Skip to content

Mitigated negative declaration (MND): when CEQA allows one and how long it takes

A mitigated negative declaration (MND) is the CEQA document a California lead agency adopts when an initial study finds potentially significant effects, but revisions the applicant agrees to before public review clearly reduce them below significance, and no substantial evidence says otherwise[1]. In 2025, agencies sent the State Clearinghouse 985 MNDs and 253 draft EIRs[2][3].

By Ilya Volodarsky. 25 sources, last read on . This page explains the law; it is not legal advice.

Draft an MND for a 40-Lot Subdivision

    ePlan gets you

    • A first draft of your Mitigated Negative Declaration, 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 MND with the proposed finding and mitigation measures; every fact it can't confirm is marked for you.

    ePlan vs. by hand

    How ePlan compares to drafting a Mitigated Negative Declaration by hand

    The same document, two ways to a first draft.

    ComparedePlan.aiBy hand
    Starting pointePlan.aiA reference MND from an analog project the research agent finds, for example on CEQAnetBy handCopy a past MND and rewrite it by hand
    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.aiLeft as highlighted [INSERT: …] placeholders for you to fillBy handTracked by hand in comments or a separate list
    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.

    What is a mitigated negative declaration?

    It is a negative declaration with the fixes built in first. The initial study finds potentially significant effects, the applicant revises the project before release, and the agency proposes a finding of no significant effect[4][9].

    A plain negative declaration needs no revisions, because the initial study shows no substantial evidence of a significant effect. If that evidence survives the revisions, the agency prepares an environmental impact report instead[4][10].

    Negative declaration, MND and EIR compared. Filings: ePlan.ai count of the CEQAnet CSV export.
    AspectNegative declarationMNDEIR
    When it fitsNo evidence of a significant effectAgreed revisions clear the effectsSubstantial evidence of a possible significant effect[10]
    Private project deadline, from a complete application180 days180 days[11]One year[12]
    Monitoring programNone, with no measuresRequired[13]Required for adopted measures[13]
    In courtFair argument, no deferenceFair argument, no deferenceAbuse of discretion[14]
    Filed in 2025150[15]985[2]253 drafts[3]

    How long does an MND take?

    About three months from filing to approval, once the document is written. Of the 1,101 projects whose first MND reached the State Clearinghouse from October 2023 to September 2024, 734 (67%) had the lead agency's notice of determination in CEQAnet by September 2026: a median 92 days later, and 81% of them within six months[2][7].

    Treat that as a floor. CEQAnet has no dates for studies and drafting before filing, and a local agency's notice reaches the Clearinghouse only when a state agency has an approval, so the other third may be approved too[8]. A draft EIR takes a median 207 days to the same notice.

    Time between CEQAnet filings for one project, joined on its SCH number. ePlan.ai analysis of the CEQAnet CSV export.
    StepMedianMiddle halfProjects
    MND public review (filed Oct 2025 – Sep 2026)30 days29 to 31 days923
    First MND to notice of determination (filed Oct 2023 – Sep 2024)92 days60 to 154 days734
    First negative declaration to notice of determination (same window)78.5 days61 to 124.5 days122

    Why an MND fails: the fair argument test

    An MND gets less protection in court than an EIR. If substantial evidence supports a fair argument that the project may have a significant effect, the agency must prepare an EIR even when other evidence says it won't, and the court does not defer on that question[10][14].

    Moving to an EIR after filing looks rare, though a change of course before filing never shows. Of 2,342 projects with a first MND filed October 2022 to September 2024, 11 (0.5%) later show a notice of preparation or draft EIR on the same SCH number[16]. Cypress's warehouse took about a month[17]. Weak points to check:

    • Late revisions: they must be made or agreed before release for public review, not after[4]
    • Deferred mitigation: Sundstrom rejected adopting whatever a later study recommended; details can wait only with performance standards[18][19]
    • Neighbors' testimony: in Pocket Protectors, residents' observations on aesthetics counted as substantial evidence, and the MND fell[14]
    • Changes after notice: a substantial revision means recirculating; a swapped measure needs a hearing and finding[20][21]

    MND filings are falling: check for an exemption first

    MND filings fell from 1,345 in 2022 to 985 in 2025, and January to October 2026 ran 9% below 2025[2]. Residential MNDs fell from 359 in the year to September 2023 to 214 in the year to September 2026. That began before the AB 130 infill housing exemption took effect in June 2025[22], so the filings don't show why.

    So check CEQA exemptions first. If you need an MND, plan for biology: 95% of those filed in the past year list biological resources among their issues, then geology and air quality (81%), cultural resources (80%), noise (79%) and tribal cultural resources (71%)[2].

    CEQA documents received by the State Clearinghouse each year, by CEQAnet document type. ePlan.ai count of the CEQAnet CSV export.
    YearMNDNegative declarationDraft EIR
    20221,345220285
    20231,278161282
    20241,115181302
    2025985150253
    2026, to November 4775106208
    Outline

    What a mitigated negative declaration must include

    Guidelines section 15071 lists the contents[9]. The last three items follow the document through adoption.

    1. Project description

      What it is, where, preferably on a map, and who proposes it.

    2. Proposed finding

      That the project will not have a significant effect.

    3. Initial study

      Attached, documenting the reasons, often on the Appendix G checklist[23].

    4. Mitigation measures

      Those included in the project to avoid potentially significant effects.

    5. Notice of intent to adopt

      Sent before review, with the dates and where to read it[24].

    6. Mitigation monitoring and reporting program

      Adopted with the MND; each measure fully enforceable[25][13].

    7. Notice of determination

      Filed within five working days of approval[8].

    Sources

    Where each statement comes from

    Show all 25 sources
    1. [1]14 CCR § 15369.5 - Mitigated Negative Declaration (CEQA Guidelines). California Code of Regulations, Title 14 (Cornell LII). Read November 4, 2026.
    2. [2]CEQAnet search: mitigated negative declarations (document type MND) received 2014 to November 4, 2026, exported to CSV by year. State Clearinghouse, LCI (CEQAnet). Read November 4, 2026.
    3. [3]CEQAnet search: draft EIRs (document type EIR) received October 1, 2025 to September 30, 2026 (250 found), with every year since 2014 exported to CSV. State Clearinghouse, LCI (CEQAnet). Read November 3, 2026.
    4. [4]14 CCR § 15070 - Decision to Prepare a Negative or Mitigated Negative Declaration (CEQA Guidelines). California Code of Regulations, Title 14 (Westlaw). Read October 2, 2026.
    5. [5]14 CCR § 15073 - Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration (CEQA Guidelines). California Code of Regulations, Title 14 (Westlaw), July 27, 2007. Read October 2, 2026.
    6. [6]Public Resources Code § 21091 - Public review periods for EIRs and negative declarations. California Legislative Information, January 1, 2022. Read October 2, 2026.
    7. [7]CEQAnet search: notices of determination received October 1, 2023 to September 30, 2026, exported to CSV by month. State Clearinghouse, LCI (CEQAnet). Read November 3, 2026.
    8. [8]14 CCR § 15075 - Notice of Determination on a Project for Which a Proposed Negative or Mitigated Negative Declaration Has Been Approved (CEQA Guidelines). California Code of Regulations, Title 14 (Westlaw), December 28, 2018. Read October 2, 2026.
    9. [9]14 CCR § 15071 - Contents (negative declaration) (CEQA Guidelines). California Code of Regulations, Title 14 (Westlaw), October 6, 2005. Read October 2, 2026.
    10. [10]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.
    11. [11]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15107 - Completion of negative declaration for certain private projects. Legal Information Institute (Cornell Law School), California Code of Regulations. Read October 2, 2026.
    12. [12]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15108 - Completion and certification of EIR. Legal Information Institute (Cornell Law School), California Code of Regulations. Read October 2, 2026.
    13. [13]Public Resources Code § 21081.6 - Mitigation reporting or monitoring program. California Legislative Information, October 1, 1994. Read October 2, 2026.
    14. [14]Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903. Caselaw Access Project, Harvard Law School Library, December 7, 2004. Read November 4, 2026.
    15. [15]CEQAnet search: negative declarations (document type NEG) received 2014 to November 4, 2026, exported to CSV by year. State Clearinghouse, LCI (CEQAnet). Read November 4, 2026.
    16. [16]CEQAnet search: notices of preparation (document type NOP) received 2014 to 2026, exported to CSV by year. State Clearinghouse, LCI (CEQAnet). Read November 3, 2026.
    17. [17]5665 Plaza Drive Project, City of Cypress: MND April 2, 2024; NOP May 3, 2024 (SCH 2024040017). State Clearinghouse, CEQAnet, April 2, 2024. Read November 4, 2026.
    18. [18]Sundstrom v. County of Mendocino (1988) 202 Cal.App.3d 296. Caselaw Access Project, Harvard Law School Library, June 22, 1988. Read November 4, 2026.
    19. [19]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.
    20. [20]14 CCR § 15073.5 - Recirculation of a Negative Declaration Prior to Adoption (CEQA Guidelines). California Code of Regulations, Title 14 (Westlaw), October 6, 2005. Read October 2, 2026.
    21. [21]14 CCR § 15074.1 - Substitution of Mitigation Measures in a Proposed Mitigated Negative Declaration (CEQA Guidelines). California Code of Regulations, Title 14 (Cornell LII). Read November 4, 2026.
    22. [22]Assembly Bill No. 130 (2025-2026), Chapter 22, Statutes of 2025 (Housing), chaptered text. California Legislative Information (leginfo.legislature.ca.gov), June 30, 2025. Read October 2, 2026.
    23. [23]14 CCR Div. 6, Ch. 3, Appendix G - Environmental Checklist Form (CEQA Guidelines). California Code of Regulations, Title 14 (Westlaw), December 28, 2018. Read October 2, 2026.
    24. [24]14 CCR § 15072 - Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (CEQA Guidelines). California Code of Regulations, Title 14 (Westlaw), December 28, 2018. Read October 2, 2026.
    25. [25]14 CCR § 15074 - Consideration and Adoption of a Negative Declaration or Mitigated Negative Declaration (CEQA Guidelines). California Code of Regulations, Title 14 (Westlaw), July 27, 2007. 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.

    XGitHub

    Pricing

    Pick your plan

    One workspace price per plan, powered by shared credits. Draft environmental planning documents in minutes, not weeks.

    Starter
    $0/month

    Try AI environmental planning

    Starter AI Planning

    • Basic Research agents
    • Generate CEQA/NEPA scoping letters
    • GIS shapefile & unit tracking support
    • 3 seats included
    • 5,000 credits/mo
    • 3 active projects
    Get Started
    Most popular
    Pro
    $99/month

    Get AI environmental planning right from day 1

    Pro AI Planning

    • Precedent (EA) research
    • Realtime task + gantt task management
    • Upload surveys
    • 5 seats included
    • 30,000 credits/mo
    • +$29/mo per extra seat (adds 5,000 credits)
    • Unlimited projects, docs, contractors
    Choose Pro
    Max
    $199/month

    Scale AI environmental planning

    Agentic Planning Team

    • All AI Env Docs (EA/EIR/Decision Memos)
    • Contract generation
    • Team/contractor/citizen collaboration
    • 10 seats included
    • 75,000 credits/mo
    • +$29/mo per extra seat (adds 7,500 credits)
    • Unlimited projects, docs, contractors
    • Priority support
    Choose Max
    EnterpriseCustom
    • ArcGIS/Esri + custom integrations
    • Custom planning agents + credits
    • Government security + SSO/SAML
    • Dedicated onboarding + SLA
    FAQ

    Frequently asked questions

    • A negative declaration finds no substantial evidence of a significant effect in the project as proposed. A mitigated negative declaration starts with potentially significant effects and relies on revisions the applicant agrees to before public review.

    Guides

    Keep reading