On January 12, 2025, California Governor Gavin Newsom issued Executive Order N-4-25 suspending the application of the California Environmental Quality Act (CEQA) and the California Coastal Act (Coastal Act) for projects to repair, restore, demolish or replace property or facilities substantially damaged by fires during the State of Emergency in Los Angeles and Ventura Counties. Executive Order N-4-25 follows on executive orders the Governor issued in the preceding days proclaiming a State of Emergency in Los Angeles and Ventura County due to fire and windstorm conditions and bolstering emergency response to the fires.
Pursuant to Executive Order N-4-25, CEQA and the Coastal Act are suspended with respect to properties and facilities that are in substantially the same location and do not exceed 110% of the footprint and height of properties and facilities that were legally established and existed immediately before January 7, 2025. In order for the Governor’s mandate to be implemented as intended, state legislation clarifying the Coastal Commission’s authority to approve reconstruction of destroyed and damaged seawalls and other infrastructure will likely be necessary.
The order also directs the Department of Housing and Community Development (HCD), the Office of Land Use and Climate Innovation (formerly the Governor’s Office of Planning and Research), the Office of Emergency Services, and the Department of General Services (DGS) to provide a report identifying other state permitting requirements that may unduly impede efforts to rebuild, and to update the report every 60 days as appropriate.
DHS, the Office of the State Fire Marshall, and the California Energy Commission are directed to report within 60 days on any recommended suspension of energy efficiency regulations for projects.
HCD is also directed to work with local governments to identify procedures to ensure that all necessary local approvals can be obtained within 30 days.
The order states that the Palisades, Eaton, Hurst, Lidia, Sunset and Woodley Fires in Los Angeles and Ventura Counties have collectively destroyed or damaged more than 12,000 structures. It also states these structures include homes and businesses. The order acknowledges the high cost of housing in Los Angeles County and concludes that the damage caused by the fires is likely to increase the cost of housing and the homeless crises in effected cities.
The order also signals the Governor’s desire to seek future statutory amendments to streamline governmental approvals for reconstruction projects, and to seek legislation encouraging additional fire hardening for new construction and enhancements of fire mitigation and response capacity within rebuilt areas.
