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Where two or more public agencies will be involved with
a project, the determination of which agency will be the lead agency shall
be governed by the following criteria:
- If the project will be carried out by a public agency, that agency
shall be the lead agency even if the project would be located within the
jurisdiction of another public agency.
- If the project is to be carried out by a nongovernmental person or
entity, the lead agency shall be the public agency with the greatest
responsibility for supervising or approving the project as a whole. The lead agency will normally be the agency with general
governmental powers, such as a city or county, rather than an agency
with a single or limited purpose such as an air pollution control
district or a district which will provide a public service or public
utility to the project.
- Where more than one public agency equally meet the criteria, the
agency that acts first on the project in question shall be the lead
agency.
- Where there are two or more public agencies with a substantial claim
to be the lead agency, the public agencies may by agreement designate an
agency as the lead agency. An agreement may also provide for cooperative
efforts by two or more agencies by contract, joint exercise of powers, or
similar devices.
References:
Title 14, CCR, Lead Agency
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