Buildability- CEQA (California Environmental Quality Act)
- California's state law requiring environmental review for most discretionary government approvals, including many building permits and zoning changes. CEQA review can take months to years and add significant cost. Many California projects are structured specifically to qualify for CEQA exemptions (categorical, statutory, or class) to avoid the review process.
- NEPA (National Environmental Policy Act)
- The 1970 federal law requiring environmental review for any major federal action significantly affecting the human environment — federal permits, federal funding, or federal land. The federal analog to California's CEQA. NEPA review proceeds in three tiers: a Categorical Exclusion (CatEx) for routine actions, an Environmental Assessment (EA) for uncertain impacts, or a full Environmental Impact Statement (EIS) for significant ones. NEPA applies when federal agencies like the Army Corps, FHWA, HUD, or BLM are involved.
- EIR / EIS (Environmental Impact Report / Statement)
- The detailed environmental review document required for projects with significant environmental impacts. EIR is the California term under CEQA; EIS is the federal term under NEPA. Preparation commonly runs well over a year with substantial consultant costs; no typical figure is on record here. EIRs and EISs analyze project alternatives, mitigation measures, and cumulative impacts across air, water, biology, noise, traffic, and greenhouse gas. Triggering a full EIR is one of the largest cost and timeline risks in discretionary entitlement.
- Section 404 (Clean Water Act)
- The federal permitting requirement for any project that discharges dredged or fill material into Waters of the United States, including most wetlands. Section 404 permits are issued by the U.S. Army Corps of Engineers and can add 6 to 24 months and tens of thousands of dollars to a project. Wetland presence on a parcel often triggers Section 404 review.
- WOTUS (Waters of the United States)
- The federal definition of waters subject to Clean Water Act jurisdiction, including navigable waters, interstate waters, tributaries, and adjacent wetlands. The WOTUS definition has shifted across administrations, most recently narrowed by the Supreme Court's 2023 Sackett v. EPA decision. Properties with WOTUS overlap typically require Section 404 permitting before development.
- EPA (Environmental Protection Agency)
- The federal agency responsible for administering the Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act (RCRA), and Superfund cleanup program, among many others.
- Superfund
- The federal program (formally CERCLA — the Comprehensive Environmental Response, Compensation, and Liability Act) for cleaning up the worst contaminated sites in the U.S. Active sites on the National Priorities List (NPL) number around 1,300. Proximity to a Superfund site materially affects a deal: lender reluctance, insurance limitations, and potential future liability exposure even for properties merely adjacent to the designated area.
- RCRA (Resource Conservation and Recovery Act)
- The federal law governing hazardous waste from cradle to grave — generators, transporters, and treatment/storage/disposal facilities (TSDFs). A property with RCRA-listed facility history (especially a 'large quantity generator' or TSDF) typically triggers Phase I and Phase II environmental site assessments and can carry substantial cleanup liability even for an innocent purchaser.
- Brownfield
- A property whose redevelopment is complicated by the presence (or perceived presence) of hazardous substances, pollutants, or contaminants. Brownfield sites can qualify for federal EPA cleanup grants and state liability protection programs. Brownfield status significantly affects financing, insurance, and remediation cost.
- Phase I ESA (Environmental Site Assessment)
- The standardized environmental due-diligence report (ASTM E1527) reviewing a property's history for potential contamination — prior uses, adjacent sites, regulatory records, interviews, and site reconnaissance. Required by most commercial lenders and triggers CERCLA 'innocent landowner' liability protection for the buyer. Phase I identifies Recognized Environmental Conditions (RECs) — findings that may require a Phase II ESA (soil and groundwater sampling). Cost and timeline are quoted by the environmental consultant and vary with the site.
- Radon zone
- The EPA classification of predicted indoor radon concentration by county. Zone 1: predicted average ≥ 4 pCi/L (high — at or above EPA's action threshold). Zone 2: 2-4 pCi/L (moderate). Zone 3: below 2 pCi/L (low). Zone 1 and Zone 2 classification often triggers radon-resistant construction requirements in new builds and testing recommendations in home sales. Results vary house-to-house even within a single county because radon is a function of soil gas and foundation design.
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