Step 4a: Issuing Negative Declarations for Type I and Unlisted Actions
Every negative declaration must:
- identify the relevant areas of environmental concern;
- thoroughly analyze the relevant concerns; and
- document the determination, in writing, showing the reasons why the environmental concerns that were identified and analyzed will not be significant.
Unsupported statements such as "The action will not have a significant impact." or "No significant impacts were identified in the EAF " are assertions that are not legally sufficient for a negative declaration. Such statements must be supported with adequate detail to explain why there will be no significant impacts.
For a Type I action, the agency must, in addition to maintaining a file that is readily accessible to the public, prepare, file, publish and distribute the Negative Declaration as described in section 617.12
For an Unlisted Action, the reviewing agency must maintain a file readily accessible to the public containing the Negative Declaration.