Can a negative declaration be based on results of future studies about potential impacts?
No. A negative declaration must be based on the facts available to the lead agency at the time of the determination. Issuing a negative declaration and then requiring the project sponsor to conduct studies to determine the magnitude of an impact is improper. At the time the lead agency makes its negative declaration, the lead agency must have sufficient information to show that no impacts will be significant. 4. Can you balance benefits against adverse impacts to make a negative declaration? No. A negative declaration cannot balance whether the beneficial aspects of a proposed action will outweigh its adverse impacts. Rather, the determination of significance for an action must consider whether the proposal has any probable significant adverse environmental impacts. 5. What information must be contained in a negative declaration? As discussed in 617.12(a), a negative declaration must contain: • A statement that it is a negative declaration for purposes of Article 8 of the Environmental
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