Legal Definitions - negative declaration

A negative declaration is an official finding made by a local government body, such as a city council or county board, stating that a proposed development project or activity is unlikely to cause any significant negative impact on the environment. When a negative declaration is issued, it means the project can proceed without the need for a more extensive and detailed environmental impact report (EIR), which is a comprehensive study typically required for projects with potentially significant environmental effects.

Here are some examples illustrating how a negative declaration might be applied:

• Example 1: Small Community Garden Project

  A neighborhood association proposes to convert a small, unused vacant lot, previously paved over, into a community garden. The plan involves removing the old asphalt, bringing in topsoil, and installing raised garden beds and a small shed for tools. The local planning department reviews the proposal and determines that because the project is small-scale, involves no new construction beyond a shed, and is replacing an impermeable surface with green space, it will not have any significant adverse environmental effects. They issue a negative declaration, allowing the project to move forward without a full environmental impact report.

• Example 2: Interior Renovation of an Existing Commercial Building

  A company plans to extensively renovate the interior of an existing, multi-story office building in a downtown area to modernize its workspaces. The renovation will not change the building's exterior footprint, height, or overall use, nor will it significantly increase traffic or demand for public services beyond what the building already generates. The city's environmental review board concludes that since the project is confined to interior changes within an established structure in an already developed area, it poses no new significant environmental risks. Consequently, they issue a negative declaration, meaning the company does not need to prepare a detailed environmental impact report.

• Example 3: Installation of a Cell Tower on Existing Utility Pole

  A telecommunications company proposes to attach a small cellular antenna and associated equipment to an existing, tall utility pole located within an industrial park. The installation requires no new ground disturbance, no new access roads, and the pole is already part of the existing infrastructure. The county's planning commission evaluates the proposal and finds that, given the minimal physical changes and the location within an already developed industrial zone, the project will not significantly impact local wildlife, air quality, or scenic views. They issue a negative declaration, allowing the installation to proceed without a comprehensive environmental impact report.