CEQA & environmental
Negative declaration (ND)
A CEQA finding, after an initial study, that a project has no significant environmental effects — no EIR needed; 30-day challenge window once the NOD is filed.
Definition
A negative declaration is the lead agency's written determination under the CEQA statute that, based on an initial study, there is no substantial evidence the project may have any significant environmental effect — so no EIR is required. The document circulates for public review (20 days, or 30 when routed through the State Clearinghouse) and is adopted before the project is approved, per the CEQA Guidelines. Where impacts exist but mitigation reduces them below significance, the document becomes a mitigated negative declaration instead.
Why it matters in an underwrite
Pure NDs are rare for development of any scale: under the fair-argument standard, any substantial evidence of a potential significant impact — a credible expert letter is enough — defeats the ND and forces mitigation or an EIR. For housing, plan on an MND at best, or better, an exemption. The 30-day statute of limitations runs from the filed notice of determination, so file it the day of approval.
Sources & related guides
See also
See the term in the law itself
Read the controlling text in the Code Library, or ask the AI how it applies to your project.
Last reviewed 2026-07-29. General information, not legal advice.