Notice of Exemption: how to fill in and file one under CEQA
A Notice of Exemption (NOE) is the short form, Appendix E of the CEQA Guidelines, that a California public agency files after it approves a project it has found exempt. Filing is usually optional (a few statutory exemptions require it), and it cuts the time anyone has to challenge the exemption in court from 180 days to 35 (Guidelines §15062(d)). A local agency files it with the county clerk and the State Clearinghouse.
What the notice has to say
Guidelines §15062(a) lists six things every Notice of Exemption includes, and Public Resources Code §21152(b) (local agencies) and §21108(b) (state agencies) add that it names the person or company behind the project as shown in the agency's record. Appendix E is the state's form for it (the State Clearinghouse's blank fillable copy); many cities and counties use their own version with the same boxes. To find a notice someone else filed, search CEQAnet by city, county or document type, or ask the county clerk, who posts it for 30 days.
| Item | Rule | What to write |
|---|---|---|
| Description | §15062(a)(1) | What will physically be built, changed or done, with sizes. A title alone isn't enough. |
| Location | §15062(a)(2) | In an urbanized area, street address and cross street; elsewhere, attach a map, preferably a USGS 15' or 7.5' quadrangle named by quad. Add the parcel number. |
| Exempt status and citation | §15062(a)(3) | Ministerial, emergency, categorical (class and section, such as Class 1, §15301) or statutory (the code section). |
| Reasons | §15062(a)(4) | A short statement of why the project fits each condition of that exemption, and, for a categorical exemption, why no §15300.2 exception applies. |
| Applicant | §15062(a)(5) | The applicant's name, if there is one. |
| Who carries it out | §15062(a)(6); PRC §21152(b) | If different from the applicant, whoever receives the permit, grant, loan or lease. |
A filled-in example
Illustrative only. The city, project, phone number and findings below are invented to show the level of detail; they are not a real filing and not advice about any real project.
- To
- Clerk of Alder County; State Clearinghouse, Governor's Office of Land Use and Climate Innovation (filed electronically)
- From (public agency)
- City of Alder Grove, Public Works Department
- Project title
- Oak Street Branch Library roof and HVAC replacement
- Project location
- 410 Oak Street at Fifth Avenue, Alder Grove, Alder County; APN 000-111-22
- Description
- Remove and replace the 9,800 sq ft membrane roof of the existing one-story branch library and replace two rooftop HVAC units with units of the same capacity in the same locations. No added floor area, no change in use, no ground disturbance; staging inside the library parking lot.
- Public agency approving the project
- City of Alder Grove City Council
- Person or agency carrying it out
- City of Alder Grove Public Works Department (no private applicant)
- Exempt status
- Categorical exemption, Class 1, Existing Facilities, CEQA Guidelines §15301
- Reasons the project is exempt
- The project is repair and maintenance of an existing public structure and its mechanical equipment with no expansion of use (§15301). No §15300.2 exception applies: the building is not listed in or eligible for a historical register; the parcel is not on the Cortese list (Gov. Code §65962.5) as checked on the filing date; the site is not within an officially designated state scenic highway; and no unusual circumstance or cumulative effect from successive projects of this type has been identified.
- Lead agency contact
- Associate Planner, (555) 010-0142
- Signature, title and date
- Signed by the lead agency after the council's approval
When to file it
- After approval, never before. The notice "shall be filed, if at all, after approval of the project" (§15062(a)). It can be filled out earlier and travel with the application (§15062(b); §15061(d)).
- Usually optional, sometimes required. Most exemptions say an agency "may" file. Some say "shall": the agricultural, affordable and residential infill housing exemptions in Guidelines §§15193–15195 (§15062(e)); railroad grade crossing closures (PRC §21080.14(c)); transit and active transportation projects (§21080.25(h)); affordable housing (§21080.40(d)); and AB 130's housing exemption, whose notice goes to both the Office of Land Use and Climate Innovation and the county clerk (§21080.66(f)).
- An applicant can file it. A private applicant may file in the same place the agency would, attaching a certified document from the agency showing it found the project exempt (§15062(c)(4); PRC §21152(b)).
Where it goes and what it costs
| Who approved the project | File with | Rule |
|---|---|---|
| City, county or special district | The county clerk of each county the project is in, and the State Clearinghouse (electronically) | PRC §21152(b), (d); an agency that files must file with both since SB 69 took effect January 1, 2024 |
| State agency | The State Clearinghouse, electronically | PRC §21108(b), (d) |
| AB 130 infill housing | The Office of Land Use and Climate Innovation and the county clerk | PRC §21080.66(f) |
The clerk posts the notice within 24 hours, in the office and on its website, for 30 days; the State Clearinghouse posts it on its website within 24 hours for 30 days, and the agency keeps it for at least 12 months (PRC §21152(c)). An exempt project pays no California Department of Fish and Wildlife filing fee (Fish and Game Code §711.4(d)(1)), but the county clerk charges a documentary handling fee: §711.4(e) sets $50 per filing, and counties publish their own schedules, so check the clerk's.
The 35-day clock, worked through
A lawsuit claiming an agency wrongly found a project exempt must be filed within 35 days after the notice is filed and posted (PRC §21167(d); Guidelines §15112(c)(2)). With no notice, the window is 180 days from the agency's decision, or from the start of the project if there was no formal decision. The clock is not a waiting period: the project can proceed once its permits are issued (§15112(b)).
Example: a council approves a project on Tuesday, January 12, 2027, and the notice is filed and posted on Thursday, January 14. Counting excludes the first day and includes the last (Code of Civil Procedure §12), so the 35th day is Thursday, February 18, 2027. Without a notice, day 180 after approval is Sunday, July 11, 2027, which moves to Monday, July 12, because a deadline on a weekend or holiday rolls to the next day that isn't one (§12a). Ask counsel to confirm any real deadline.
Mistakes that cost the shorter clock or the exemption
- Filing before the approval, which §15061(d) and §15062(b) forbid.
- A reasons box with a bare citation. In Muzzy Ranch Co. v. Solano County Airport Land Use Com. (2007) 41 Cal.4th 372, the commission's notice "did not cite any evidence," and the court held it erred insofar as it failed to consider the record; the exemption survived only because the record itself supported it.
- Filing with the clerk but not the State Clearinghouse, or with only one county for a project that crosses county lines (§21152(b) says each county).
- Claiming a categorical exemption without checking the six exceptions in §15300.2; see the exceptions checklist.
Ways to draft it
Most agencies keep their own NOE form; the AEP's free 2026 CEQA Statute and Guidelines book reprints the Guidelines, including Appendix E. CEQAnet, the State Clearinghouse database, shows how agencies worded notices for similar projects, for free. ePlan's CEQA Exemption Finder drafts an Appendix E notice, an exemption memo, a §15300.2 check and a filing checklist from four answers, filling site facts from CEQAnet, the Cortese list, historical registers, scenic highway maps and CDFW species records; reading the draft is free and the Word file costs $49 (Pro is $99 a month). Its drafts are unsigned starting points, not legal advice, and it doesn't produce technical studies. Whichever route you use, the lead agency makes the exemption decision and signs the notice. If the project might not fit a categorical class, check the statutory exemptions first.
Sources
- CEQA Guidelines §15062, Notice of Exemption and §15061, Review for exemption (14 CCR; read November 13, 2026)
- CEQA Guidelines §15112, Statutes of limitations (read November 13, 2026)
- Public Resources Code §21152, §21108, §21167 and §21080.66 (text mirrored from leginfo.legislature.ca.gov; read November 13, 2026)
- Fish and Game Code §711.4 and CDFW, CEQA environmental document filing fees (read November 13, 2026)
- Governor's Office of Land Use and Climate Innovation, CEQA News: SB 69 filing requirements (read November 13, 2026)
- Appendix E Notice of Exemption, the State Clearinghouse's fillable form (August 2021; still addressed to OPR, now LCI) (read November 13, 2026)
- Notice of Exemption form (OPR "Form D", hosted by the Department of General Services) (read November 13, 2026)
- Code of Civil Procedure §12 and §12a (read November 13, 2026)
- Muzzy Ranch Co. v. Solano County Airport Land Use Com. (2007) 41 Cal.4th 372 (read November 13, 2026)
- AEP, 2026 CEQA Statute and Guidelines and CEQAnet (read November 13, 2026)
- ePlan pricing and CEQA Exemption Finder page (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.