Why file a Notice of Exemption?

• If a NOE is filed, a shorter statute of limitations of 35 days commences for any challenge to the agency decision
• If a NOE is not filed, the normal 180 day statute of limitations will apply

When should a Notice of Exemption be filed?

• A NOE may be filed, but is not required, after a public agency decides that a project is exempt from CEQA and grants approval of the project
• There is no time limit for filing a NOE after approval of the project

Who files a Notice of Exemption?

• Either the lead agency or the applicant may file a NOE

Where should a Notice of Exemption be filed?

• If the lead agency is a state agency, the agency or the applicant must file with the Office of Planning & Research
• If the lead agency is a local agency, the agency or the applicant must file with the county clerk of the county in which the project will be located

Contents of a Notice of Exemption

A NOE must contain the following items:

• a brief project description
• a finding that the project is exempt from CEQA, including a citation to the relevant statute or guidelines section
• a brief statement of reasons to support the findings
• sample notice

Statutory References

• State agency approval | Public Resources Code §21108
• Local agency approval | Public Resources Code § 21152
• Statute of Limitations | Public Resources Code §21167

Guidelines References

• Notice of Exemption | 14 California Code of Regulations §15062
• Sample Notice | Appendix E

Selected Cases

• City of Pasadena v. State of California (1993) 14 Cal.App.4th 810
• Dunn-Edwards Corp. v. Bay Area Air Quality Management Dist. (1992) 9 Cal.App.4th 644
• Centinela Hospital Association v. City of Inglewood (1990) 225 Cal.App.3d 1586
• Lewis v. Seventeenth District Agricultural Association (1985) 165 Cal.App.3d 823
• International Longshoremen’s & Warehousemen’s Union v. Board of Supervisors (1981) 116 Cal.App.3d 265