California Department of Resources Recycling and Recovery (CalRecycle) 

CEQA Toolbox

Notice of Exemption (NOE)

What an NOE Contains

  • A brief description, including location, of the proposed project
  • A finding that the project as proposed is exempt from CEQA
  • A citation to the applicable exemption in the statute or CEQA Guidelines
  • A brief statement of reasons supporting the finding that there is no possibility that the activity in question (project) may have a significant effect on the environment

Reference: 14 CCR Section 15062(a)

Filing an NOE

  • The public agency or the applicant may file an NOE with the county clerk of each county in which the project will be located at time of project approval.
  • If state agency(ies) involved in subsequent project approval(s), the state agency files the NOE with the State Clearinghouse.
  • The county clerk shall post the NOE within 24 hours.
  • The NOE shall remain posted for 30 days.
  • The local public agency shall retain the NOE for not less than 12 months.

Reference: 14 CCR Section 15062(c)

Limitations granted by a Notice of Exemption

  • Filing and posting of NOE starts a 35-day statute of limitations period on legal challenges to the decision that the project is exempt.
  • If an NOE is not filed, a 180-day statute of limitations applies.

Reference: 14 CCR Section 15062(d)

CEQA Exemption Home

Last updated: September 6, 2013
Permit Toolbox, http://www.calrecycle.ca.gov/SWFacilities/Permitting/
Kevin Taylor: Kevin.Taylor@calrecycle.ca.gov (916) 341-6582