WHAT IS THE DIFFERENCE BETWEEN AN EIR AND A NEGATIVE
DECLARATION (NEG. DEC.)?
- A Negative Declaration is a document
that states upon completion of an initial study, that there is no
substantial evidence that the project may
have a significant effect on the environment.
- An EIR is an informational document
which will inform the public agency decision-makers and
the public generally of:
- the significant environmental effects of a
- possible ways to minimize significant effects
- reasonable alternatives to the project
HOW DOES THE AGENCY DECIDE?
- A Negative Declaration can be prepared only when there is no
substantial evidence in light of the whole
record before the lead agency that the project may
have a significant effect on the environment. (PRC §21080(c)), (14 C.C.R. §15070)
- An EIR must be prepared when there is
substantial evidence in the record that supports a fair
argument that significant effects may
occur. (PRC §21080(d))
- The existence of controversy over the effects of a project does not require preparation of an EIR if there is no substantial evidence in the record that the project may have a significant environmental effect. (PRC §21082.2)
Negative Declarations | Public Resources Code §21080
Decision to Prepare a Negative or Mitigated Negative Declaration | 14 California Code of Regulations §15070
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This file last modified on: Wednesday, May 25, 2005.
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