CEQA & environmental
Notice of determination (NOD)
The notice a lead agency files after approving a CEQA-reviewed project — filing starts the 30-day statute of limitations for court challenges.
Definition
The notice of determination is the post-approval filing for a project reviewed under a negative declaration, MND, or EIR. Under the CEQA statute, a local lead agency files it with the county clerk within five working days of approval (state agencies file with the Governor's Office of Planning and Research), and the clerk posts it for 30 days. The NOD identifies the project, the document relied on, and whether mitigation and findings were adopted — and its filing is what compresses the challenge window.
Why it matters in an underwrite
Thirty days with a filed NOD versus 180 days without: no lender or equity partner treats those as the same risk. Standard practice is filing the day of approval and calendaring the unchallenged expiration as the real entitlement date — many deals won't close before it passes. A defective NOD (wrong project description, premature filing) can forfeit the short window, so treat the form as a legal document, not clerical paperwork.
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.