if they fit one of the 33 categorical classes (Guidelines §§15301–15333) with no §15300.2 exception, or under the common sense exemption (§15061(b)(3)).
What projects require CEQA review?
Discretionary projects that a California public agency carries out or approves, such as rezonings, variances, conditional use permits and tentative maps (Public Resources Code §21080(a)), unless an exemption applies. Without one, the agency starts with an Initial Study.
What are the requirements for the categorical exemption under CEQA Section 15303?
Class 3 allows a few new small structures per legal parcel: one single-family home or a second unit (three homes in urbanized areas), a multifamily structure of up to four units (six in urbanized areas), a commercial building up to 2,500 square feet (larger limits in urbanized areas), utility extensions and accessory structures. The §15300.2 exceptions still apply.
Does CEQA apply to federal projects?
CEQA binds California public agencies, so a purely federal action is reviewed under NEPA instead. When a state or local agency also approves or funds part of the project, CEQA applies to that approval, and Article 14 of the CEQA Guidelines (§§15220–15229) lets agencies use joint or federal documents.
Is there a book that contains the 2026 CEQA Guidelines?
Yes. The Association of Environmental Professionals publishes the 2026 CEQA Statute and Guidelines, current as of January 1, 2026, as a free PDF and in print for $35 ($25 for members). It is an unofficial copy; the official text is on Westlaw's California Code of Regulations site.
Do I have to file a Notice of Exemption?
Usually not. For most exemptions filing is optional, but some statutory exemptions require it (for example PRC §§21080.14, 21080.25, 21080.40 and 21080.66; Guidelines §15062(e)). Filing shortens the time anyone can sue from 180 days to 35 days after filing and posting (Public Resources Code §21167(d); Guidelines §15062(d)). It is filed only after the project is approved.
Who decides whether a project is exempt?
The lead agency (Public Resources Code §21080.1(a)). If staff or another non-elected body made the call, the exemption decision can usually be appealed to the agency's elected body (Guidelines §15061(e)). Consultants, attorneys and software can prepare the paperwork, but none of them decides.
Guides
- How to fill in and file a Notice of Exemption Every Appendix E field filled in for a sample project, where to file, the fees and the 35-day clock.
- CEQA statutory exemptions The list, including the 2025 and 2026 laws, and why the categorical exceptions don't apply to them.
- AB 130's infill housing exemption PRC §21080.66 condition by condition, with tribal consultation and labor rules.
- Class 32 infill exemption The five conditions of §15332 and the evidence each one needs.
- Class 3 new construction exemption The unit and square-foot limits of §15303, urbanized or not.
- Class 1 existing facilities exemption What "negligible expansion of use" means after the Supreme Court's 2026 ruling.
- Exceptions to categorical exemptions The six §15300.2 exceptions, how courts test unusual circumstances and where to check each one.
- The common sense exemption When §15061(b)(3) holds up, and why the agency carries the burden.
- CEQA §15183 Streamlining for projects consistent with a community plan or zoning that already had an EIR.
- No exemption fits: what's next Initial Study, Negative Declaration, MND or EIR, with review periods and 2026 fees.
How we checked
On November 13, 2026 we read every Guidelines section cited here (Cornell's LII and AEP's 2026 edition), the Public Resources Code sections (a public mirror of the Legislature's site), the 2026 bills on CalMatters' Digital Democracy, the Supreme Court's Sunflower Alliance opinion and each route's own price or fee page. No scores or ratings. Found an error? Write to support@winding.ai.
About this site
ceqaexemption.com is published by Winding AI, Inc., the company that makes ePlan, one of the routes compared above. We make money when someone pays ePlan for a download or a plan; we earn nothing from links to anyone else, and links to ePlan carry a tag so it can count visits from here. We wrote it because the top results for "CEQA exemption" are agency PDFs and lists that rarely cover the decision, the exceptions and the filing together. It is not legal advice. Visits are counted with Google Analytics; no ads, and no analytics cookies in the EU, UK or Switzerland.