A lead agency is required to re-circulate a MND when the document must be substantially revised after public notice of its availability has previously been given, but prior to its adoption.

A “substantial revision” of the MND means:

  • A new, avoidable significant effect is identified and mitigation measure[s] or project revision[s] must be added in order to reduce the effect to insignificance, or
  • The lead agency determines that the proposed mitigation measure[s] or project revision[s] will not reduce potential effect[s] to less than significant, and new measures or revisions must be required.

In summary, a MND does not require re-circulation unless there is evidence before the lead agency that the project as proposed will have one [or more] potentially significant environmental impact[s] that has not been mitigated prior to the adoption of the MND.

Reference: 14 CCR Section 15073.5

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