Cal. Code Regs. tit. 14 § 764

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 764 - Decision to Prepare an EIR

If the Department of Fish and Game finds after an Initial Study that the project may have a significant effect on the environment, Fish and Game must prepare or cause to be prepared an Environmental Impact Report. An EIR should be prepared whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment. An EIR should be prepared when there is serious public controversy concerning the environmental effect of a project. Controversy not related to an environmental issue does not require the preparation of an EIR.

The purpose of EIRs is set forth in Section 15012 of the State EIR Guidelines stating in part:

"An Environmental Impact Report is an informational document which, when fully prepared in accordance with the CEQA and these guidelines, will inform public decision-makers and the general public of the environmental effects of the projects they propose to carry out or approve."

(a) Early Consultation.

(1) Before completing a draft EIR consisting of the information specified in Sections 15141, 15142, and 15143 of the State EIR Guidelines, Fish and Game shall consult with all Responsible Agencies. In addition, if it has not already done so, Fish and Game should also consult directly with any person or organization it believes will be concerned with the environmental effects of the project. Many public agencies have found that early consultation solves many potential problems that would arise in more serious form later in the review process.

(2) For projects where federal involvement might require preparation of a federal EIS, Fish and Game should consult with the appropriate federal agency on the need for an EIS. If both an EIR and EIS are needed, the documents should be prepared jointly where federal regulations or procedures allow, or the EIR should be prepared pursuant to Section 15063 of the State EIR Guidelines. Preparation of a separate EIR and EIS for the same project should be avoided, if possible.

Cal. Code Regs. Tit. 14, § 764

Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.