"No Net Loss" Law Memo

The purpose of the No Net Loss Law (Government Code Section 65863) is to ensure development opportunities remain available throughout the planning period to accommodate a jurisdiction’s regional housing need allocation, especially for lower- and moderate- income households. This memorandum provides guidance in understanding and implementing the No Net Loss Law.

The memorandum includes information on:

  • The background of the No Net Loss Law
  • The scope for the No Net Loss Law and guidelines to determine whether it applies to your jurisdiction
  • Responsibilities and requirements of the No Net Loss Law
  • Guidelines and parameters for maintaining sites
  • Jurisdiction actions
  • Lower-density development approval
  • California Environmental Quality Act (CEQA) considerations
  • Consequences of a failure to comply with the No Net Loss Law
  • Additional resources on No Net Loss and meeting your Regional Housing Needs Allocation (RHNA)