California Environmental Quality Act (CEQA) Toolbox

Lead Agency Consultation

This page reviews the reasons and procedures for consultations regarding the environmental review for a project in the CEQA process.

Purpose of Consultation

• To assist the lead agency in preparing adequate environmental documents for the project.
• Comments from agencies may constitute substantial evidence supporting a fair argument that a project may have a significant effect on the environment. 
• To ensure that the environmental documents which the responsible agency will later use are in compliance with CEQA.

Reference: Title 14 CCR 15064 (f)(1)

Lead Agency Consultation with Responsible Agencies

Upon determining that an initial study is required, the lead agency shall consult [PRC §21080.1, 21080.3 Title 14 CCR §15063(g)] informally with all responsible agencies (PRC §21069, Tile 14 CCR §15381) and trustee agencies to obtain the recommendations of those agencies whether an environmental impact report (EIR), or negative declaration (ND) should be prepared.

References:

• PRC §21080.1, 21080.3, §21069
• Title 14 CCR §15063(g) & §15381

Response to Consultation

• Responsible agency explains its reasons for recommending whether a lead agency should prepare an EIR or a ND.
• If the responsible agency disagrees with the lead agency's decision to prepare only a ND, the agency should:
  • Identify the significant effects on which it bases its disagreement; and
  • Recommend either that an EIR be prepared or that the project be modified to eliminate any significant effects.

References:

• Title 14 CCR §15096(b)
• PRC §21091(d)(1), 21092.5(a)

Last updated: March 16, 2011