STATE ENVIRONMENTAL QUALITY REVIEW ACT NEGATIVE DECLARATION 2025

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A Negative Declaration is authorized when the Lead Agency determines that no substantial evidence exists supporting a fair argument of significant effect. A MND applies when changes to the project or mitigation measures reduce the significant effects to a less than significant level or avoid them all together.
A Negative Declaration or Mitigated Negative Declaration is simply a statement that a project will not create significant environmental harm, or that environmental impact has been mitigated to a less than significant level.
A ND is a legal statement that either describes the reasons why a proposed project will not have a significant adverse effects on the environment or that compliance with specific Federal, State, or County regulations would avoid a significant impact and thus does not require an Environmental Impact Report.
Conditional Negative Declaration: A lead agencys written statement and determination that an action may have a significant adverse effect on the environment, but that all such effects can be eliminated or avoided by specific changes in the action or mitigation imposed by the lead agency, if implemented.
A quick primer on NDs and MNDs A Negative Declaration (Neg Dec or ND) is prepared by the lead agency when they believe the project will have no significant environmental impacts.
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Negative declarations refer to the judicial pronouncements where a court confirms that a party is not liable to another, thus preemptively clarifying legal obligations and rights. This instrument is invaluable for parties desiring legal certainty without facing a reactive legal battle.
A Negative Declaration (ND) or a Mitigated Negative Declaration (MND) will be prepared for a project when there is no substantial evidence that the project or any of its aspects could result in significant adverse environmental impacts.

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