CEQA & environmental
Notice of exemption (NOE)
The post-approval filing for a CEQA-exempt project — cuts the challenge window from 180 days to 35 days from filing.
Definition
The notice of exemption is the filing a lead agency may make after approving a project it found exempt from CEQA — categorically or by statute. Authorized by the CEQA Guidelines, it states the project, the exemption class or statute relied on, and the basis for the finding; the county clerk posts it for 30 days. It is only proper after the approval actually occurs, and under the CEQA statute its filing shortens the limitations period to 35 days.
Why it matters in an underwrite
The 35-day window is what makes exemption strategies financeable: without a filed NOE, exposure runs 180 days from approval. Filing is cheap and same-day; skipping it is an unforced error. Attach or reference the exemption memo — for an infill exemption, the NOE plus a documented eligibility record is essentially the entire litigation defense, since the merits question is just whether the criteria were met.
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.