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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.

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