Usually, they don’t. The California Environmental Quality Act (CEQA) requires an Environmental Impact Report (EIR) if there is strong evidence that a project might significantly affect the environment. The detail in an EIR should match the project’s size, so smaller projects often need less detailed analysis.
In most cases, you may only need to submit a Negative Declaration (ND). This is a written statement by the CEQA Lead Agency explaining why the project won’t significantly affect the environment.
What small-scale projects do not need a full EIR?
CEQA exempts some small-scale projects from needing a full EIR. These can include:
- Small changes to land, building small structures and developing unused land in cities.
- Projects where studies show they won’t significantly harm the environment.
- Small technical changes or additions to previously approved projects.
- Projects that rely on broader EIRs for general plans or policies, focusing only on specific issues not covered before.
Consult with an attorney to make sure your specific project meets the exemption criteria.
When do you need an ND?
Small-scale projects that only need an ND usually include infill projects that meet specific eligibility requirements. These often involve developing new buildings or structures within existing urban areas, typically on vacant or underutilized land. This can include:
- New homes or apartments built in existing neighborhoods.
- Offices, shops or other business spaces added to urban areas.
- Mixed-use developments that combine residential, commercial and retail spaces in one project to create vibrant, walkable communities
Small walkable community projects and projects that follow local regulations to reduce adverse environmental effects – such as noise regulations, dust control and stormwater management – only need an ND as well.
Do your due diligence
Make sure that you have all your bases covered for your project. Seek legal guidance and counsel to ensure you meet all the requirements under CEQA.