---
title: "Check a development file when a generative assessment tool is in use"
url: "https://ailawframework.com/practice/planning-and-environment/prepare-a-state-significant-development-application-where-nsw-ai-assessm/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A12-B1-1-US"
practice_area: "Planning & Environment"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check a development file when a generative assessment tool is in use

> Record whether the project file would be entered into a generative tool that discloses it, and list each item on the agency published application list that the draft does not yet contain.…

Canonical page: https://ailawframework.com/practice/planning-and-environment/prepare-a-state-significant-development-application-where-nsw-ai-assessm/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Planning & Environment](https://ailawframework.com/practice/planning-and-environment.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Record whether the project file would be entered into a generative tool that discloses it, and list each item on the agency published application list that the draft does not yet contain. Write no application, and do not describe the tool output as the agency assessment. |
| What the lawyer must review | Government Code section 65940(a)(1) requires each public agency to compile a list specifying in detail the information required from an applicant for a development project, and to revise that list to include a certification of compliance with section 65962.5 and the statement of application required by section 65943. Copies are available to applicants and to any person who asks. Subsection (b) requires the list, where applicable, to identify whether the project is within 1,000 feet of a military installation, beneath a low-level flight path, or within special use airspace as defined in Public Resources Code section 21098, and within an urbanized area as defined in section 65944. Those four cross-referenced sections were not opened. A local application is not a detailed statement under 42 USC section 4332(C). CEQ regulations formerly in 40 CFR parts 1500 to 1508 were removed effective 8 January 2026. No opened rule lets an assessment tool replace the agency list or the application. Opinion 512 requires a person to verify generative output. Model Rule 1.6 forbids revealing information relating to the representation by putting it into a tool that discloses it, unless the client gives informed consent or an exception applies. |
| Written for | United States |
| Applies to | [Prepare a state significant development application where NSW AI assessment tools are in use](https://ailawframework.com/practice/planning-and-environment/prepare-a-state-significant-development-application-where-nsw-ai-assessm.md) |

## Checking plan

- What the AI does: Record whether the project file would be entered into a generative tool that discloses it, and list each item on the agency published application list that the draft does not yet contain. Write no application, and do not describe the tool output as the agency assessment.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- There is no United States equivalent, in the sources opened, of a New South Wales state-significant development pathway.
- Open sections 65962.5 and 65943 before you describe the certification or the statement of application.

## Sources

- [California Government Code section 65940 (list of information required for a development project)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65940.) (checked 2026-10-22)
- [42 USC 4332 (detailed statement for major federal actions)](https://www.law.cornell.edu/uscode/text/42/4332) (checked 2026-10-22)
- [Federal Register 2026-00178, removal of CEQ NEPA implementing regulations](https://www.federalregister.gov/documents/2026/01/08/2026-00178/removal-of-national-environmental-policy-act-implementing-regulations) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*