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When a lead agency determines that a project is exempt from CEQA, the lead agency may file a Notice of Exemption (NOE). Filing a NOE is voluntary. If a state agency files a NOE, it must be filed with OPR. If a local agency files a NOE, it must be filed with the County Clerk (PRC 21108(b) and 21152(b)).
Categorical exemptions are identified by the State Resources Agency for “classes” of projects as defined in the CEQA Guidelines (§§15300-15333) that have been determined not to have a significant effect on the environment and are therefore exempt from the provisions of CEQA to prepare environmental documents.
CEQA only applies to projects that require discretionary permits from a state public agency. The agency must have some discretion in how the project can be conducted for CEQA to apply, and the project must be one that could result in an adverse change to the environment.
(d) The filing of a Notice of Exemption and the posting on the list of notices start a 35 day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA.
When a lead agency determines that a project is exempt from CEQA, the lead agency may file a Notice of Exemption (NOE). Filing a NOE is voluntary. If a state agency files a NOE, it must be filed with OPR. If a local agency files a NOE, it must be filed with the County Clerk (PRC 21108(b) and 21152(b)).
Notices of Decision or Determination – A Notice of Decision or Determination (NOD) is a brief notice to be filed by a public agency after it approves or determines to carry out a project which is subject to the requirements of CEQA.