Notice, Public Review and Re-Circulation

Notice of Intent to Adopt a Negative Declaration

The lead agency shall provide notice of intent to adopt the prepared negative declaration to the following:

  • The public
  • Responsible agencies
  • Trustee agencies; and
  • The County Clerk of each county within which the proposed project will be located

Reference: 14 CCR Section 15072

Public Review of a Negative Declaration

A proposed ND and Initial Study should be submitted to the State Clearinghouse for review by state agencies and the public .

The review period shall not be less than 30 days, unless a shorter period is approved by the State Clearinghouse.

Reference: 14 CCR Sections 15073 and 15105(d)

Re-Circulation of a Negative Declaration Prior to Adoption

A lead agency is required to re-circulate a ND via the State Clearinghouse when the document must be substantially revised after the public review and comment period.

A “substantial revision” of the ND means:

  • A new, avoidable, significant effect is identified, and mitigation measures or project revisions must be added in order to reduce the effect to insignificance, or
  • The lead agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significance, and new measures or revisions must be required

Reference: 14 CCR Section 15073.5

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