Questions and Answers about CEQA

General CEQA Questions

I have a general question about CEQA, who do I ask?

CDFW staff cannot make decisions or intercede on CEQA projects under the jurisdiction of another lead agency. CDFW's responsibilities under CEQA, as a California Trustee Agency, is for the State’s fish, wildlife, and plant resources. Please direct project-specific comments or questions to the project's CEQA lead agency. For more general information on CEQA, please visit the Office of Planning and Research webpage.

Does CDFW have templates for notices or environmental documents?

CDFW does not have a standard set of templates for environmental documents or notices for filing with county clerk's or the State Clearinghouse. CDFW generally uses the templates found on the State Clearinghouse website.

I have general questions about CDFW permits and documentation.

Please contact the CDFW regional office that serves the county in which your project is located.

Project Opposition, CEQA, and CDFW

Is CDFW contacted about all CEQA environmental documents? How can I get involved in the CEQA process?

CDFW should be contacted whenever a CEQA project may impact fish or wildlife. CDFW often prepares comment letters to the lead agency when an environmental document may impact fish or wildlife. If you would like to get involved in the CEQA process, you can request to receive notices about a particular project from the lead agency (Pub. Resources Code, § 21092.2). Members of the public can comment on draft environmental documents (Cal. Code Regs., tit. 14, §§ 15201-15204) by contacting the lead agency.

I observed sensitive species in an area where a project is proposed. What can be done?

If you have information or a concern about the project, you should contact the CEQA lead agency. You may also contact the appropriate CDFW regional office if the project may impact fish and wildlife.

Environmental Document Filing

When must my environmental document be filed with the State Clearinghouse?

The CEQA lead agency must submit a draft environmental impact report (EIR) or negative declaration (including mitigated), to the State Clearinghouse when any of the following is true (Cal. Code Regs., tit. 14, § 15205, subd. (b)):

  • The lead agency is a state agency
  • There is a state responsible agency
  • There is a state trustee agency (CDFW is always a trustee agency whenever a project may have any effect on fish and wildlife of the state, even if that effect is considered less than significant by the lead agency)
  • A state agency otherwise has jurisdiction by law with respect to the project
  • The project meets the criteria for “statewide, regional, or area wide significance” set forth in California Code of Regulations, title 14, section 15206
  • A draft environmental impact statement, environmental assessment, or finding of no significant impact is prepared pursuant to the National Environmental Policy Act (NEPA).

Do I need to file a Notice of Determination (NOD) with the State Clearinghouse?

Yes – Effective January 1, 2024, Senate Bill No. 69 (Chapter 860. Statutes of 2024) requires electronic filing of all NODs with the County Clerk in the county or counties where the project is located AND with the State Clearinghouse within five days of project approval.

Our project covers more than one county. Do we need to file the NOD and pay the environmental document filing fee to each county?

You will need to file an NOD in each county (Pub. Resources Code, § 21152, subd. (a)). Each county may charge you a processing fee. However, only one environmental document filing fee is due per project (Cal. Code Regs., tit. 14, § 753.5, subd. (e)(3)). Attach a copy of the original environmental document filing fee cash receipt to each NOD filed (Cal. Code Regs., tit. 14, § 753.5, subd. (e)(4) & (e)(7)).

To which CDFW regional office do we send our environmental document?

For projects located in a single region, send your document to the appropriate regional office (not headquarters). To find our regional office boundaries and email address, see CDFW's region page.

For statewide projects or projects that span across multiple CDFW regions, send the document to each regional office within the project boundary and to the headquarters office at CEQA@wildlife.ca.gov.

Environmental Document Filing Fees

Why do I have to pay an environmental document filing fee when I file the NOD for my CEQA document?

The Legislature authorized CDFW to impose and collect an environmental document filing fee to defray the costs of managing and protecting California’s fish and wildlife resources, which include consulting with public agencies, reviewing environmental documents, recommending mitigation measures and developing monitoring requirements (see Fish & G. Code, § 711.4, subd. (a)). For more information and the current environmental document filing fee schedule visit the environmental document filing fee page.

When did CDFW begin collecting environmental document filing fees?

Assembly Bill 3158, signed by Governor Deukmejian in 1990, established the requirement for CDFW to impose and collect environmental document filing fees (Stats. 1990, ch. 1706, § 4, pp. 8175- 8176).

Why are the environmental document filing fees increasing?

Environmental document filing fees are adjusted annually based on changes to the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the U.S. Department of Commerce (Fish & G. Code, § 713).

To whom should I make the check payable? Do I need two checks, one for the environmental document filing fee and one for the county clerk processing fee?

For local lead agency projects, generally, only one check is needed and it is payable to the County Clerk for the county in which the project is located (e.g., Sacramento County Clerk). Check with your County Clerk for specific instructions. State agencies should make checks payable to the Department of Fish and Wildlife for filing with the State Clearinghouse (Fish & G. Code, § 711.4, subd. (d)).

If my project is categorically or statutorily exempt from CEQA, do I still have to pay the environmental document filing fee?

No – projects that are categorically or statutorily exempt are not subject to environmental document filing fees; however, County Clerks may require you to pay the county document processing fee when you file the notice of exemption (Fish & G. Code, § 711.4, subds. (d)(1) & (e)).

My environmental document was completed last year, but I have not filed the NOD with the County Clerk. Do I have to pay the current environmental document filing fee or the fee that was in place when the document was completed?

Current environmental document filing fees are due at the time the NOD is filed with the county clerk (Cal. Code Regs., tit. 14, § 753.5, subd. (b)(3) & (4)).

Do I need to pay the environmental document filing fee if I paid the fee for a previous document?

Only one environmental document filing fee shall be paid per project unless the project is tiered or phased, or separate environmental documents are required (Fish & G. Code, § 711.4, subd. (g)). Separate environmental documents include environmental impact reports (EIRs), negative declarations, subsequent EIRs and negative declarations, and supplements to EIRs. Only one environmental document filing fee would be required if you used an existing certified EIR for multiple project approvals that would result in no additional effect on fish and wildlife. An additional environmental document filing fee is required if approval of any separate environmental document would result in an effect on fish and wildlife not previously addressed in a certified EIR, Master EIR, Program EIR, Staged EIR, or General Plan EIR (Cal. Code Regs., tit. 14, § 753.5, subd. (e)(3)).

Where can I get environmental document filing fee receipt books?

CDFW discontinued printing hard copy of environmental document filing fee receipt books in 2015, and is now using electronic receipts. You can find the current environmental document filing fee receipt here (PDF Form).

Do county clerks need to get approval to use an alternative environmental document filing fee receipt?

Yes – County Clerks must submit alternative environmental document filing fee receipts to CDFW at CEQA@wildlife.ca.gov  prior to use. CDFW will issue a letter of approval if the alternate environmental filing fee receipt contains all required information (Cal. Code Regs., tit. 14, § 753.5, subd. (e)(7)). Submit the draft alternative environmental document filing fee receipt to CDFW at CEQA@wildlife.ca.gov. CDFW will process your request and respond within 30-days. 

My project was cancelled after I filed the NOD, can I get an environmental document filing fee refund?

No – The environmental document filing fee is due at the time the NOD is filed and is independent of whether the project actually goes forward (Fish & G. Code, § 711.4, subd. (c)(3)).

How long does it take to get a environmental document filing fee refund?

The time it takes to issue a refund varies considerably and can take 3-6 months for the check to be mailed. This timeline and variation are in part because statute prohibits CDFW from accepting fees directly. Fees are paid to county clerks or the State Clearinghouse and transferred between agencies which can create delays.

How are environmental document filing fee payments made for Certified Regulatory Program (CRP) documents?

Prior to filing a notice of decision with the California Natural Resources Agency pursuant to Public Resources Code section 21080.5, the lead agency must either pay an environmental document filing fee or receive a No Effect Determination from CDFW. Environmental document filing fees for CRP documents are paid directly to CDFW (Fish & G. Code, § 711.4, subd. (d)((4)), unless the project has been determined by CDFW to have no effect on fish and wildlife (Cal. Code Regs., tit. 14, § 753.5, subd. (a)(6)).

To pay the Environmental Document Filing Fee, submit a check or money order payable to the Department of Fish and Wildlife by mail and include the Certified Regulatory Program Payee Information Form (PDF) with payment, or, include all requested information in the form with the payment.

For mail:

Department of Fish and Wildlife
Accounting Services Branch
ATTN: Cash Receipts Unit
CRP payment
PO Box 944209
Sacramento, CA 94244-2090

When the filing fee is received by CDFW’s Accounting Services Branch, CDFW will issue a receipt of payment to the lead agency. Agencies can expect to receive their receipts 3-5 business days after CDFW receives payment (i.e., check has cleared). Visit the California Natural Resources Agency web site for more information.

Do I need to pay the environmental document filing fee for an addendum?

Addendums to an EIR or negative declaration are required when there are minor technical changes or necessary additions that do not trigger a subsequent or supplemental CEQA document (Cal. Code Regs., tit. 14, §15164). Therefore, addendums are not considered tiered, phase, or separate environmental documents and do not require an additional environmental document filing fee (Fish & G. Code, § 711.4, subd. (g)). Addendums do not need to be circulated for public review (Cal. Code Regs., tit. 14, §15164, subd. (c)). However, if filing an NOD for the addendum, the prior payment for the project must be used as proof of environmental document filing fee payment at the time of filing the NOD (Cal. Code Regs., tit. 14, §753.5, subd. (e)(6)). If the proof of payment cannot be provided, the current filing fees will be due at the time of filing the NOD.

I work for a state agency, where do I pay my environmental document filing fee?

Make checks payable to the Department of Fish and Wildlife and submit fee to the State Clearinghouse (Fish & G. Code, § 711.4, subd. (d)) when the notice of determination is filed.

No Effect Determinations

How do I know if my project will have no effect on fish and wildlife and be eligible for an environmental document filing fee waiver (i.e., No Effect Determination)?

If you believe your project meets the criteria for an No Effect Determination (NED), complete an NED Request Form and submit it to the appropriate CDFW regional office. For the assessment of environmental document filing fees, a project that causes any disturbance to the habitat on which fish and wildlife may depend, or causes direct harm to fish and wildlife is considered to have an effect on fish and wildlife. A environmental document filing fee is required regardless of project size, magnitude of the effect, or whether the effect on the environment is considered positive or negative (Cal. Code Regs., tit. 14, § 753.5, subd. (d)). CDFW will issue an NED if your project qualifies. Keep the original NED and submit two copies to the County Clerk or State Clearinghouse with the NOD (Cal. Code Regs., tit. 14, § 753.5, subd. (c)(1)). For more information visit the full NED page.

How long does it take to get an No Effect Determination (NED)?

It typically takes 14 to 30 days for CDFW to make a determination if the documentation submitted is complete. If the documentation is incomplete or the project is complex, it could take longer. For more information visit the NED page.

I paid the environmental document filing fee for my project, but subsequently received a No Effect Determination (NED) from CDFW. Can I get a refund?

Yes – Contact CDFW by email CEQA@wildlife.ca.gov. You will need to provide CDFW with a copy of the following documents:

  • NOD for your project;
  • Environmental Document Filing Fee Cash Receipt;
  • Cancelled check or credit card receipt; and
  • NED signed by CDFW.

Upon verification, CDFW will process your refund.

Can I use a “de minimis” filing fee exemption?

No – The Governor signed Senate Bill No. 1535 (2005 – 2006 Reg. Sess.) into law on September 29, 2006. This bill eliminated the fee waiver for projects with a “de minimis” effect on fish and wildlife. This change became effective on January 1, 2007. Applicants who believe their project has no effect on fish and wildlife can request a No Effect Determination (NED) from the appropriate CDFW regional office. Only CDFW can issue an NED (lead agencies can no longer make this determination as it relates to a fee waiver).

If I filed an NOD using a de minimis fee exemption prior to January 1, 2007, can I use that environmental document filing fee receipt to file another NOD?

No – Environmental document filing fee receipts with a de minimis exemption are invalid for waiving current environmental document filing fees if a public agency is filing an NOD for the same environmental document (Fish & G. Code, § 711.4, subds. (c) & (d); Cal. Code Regs., tit. 14, § 753.5, subds. (b) & (e)(1)).

When should we submit a No Effect Determination (NED) request?

You should submit the written request for an NED when the environmental document is released for public review, or as early as possible in the public comment period. Requests should include sufficient documentation to support an NED. A NED will not be issued if insufficient documentation is submitted to CDFW (Cal. Code Regs., tit. 14, § 753.5, subd. (c)(1)(A)). For more information visit the NED web page.

Habitat Conservation Planning Branch
1010 Riverside Parkway, West Sacramento, CA 95605
Mailing: P.O. Box 944209, Sacramento, CA 94244-2090