Cal. Code Regs. Tit. 14, § 15112 - Statutes of Limitations

(a) CEQA provides unusually short statutes of limitations on filing court challenges to the approval of projects under the act.

(b) The statute of limitations periods are not public review periods or waiting periods for the person whose project has been approved. The project sponsor may proceed to carry out the project as soon as the necessary permits have been granted. The statute of limitations cuts off the right of another person to file a court action challenging approval of the project after the specified time period has expired.

(c) The statute of limitations periods under CEQA are as follows:

(1) Where the public agency filed a notice of determination in compliance with Sections 15075 or 15094, 30 days after the filing of the notice and the posting on a list of such notices.

(2) Where the public agency filed a notice of exemption in compliance with Section 15062, 35 days after the filing of the notice and the posting on a list of such notices.

(3) Where a certified state regulatory agency files a notice of decision in compliance with Public Resources Code Section 21080.5(d)(2)(E), 30 days after the filing of the notice.

(4) Where the Secretary for Resources certifies a state environmental regulatory agency under Public Resources Code Section 21080.5, the certification may be challenged only during the 30 days following the certification decision.

(5) Where none of the other statute of limitations periods in this section apply, 180 days after either:

(A) The public agency's decision to carry out or approve the project, or

(B) Commencement of the project if the project is undertaken without a formal decision by the public agency.

Notes

Cal. Code Regs. Tit. 14, § 15112

1. Change without regulatory effect amending subsection (c)(3) filed 7-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 30).
2. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21167, 21167.3 and 21080.5, Public Resources Code; Kriebel v. City Council, 112 Cal. App. 3d 693; Citizens of Lake Murray Area Association v. City Council, (1982) 129 Cal. App. 3d 436.

1. Change without regulatory effect amending subsection (c)(3) filed 7-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 30).
2. Change without regulatory effect amendingNote filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).