Disclosure in a Mitigated Negative Declaration

The purpose of a MND is to disclose to the public the reasons why a governmental agency approved a project in the manner the agency chose.

Preparing a MND necessarily involves some degree of forecasting. While foreseeing the unforeseeable is not possible, an agency must use its best efforts to find out and disclose all that it reasonably can.

Reference: 14 CCR Sections 15002 and 15144

Incorporation by Reference

A MND may incorporate by reference all, or portions of, another document that is a matter of public record, or is generally available to the public.

When part of another document is incorporated by reference into a MND, the following conditions must be met:

  • The referenced document shall be made available to the public for inspection at a public place or public building. The MND shall state where the incorporated documents will be available for inspection.
  • The incorporated part of the referenced document shall be briefly summarized where possible, or briefly described if the data or information cannot be summarized.
  • If the referenced document has previously been reviewed through the state review system, the State Clearinghouse number of the incorporated document should be included in the summary.

Incorporation by reference is most appropriate for including long, descriptive, or technical materials that provide general background but do not contribute directly to the analysis of the problem at hand.

Reference: 14 CCR Section 15150

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