---
title: "Record the limit once an agency action is nondiscretionary"
url: "https://ailawframework.com/practice/planning-and-environment/record-the-limits-once-a-non-discretionary-development-standard-is-met/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A12-FL20261022-18-US"
practice_area: "Planning & Environment"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record the limit once an agency action is nondiscretionary

> Use this only where the lawyer has marked that the proposed agency action is nondiscretionary and that the agency has no authority to take environmental factors into account in deciding whether to take it.…

Canonical page: https://ailawframework.com/practice/planning-and-environment/record-the-limits-once-a-non-discretionary-development-standard-is-met/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 | Use this only where the lawyer has marked that the proposed agency action is nondiscretionary and that the agency has no authority to take environmental factors into account in deciding whether to take it. If that mark is made, record that section 4336(a)(4) says an environmental document is not required. If the mark is not made, leave the row blank. Do not decide that the action is nondiscretionary. Do not say the agency must approve the action. |
| What the lawyer must review | The lawyer decides whether the action is nondiscretionary in the sense the section uses. Section 4336(a)(4) says an agency is not required to prepare an environmental document if the proposed agency action is a nondiscretionary action with respect to which the agency does not have authority to take environmental factors into consideration in determining whether to take the proposed action. Section 4336e defines an environmental document as an environmental impact statement, an environmental assessment, or a finding of no significant impact. The section does not say the agency must grant a permit, and it does not say the agency must not impose a condition. Those questions were not opened. |
| Written for | United States |
| Applies to | [Record the limits once a non-discretionary development standard is met](https://ailawframework.com/practice/planning-and-environment/record-the-limits-once-a-non-discretionary-development-standard-is-met.md) |

## Checking plan

- What the AI does: Use this only where the lawyer has marked that the proposed agency action is nondiscretionary and that the agency has no authority to take environmental factors into account in deciding whether to take it. If that mark is made, record that section 4336(a)(4) says an environmental document is not required. If the mark is not made, leave the row blank. Do not decide that the action is nondiscretionary. Do not say the agency must approve the action.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- This is a NEPA threshold. It is not a zoning rule that a numerical standard, once met, bars a more onerous condition.
- The other thresholds in section 4336(a) are not applied in this task.

## Sources

- [42 USC 4336, procedure for determination of level of review](https://www.law.cornell.edu/uscode/text/42/4336) (checked 2026-10-22)
- [42 USC 4336e, National Environmental Policy Act definitions](https://www.law.cornell.edu/uscode/text/42/4336e) (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.*