MITIGATED NEGATIVE DECLARATION UNDER CEQA
A Mitigated Negative Declaration (MND) under the California Environmental Quality Act (CEQA) is used when a project’s Initial Study identifies potentially significant environmental impacts, but revisions or mitigation measures reduce these effects to a less than significant level. Key requirements for an MND involve the Initial Study, incorporating mitigation measures, public review, agency findings, and monitoring. An experienced attorney can help guide clients through the CEQA process and related land use issues.
Core Requirements
Initial Study (IS): A lead agency must conduct an Initial Study to assess potential environmental impacts, forming the basis for determining that the project, with mitigation, will not cause significant effects. The Initial Study must accompany the Mitigated Negative Declaration during public review.
Incorporation of Mitigation Measures: The project must include specific measures or conditions to mitigate identified impacts. The Mitigated Negative Declaration must identify feasible mitigation measures, provide evidence supporting their effectiveness, and specify where the project record can be examined.
No Substantial Evidence of Significant Impact (after mitigation): A Mitigated Negative Declaration can be adopted only if the lead agency finds no substantial evidence that the project, with revisions and mitigation, will significantly impact the environment.
Independent Judgment: The Mitigated Negative Declaration must reflect the lead agency’s independent analysis and judgment.
Procedural Requirements
Public Notice and Review: The lead agency must announce the draft Mitigated Negative Declaration’s availability for public review. This involves publishing notice, posting on and off-site, and mailing to nearby property owners. The agency must consider public comments before a final decision.
Mitigation Monitoring and Reporting Program: When adopting an MND, the agency must also adopt a Mitigation Monitoring and Reporting Program (MMRP) to track the required mitigation measures.
Notice of Determination: After approving the project and the Mitigated Negative Declaration, the lead agency files a Notice of Determination (NOD) with the State Clearinghouse. The NOD includes project details, approval date, the finding of no significant effect, confirmation of MND preparation, and where the MND can be reviewed. Filing the NOD initiates a 30-day period for legal challenges to CEQA compliance.
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