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No Effect Determination (NED) Process

For additional explanations of the regulations and procedures regarding NEDs please see the No Effect Determinations Detailed Instructions link at the bottom of this page.

Fish and Game (DFG) filing fees are required at the time a Notice of Determination (NOD) is filed (Fish and Game Code (FGC) § 711.4). This fee can be waived if a no effect determination (NED) is received from DFG. “De minimis” determinations by lead agencies are no longer an acceptable fee waiver and were replaced with NEDs when Senate Bill 1535 became law on January 1, 2007. DFG filing fees are not required for categorical exemptions and statutory exemptions (FGC § 711.4(d)(1), therefore NEDs are not required for these exemptions (a county processing fee may still apply for processing a Notice of Exemption).

Assessment of CEQA filing fees is independent of the lead agency’s determination of significance for an environmental document. Any project that causes a physical disturbance to habitat is not eligible for a NED regardless of the magnitude of effect or the size of project. A filing fee is required regardless of whether the effect to habitat is considered positive or negative. DFG may determine that a project would have no effect on fish and wildlife if all of the following apply (14 California Code of Regulations (CCR) § 753.5(d)):

  • The project would not result in or have the potential to result in harm, harassment, or take of any fish and/or wildlife species. “Take” means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill (FGC § 86). “Wildlife” means and includes all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability (FGC § 711.2).
  • The project would not result in or have the potential to result in direct or indirect destruction, ground disturbance, or other modification of any habitat that may support fish and/or wildlife species.
  • The project would not result in or have the potential to result in the removal of vegetation with potential to support wildlife.
  • The project would not result in or have the potential to result in noise, vibration, dust, light, pollution, or an alteration in water quality that may affect fish and/or wildlife directly or from a distance.
  • The project would not result in or have the potential to result in any interference with the movement of any fish and/or wildlife species.

If you think your project meets the criteria for a NED:

  • Complete a NED Request Form (link at bottom of page) and send to the appropriate DFG regional office (link at bottom of page) with the environmental document (a written request containing the equivalent information may also be used). For projects that are statewide in scope send the NED Request Form to DFG, Habitat Conservation Planning Branch, CEQA Program, 1416 9th Street, Sacramento, CA 95814 or email to CEQA@dfg.ca.gov.
  • Emailing request forms is preferred and will expedite the process. Contact the appropriate DFG regional office to get the correct email address. Digital files for supporting documents are preferred but can not be emailed if they are larger than 20 MB. Please send a weblink if documents are available online or mail a compact disk of documents to DFG.
  • The request should be submitted when the CEQA document is released for public review, or as early as possible in the public comment period.
  • If you receive a NED, keep the original NED and submit two copies to the county clerk (for local agencies) or Office of Planning and Research-State Clearinghouse (state agencies) along with the Notice of Determination (14 CCR § 753.5(c)(2)).

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