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The CEQA environmental impact report, from notice of preparation to notice of determination

An environmental impact report (EIR) is the lead agency's detailed CEQA statement on a project's significant environmental effects and ways to mitigate or avoid them[1]. It is required when substantial evidence shows a project may have a significant effect[2], and runs from a Notice of Preparation to a notice of determination[3][4].

By Ilya Volodarsky. 40 sources, last read on . This page explains the law; it is not legal advice.

Draft a Notice of Preparation for Water Storage

    ePlan gets you

    • A first draft of your Notice of Preparation, from a project description or the files you already have
    • Precedent research: analog projects and their documents, found for you
    • Every fact ePlan can't confirm, marked for your team to fill in
    • A Word download, plus tasks and a Gantt timeline on Pro and Max
    See how it compares

    Describe the project and ePlan drafts the Notice of Preparation and lays out the EIR's sections, with the project description, location and probable effects filled in; every fact it can't confirm is marked for you.

    ePlan vs. by hand

    How ePlan compares to drafting a Notice of Preparation by hand

    The same document, two ways to a first draft.

    ComparedePlan.aiBy hand
    EIR structureePlan.aiDrafts the NOP and outlines the EIR's sections; your team writes the analysisBy handBuild the section list from Guidelines Article 9 by hand
    Starting pointePlan.aiYour description and files, plus CEQAnet documents for up to two similar projectsBy handA blank notice or the last project's file
    Precedent researchePlan.aiA research agent searches agency project pages, CEQAnet, the Federal Register, eCFR and EPA's EIS database for your project and up to two analog projectsBy handSearching each agency site and PDF library by hand
    Missing factsePlan.aiEvery fact ePlan can't confirm stays a highlighted [INSERT] placeholder until someone fills itBy handGaps surface in review, or not at all
    Cost to startePlan.aiScoping letters are free. EAs, EIRs and decision memos are on Max at $199 a monthBy handStaff or consultant hours for every draft

    ePlan.ai as of October 2026. “By hand” means a Word template, past documents and agency PDFs. Your team reviews, edits and signs every draft.

    When is a CEQA EIR required?

    Under the fair argument standard, if the lead agency is presented with a fair argument that the project may have a significant effect, it prepares an EIR, even if other evidence points the other way; controversy alone is not enough[12]. An initial study usually comes first[13].

    The notice of preparation, scoping and AB 52 tribal consultation

    The lead agency sends a notice of preparation (NOP) describing the project, location and probable effects to LCI (formerly OPR) and to responsible, trustee and federal agencies[3][14], which have 30 days to say what the EIR must cover[15]. Projects of statewide, regional or areawide significance need a scoping meeting[3].

    Under AB 52, an affiliated tribe that asked in writing gets notice within 14 days of the application being complete or the agency deciding to proceed. It has 30 days to request consultation, which must start within 30 days and before the EIR is released[16].

    Draft EIR review and the final EIR

    With the draft EIR done, the lead agency files a notice of completion and gives public notice[17]. It must accept comments by email[18] and answer significant environmental issues in writing, sending responses to commenting agencies at least 10 days before certification[19]. The final EIR adds the comments and responses[20][21].

    Example: Fresno County's EIR for Friant Ranch, about 2,500 homes on 942 acres, found significant and unavoidable air quality impacts, and the county approved it with a statement of overriding considerations. In December 2018 the California Supreme Court held the EIR inadequate because it did not explain the pollution's likely health effects[22].

    Certification, findings and the notice of determination

    Before approval, the lead agency certifies that the final EIR complies with CEQA and reflects its independent judgment[23]. For each significant effect it finds that changes avoid or substantially lessen it, another agency is responsible, or mitigation and alternatives are infeasible[24][25]. Unavoidable significant effects need a statement of overriding considerations[26].

    Within five working days of approval, it files a notice of determination[4]: a local agency with the county clerk and State Clearinghouse, a state agency with LCI[27][28]. Filing starts a 30-day window for lawsuits[29].

    Outline

    Draft EIR outline: the required sections

    Guidelines §§15122-15131 require these in every draft EIR, in any format that covers each[7]. For a joint federal document, see CEQA and NEPA.

    1. Table of contents or index

      So readers can find each subject[30].

    2. Summary

      Each significant effect with mitigation and alternatives, controversies and open issues; normally 15 pages or less[31].

    3. Project description

      A map of location and boundaries, objectives, characteristics, and the approvals relying on the EIR[32].

    4. Environmental setting

      Physical conditions when the NOP is published, normally the baseline, and plan inconsistencies[33].

    5. Environmental impacts

      Significant direct and indirect effects, unavoidable effects, irreversible changes and growth-inducing impacts[34][35].

    6. Mitigation measures

      Feasible, enforceable measures for each significant effect; deferral only under the Guidelines' conditions[36].

    7. Alternatives

      A reasonable range that meets most basic objectives while lessening significant effects, plus no project[37].

    8. Cumulative impacts and effects found not significant

      Cumulatively considerable impacts, and brief reasons other effects are not significant[38][39].

    9. Preparers and persons consulted

      Who prepared the draft, and the agencies, groups and people consulted[40].

    Sources

    Where each statement comes from

    Show all 40 sources
    1. [1]CEQA Guidelines, 14 CCR § 15362: EIR--Environmental Impact Report. California Code of Regulations (Office of Administrative Law, Westlaw). Read October 2, 2026.
    2. [2]Public Resources Code § 21080: projects CEQA applies to, statutory exemptions and when an EIR is required. California Legislative Information (leginfo.legislature.ca.gov), September 17, 2025. Read October 2, 2026.
    3. [3]CEQA Guidelines, 14 CCR § 15082: Notice of Preparation and Determination of Scope of EIR. California Code of Regulations (Office of Administrative Law, Westlaw), December 28, 2018. Read October 2, 2026.
    4. [4]CEQA Guidelines, 14 CCR § 15094: Notice of Determination. California Code of Regulations (Office of Administrative Law, Westlaw), December 28, 2018. Read October 2, 2026.
    5. [5]Public Resources Code § 21100: lead agencies prepare and certify EIRs; required contents. California Legislative Information (leginfo.legislature.ca.gov), September 30, 1994. Read October 2, 2026.
    6. [6]Public Resources Code § 21151: local agencies prepare and certify EIRs. California Legislative Information (leginfo.legislature.ca.gov), January 1, 2003. Read October 2, 2026.
    7. [7]CEQA Guidelines, 14 CCR § 15120: General (Article 9, Contents of Environmental Impact Reports). California Code of Regulations (Office of Administrative Law, Westlaw), October 26, 1998. Read October 2, 2026.
    8. [8]CEQA Guidelines, 14 CCR § 15084: Preparing the Draft EIR. California Code of Regulations (Office of Administrative Law, Westlaw). Read October 2, 2026.
    9. [9]CEQA Guidelines, 14 CCR § 15141: Page Limits. California Code of Regulations (Office of Administrative Law, Westlaw). Read October 2, 2026.
    10. [10]CEQA Guidelines, 14 CCR § 15105: Public Review Period for a Draft EIR or a Proposed Negative Declaration or Mitigated Negative Declaration. California Code of Regulations (Office of Administrative Law, Westlaw), July 27, 2007. Read October 2, 2026.
    11. [11]CEQA Guidelines, 14 CCR § 15108: Completion and Certification of EIR. California Code of Regulations (Office of Administrative Law, Westlaw). Read October 2, 2026.
    12. [12]CEQA Guidelines, 14 CCR § 15064: Determining the Significance of the Environmental Effects Caused by a Project. California Code of Regulations (Office of Administrative Law, Westlaw), December 28, 2018. Read October 2, 2026.
    13. [13]CEQA Guidelines, 14 CCR § 15063: Initial Study. California Code of Regulations (Office of Administrative Law, Westlaw), December 28, 2018. Read October 2, 2026.
    14. [14]About the California Office of Land Use and Climate Innovation (LCI). Governor's Office of Land Use and Climate Innovation (LCI). Read October 2, 2026.
    15. [15]Public Resources Code § 21080.4: notice that an EIR is required; 30-day agency responses. California Legislative Information (leginfo.legislature.ca.gov), January 1, 2022. Read October 2, 2026.
    16. [16]Public Resources Code § 21080.3.1: tribal consultation (AB 52). California Legislative Information (leginfo.legislature.ca.gov), January 1, 2015. Read October 2, 2026.
    17. [17]CEQA Guidelines, 14 CCR § 15087: Public Review of Draft EIR. California Code of Regulations (Office of Administrative Law, Westlaw), December 28, 2018. Read October 2, 2026.
    18. [18]Public Resources Code § 21091: public review periods and comments. California Legislative Information (leginfo.legislature.ca.gov), January 1, 2022. Read October 2, 2026.
    19. [19]CEQA Guidelines, 14 CCR § 15088: Evaluation of and Response to Comments. California Code of Regulations (Office of Administrative Law, Westlaw), December 28, 2018. Read October 2, 2026.
    20. [20]CEQA Guidelines, 14 CCR § 15089: Preparation of Final EIR. California Code of Regulations (Office of Administrative Law, Westlaw). Read October 2, 2026.
    21. [21]CEQA Guidelines, 14 CCR § 15132: Contents of Final Environmental Impact Report. California Code of Regulations (Office of Administrative Law, Westlaw). Read October 2, 2026.
    22. [22]Sierra Club v. County of Fresno (Friant Ranch, L.P.), No. S219783 (Cal. Dec. 24, 2018). Supreme Court of California (FindLaw Caselaw), December 24, 2018. Read October 3, 2026.
    23. [23]CEQA Guidelines, 14 CCR § 15090: Certification of the Final EIR. California Code of Regulations (Office of Administrative Law, Westlaw), May 27, 1997. Read October 2, 2026.
    24. [24]Public Resources Code § 21081: findings required before approving a project with significant effects. California Legislative Information (leginfo.legislature.ca.gov), October 1, 1994. Read October 2, 2026.
    25. [25]CEQA Guidelines, 14 CCR § 15091: Findings. California Code of Regulations (Office of Administrative Law, Westlaw), October 26, 1998. Read October 2, 2026.
    26. [26]CEQA Guidelines, 14 CCR § 15093: Statement of Overriding Considerations. California Code of Regulations (Office of Administrative Law, Westlaw), March 18, 2010. Read October 2, 2026.
    27. [27]Public Resources Code § 21152: local agency notices of determination and exemption. California Legislative Information (leginfo.legislature.ca.gov), January 1, 2024. Read October 4, 2026.
    28. [28]Public Resources Code § 21108: state agency notices of determination and exemption. California Legislative Information (leginfo.legislature.ca.gov), January 1, 2023. Read October 4, 2026.
    29. [29]Public Resources Code § 21167: time limits for CEQA lawsuits. California Legislative Information (leginfo.legislature.ca.gov), January 1, 2023. Read October 4, 2026.
    30. [30]CEQA Guidelines, 14 CCR § 15122: Table of Contents or Index. California Code of Regulations (Office of Administrative Law, Westlaw). Read October 2, 2026.
    31. [31]CEQA Guidelines, 14 CCR § 15123: Summary. California Code of Regulations (Office of Administrative Law, Westlaw). Read October 2, 2026.
    32. [32]CEQA Guidelines, 14 CCR § 15124: Project Description. California Code of Regulations (Office of Administrative Law, Westlaw), December 28, 2018. Read October 2, 2026.
    33. [33]CEQA Guidelines, 14 CCR § 15125: Environmental Setting. California Code of Regulations (Office of Administrative Law, Westlaw), December 28, 2018. Read October 2, 2026.
    34. [34]CEQA Guidelines, 14 CCR § 15126: Consideration and Discussion of Environmental Impacts. California Code of Regulations (Office of Administrative Law, Westlaw), October 26, 1998. Read October 2, 2026.
    35. [35]CEQA Guidelines, 14 CCR § 15126.2: Consideration and Discussion of Significant Environmental Impacts. California Code of Regulations (Office of Administrative Law, Westlaw), December 28, 2018. Read October 2, 2026.
    36. [36]CEQA Guidelines, 14 CCR § 15126.4: Consideration and Discussion of Mitigation Measures Proposed to Minimize Significant Effects. California Code of Regulations (Office of Administrative Law, Westlaw), December 28, 2018. Read October 2, 2026.
    37. [37]CEQA Guidelines, 14 CCR § 15126.6: Consideration and Discussion of Alternatives to the Proposed Project. California Code of Regulations (Office of Administrative Law, Westlaw), October 26, 1998. Read October 2, 2026.
    38. [38]CEQA Guidelines, 14 CCR § 15130: Discussion of Cumulative Impacts. California Code of Regulations (Office of Administrative Law, Westlaw), March 18, 2010. Read October 2, 2026.
    39. [39]CEQA Guidelines, 14 CCR § 15128: Effects Not Found to Be Significant. California Code of Regulations (Office of Administrative Law, Westlaw). Read October 2, 2026.
    40. [40]CEQA Guidelines, 14 CCR § 15129: Organizations and Persons Consulted. California Code of Regulations (Office of Administrative Law, Westlaw). Read October 2, 2026.

    Written by

    Ilya Volodarsky

    Ilya Volodarsky founded ePlan.ai. He co-founded Segment and is co-founder and CEO of Wildfires.org.

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