California · CEQA

What is the project, and where?

Match your project to a CEQA categorical or statutory exemption, check the §15300.2 exceptions and draft the Notice of Exemption. Free to read.

  • Free to read
  • No sign-up until the draft
  • Every fact cites its source
Project site

ePlan fills in

  • Lead agency
  • Likely exemption class
  • Hazardous-site list (Cortese) check
  • Historical resources
  • State scenic highways

How it works

Notice of Exemption, from one answer

  1. Describe the projectOne answer starts the project. ePlan names it and looks up the place.
  2. See the exemption and the exception check3 more questions, each with a "not sure yet" way out.
  3. Read the notice free; download it for $49The draft marks what to check (amber), what to pick (blue) and what to fill in (violet).

What you get

Notice of Exemption and 4 more documents

The first draft is free to read. Each document after it is drafted from the same confirmed facts.

The first draft

Notice of Exemption (CEQA Guidelines Appendix E)

  1. Project title and location
  2. Description of the project
  3. Public agency approving it; person or agency carrying it out
  4. Exempt status: ministerial, emergency, categorical or statutory, with the section
  5. Reasons the project is exempt
  6. Lead agency contact

Modeled on: 14 CCR 15062

Next · 2

Exemption memo for the record

  1. Project description
  2. Exemption applied and its conditions
  3. Each condition, met or not, with evidence
  4. §15300.2 exceptions reviewed
  5. Sources relied on
Next · 3

§15300.2 exceptions check

  1. (a) Location: Classes 3, 4, 5, 6 and 11 in sensitive environments
  2. (b) Cumulative impact of successive projects
  3. (c) Unusual circumstances
  4. (d) Officially designated state scenic highways
  5. (e) Hazardous waste sites (Gov. Code 65962.5)
  6. (f) Historical resources
Next · 4

Filing checklist

  1. Approve the project first
  2. File with the county clerk (local agency) or State Clearinghouse (state agency)
  3. Keep the stamped copy: the 35-day period runs from filing
Next · 5

Initial Study checklist (Appendix G), when no exemption fits

  1. Project description
  2. Environmental factors potentially affected
  3. Determination
  4. Checklist by topic, with findings and sources

From public data

What ePlan fills in, and from where

35 days

to challenge an exemption once the Notice of Exemption is filed, instead of 180 days without one.
Source: CEQA Guidelines, 14 CCR 15062(d)

Questions

CEQA exemption finder: what people ask

What's the difference between statutory and categorical exemptions?

Statutory exemptions come from the Legislature. Categorical exemptions are classes in the CEQA Guidelines, 14 CCR 15300–15333, and can't be used if a §15300.2 exception applies, such as a historical resource, a listed hazardous-waste site or a state scenic highway.

Source: law.cornell.edu

Do I have to file a Notice of Exemption?

No, but it is worth it. Once the agency approves the project, filing the notice cuts the time to sue from 180 days to 35. Local agencies file with the county clerk; state agencies file with the State Clearinghouse.

Source: law.cornell.edu

What is the common sense exemption?

Under 14 CCR 15061(b)(3), an activity is not subject to CEQA where it can be seen with certainty that there is no possibility it may have a significant effect on the environment.

Source: law.cornell.edu

Does the Class 32 infill exemption have a size limit?

Yes. The site must be inside city limits, no more than five acres, substantially surrounded by urban uses, and of no value as habitat for listed species. The project must fit the general plan and zoning, have adequate utilities and services, and have no significant traffic, noise, air or water-quality effects.

Source: law.cornell.edu

Can a new house use a categorical exemption?

Often. Class 3 covers one single-family residence, or a second dwelling unit in a residential zone, and up to three single-family homes in urbanized areas, unless a §15300.2 exception applies.

Source: law.cornell.edu

The rules this door follows