Negative Declaration, MND or EIR: what CEQA requires when no exemption fits
A Negative Declaration is the lead agency's written statement of why a project that isn't exempt will not have a significant effect on the environment and so needs no EIR (CEQA Guidelines §15371). If no exemption fits, the agency first prepares an Initial Study (§15063). It ends in a Negative Declaration when no substantial evidence shows the project may have a significant effect, a Mitigated Negative Declaration when changes the applicant agrees to before release clearly avoid every such effect, or an EIR when substantial evidence shows it may (PRC §21080(c)–(d)).
The four outcomes side by side
| Exemption | Negative Declaration | Mitigated ND | EIR | |
|---|---|---|---|---|
| Legal test | A statutory, categorical or common sense exemption fits (§15061(b)) | No substantial evidence the project may have a significant effect (§15070(a)) | Revisions agreed before release clearly avoid the effects, and no substantial evidence remains (§15070(b)) | Substantial evidence the project may have a significant effect (PRC §21080(d)) |
| What is prepared | Notice of Exemption (Appendix E), optional | Initial Study and ND | Initial Study, MND and a monitoring or reporting program (PRC §21081.6) | Notice of preparation, draft and final EIR, findings |
| Minimum public review | None | 20 days; 30 if sent to the State Clearinghouse | 20 days; 30 if sent to the State Clearinghouse | Draft EIR 30 days; 45 if sent to the State Clearinghouse |
| CDFW fee, 2026 (2027) | None (§711.4(d)(1)) | $3,043.75 ($3,152.00) | $3,043.75 ($3,152.00) | $4,227.50 ($4,378.00) |
| Notice after approval | NOE, if filed (§15062) | Notice of Determination within 5 working days (§15075) | Notice of Determination within 5 working days (§15075) | Notice of Determination within 5 working days (§15094) |
| Time to sue | 35 days after the NOE; 180 days without one | 30 days after the NOD | 30 days after the NOD | 30 days after the NOD |
| Local deadline for an applicant's project | Not covered | 180 days from a complete application | 180 days | One year |
Review periods come from Guidelines §15073 and §15105; a draft EIR's review "should" not run past 60 days except in unusual circumstances. Challenge periods come from §15112(c) and PRC §21167; the local deadlines from PRC §21151.5, which allows an extension if the applicant consents.
What the Initial Study holds
Under §15063(d), an Initial Study contains, in brief form: the project description with its location; the environmental setting; a checklist of effects, each entry briefly explained with some evidence behind it; ways to mitigate significant effects; a check against zoning and plans; and the names of the preparers. Appendices G and H hold the sample forms (§15063(f)). It may rely on expert opinion supported by facts and on technical studies, but it isn't meant to reach an EIR's level of detail (§15063(a)(3)). If an EIR is clearly required, the agency can skip the Initial Study (§15063(a)).
The Initial Study is also where streamlining shows up. It can find that a prior EIR, a program EIR, tiering or §15183 consistency with a plan or zoning already covers some or all of the project's effects (§15063(b)(1)(C)).
How the agency chooses
- The fair argument test. If the agency is presented with a fair argument, backed by substantial evidence, that the project may have a significant effect, it must prepare an EIR even if other evidence points the other way (§15064(f)(1), citing No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68).
- What counts as evidence. Facts, reasonable assumptions based on facts, and expert opinion supported by facts. Not argument, speculation, unsupported opinion, or social and economic effects that don't come from physical changes (PRC §21080(e)).
- Timing of MND changes. The mitigation that turns an ND into an MND must be made or agreed to by the applicant before the draft is released for review (§15070(b)(1)). Measures added later can replace earlier ones only after a hearing and a finding that they are equivalent or more effective (PRC §21080(f)).
- Notice of Intent first. Before adopting an ND or MND, the agency publishes a Notice of Intent to Adopt and circulates the draft for the review period in the table (§15072; §15105(b)).
- Tribal consultation. Before releasing an ND, MND or EIR, the agency must begin consultation with a California Native American tribe traditionally and culturally affiliated with the area that asked in writing to be notified and requests consultation within 30 days of the agency's notice (PRC §21080.3.1(b), (d)). Section 21080.3.1 doesn't apply to exemptions, though some statutory exemptions build in their own consultation, such as AB 130's (§21080.66(b)).
Housing that misses an exemption by one condition
Since June 30, 2025, PRC §21080.1(b) narrows review for a housing development project that would be exempt under a statutory exemption, or under Class 1 to 5, 12, 15, 20, 27, 30 or 32, "but for a single condition." The Initial Study or EIR then examines only the effects caused solely by that condition, and an EIR needs no alternatives or growth-inducing analysis. It does not apply if two or more conditions fail, if the project isn't similar in kind to the exempt class, if it includes a distribution center or oil and gas infrastructure, if it sits on natural and protected lands, or to builder's remedy projects over four acres.
Example: a 30-unit infill building that meets every Class 32 condition except noise (the site sits beside a freeway). Review covers noise alone. If the agency sends the proposed ND to the State Clearinghouse, review lasts at least 30 days; after approval the agency files a Notice of Determination within five working days, and anyone who wants to sue has 30 days from that filing. Had Class 32 fit, the agency could have approved it and filed a Notice of Exemption with no review period, starting a 35-day window and paying no CDFW fee.
Who prepares it
The lead agency is responsible and may use its staff, a consultant or data the applicant submits, but the document released for review must reflect the agency's independent judgment (§15063(a)(4), (e)). Every checklist answer needs evidence behind it, and for topics like noise, traffic, biology or air quality that evidence is often a technical study by a qualified consultant.
For a first pass, ePlan's CEQA initial study page lays out a free Appendix G outline with the setting filled in from public maps (CAL FIRE fire hazard zones, FEMA flood zones, CDFW's species database, CalEnviroScreen) and gaps flagged for the preparer. It is free to read on screen; one document's Word file is $49, or Pro is $99 a month. It doesn't write the impact analysis or produce technical studies, and its outline is an unsigned starting point, not the agency's determination. Before leaving the exemption track, it is worth one more check of the Notice of Exemption route and the statutory exemptions added in 2025.
Sources
- CEQA Guidelines, 14 CCR §15063, §15064, §15070, §15073, §15075, §15094, §15105 and §15112 (read November 13, 2026)
- Public Resources Code §21080, §21080.1, §21081.6, §21151.5 and §21167 (read November 13, 2026)
- California Department of Fish and Wildlife, CEQA environmental document filing fees, 2026 and 2027 (read November 13, 2026)
- Fish and Game Code §711.4 (read November 13, 2026)
- ePlan, CEQA Initial Study Checklist and ePlan pricing (read November 13, 2026)
About this guide
ceqaexemption.com is published by Winding AI, Inc., the company that makes ePlan, which drafts CEQA Notices of Exemption among other permit documents. We make money when someone pays ePlan for a download or a plan; we earn nothing from links to anyone else. This page explains the rules as written and is not legal advice. Visits are counted with Google Analytics; no ads, and no analytics cookies in the EU, UK or Switzerland. Corrections: support@winding.ai.