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Local general plans are included, even though they are subject to future
change. Proposed plans should also be addressed if they have been formally
proposed by the appropriate government body in a written form, and are being
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actively pursued by officials of the jurisdiction. Staged plans, which must go
through phases of development such as the Water Resources Council's Level A,
B, and C planning process should also be included even though they are
incomplete.
The term "policies" includes formally adopted statements of land use policy as
embodied in laws or regulations. It also includes proposals for action such as
the initiation of a planning process, or a formally adopted policy statement
of the local, regional or state executive branch, even if it has not yet been
formally adopted by the local, regional, or state legislative body.
23c. Q. What options are available for the decision maker when conflicts with
such plans or policies are identified?
A. After identifying any potential land use conflicts, the decision maker must
weigh the significance of the conflicts, among all the other environmental and
non-environmental factors that must be considered in reaching a rational and
balanced decision. Unless precluded by other law from causing or contributing
to any inconsistency with the land use plans, policies or controls, the
decision maker retains the authority to go forward with the proposal, despite
the potential conflict. In the Record of Decision, the decision maker must
explain what the decision was, how it was made, and what mitigation measures
are being imposed to lessen adverse environmental impacts of the proposal,
among the other requirements of Section 1505.2. This provision would require
the decision maker to explain any decision to override land use plans,
policies or controls for the area.
24a. Q. When are EISs required on policies, plans or programs?
A. An EIS must be prepared if an agency proposes to implement a specific
policy, to adopt a plan for a group of related actions, or to implement a
specific statutory program or executive directive. Section 1508.18. In
addition, the adoption of official policy in the form of rules, regulations
and interpretations pursuant to the Administrative Procedure Act, treaties,
conventions, or other formal documents establishing governmental or agency
policy which will substantially alter agency programs, could require an EIS.
Section 1508.18. In all cases, the policy, plan, or program must have the
potential for significantly affecting the quality of the human environment in
order to require an EIS. It should be noted that a proposal "may exist in fact
as well as by agency declaration that one exists." Section 1508.23.
24b. Q. When is an area-wide or overview EIS appropriate?
A. The preparation of an area-wide or overview EIS may be particularly useful
when similar actions, viewed with other reasonably foreseeable or proposed
agency actions, share common timing or geography. For example, when a variety
of energy projects may be located in a single watershed, or when a series of
new energy technologies may be developed through federal funding, the overview
or area-wide EIS would serve as a valuable and necessary analysis of the
affected environment and the potential cumulative impacts of the reasonably
foreseeable actions under that program or within that geographical area.
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