Permitting & Approvals
Understanding federal and state requirements.
The development of offshore wind energy projects in the United States is guided by federal and state permitting processes designed to ensure the responsible siting, planning, construction, operation, and decommissioning of projects. To obtain permits, offshore wind developers must support their projects with extensive environmental, economic, and social research and analyses. Developers spend years collecting data and engaging with stakeholders to create comprehensive permitting applications detailing how they will responsibly develop their projects.
There are opportunities for public comment throughout the federal and state approvals processes. The agencies responsible for permitting carefully consider these comments and make recommendations accordingly as to whether project plans should be approved, modified, or rejected.
Federal Authorizations and Consultations
Offshore wind projects are typically built in federal waters and must abide by federal laws (note: federal waters are inclusive of all waters more than three nautical miles from shore). The below table provides an overview of federal permitting and consultation requirements for offshore wind generation and transmission development.
| Permitting/Consultation Requirement | Federal Regulatory Agency |
|---|---|
|
Obtain a commercial lease of submerged lands for renewable energy development |
Bureau of Ocean Energy Management (BOEM) |
|
Receive approval for a Site Assessment Plan (SAP) |
BOEM |
|
Receive approval for a Construction and Operations Plan (COP) |
BOEM |
|
Receive approval for a Facility and Design Report (FDR) |
BOEM |
|
Receive approval for a Fabrication and Installation Report (FIR) |
BOEM |
|
Consultations pertaining to:
|
National Oceanic and Atmospheric Administration (NOAA) Fisheries NOAA Fisheries, U.S. Fish and Wildlife Servcie (USFWS) Advisory Council on Historic Preservation NOAA Fisheries, USFWS |
|
Receive permit for subsea cables under the Clean Water Act |
U.S. Army Corp of Engineers (USACE) |
|
Receive permit for navigational lighting |
U.S. Coast Guard |
|
Consultations pertaining to siting |
U.S. Department of Defense (DoD), Federal Aviation Administration (FAA) |
|
Receive permits for air quality and pollution prevention |
EPA, U.S. Environmental Protection Agency (EPA), USACE |
|
Receive authorization for incidental take or harassment under the Marine Mammal Protection Act, Endangered Species Act, Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, and the Magnuson-Stevens Fishery Conservation and Management Act |
NOAA Fisheries, USFWS |
Learn More
- Offshore Wind Regulatory Framework and Guidelines
- A Citizen’s Guide to BOEM’s Renewable Energy Authorization Process [PDF]
- Table of Permits and Approvals [PDF]
State Authorizations and Consultations
For offshore wind projects to provide renewable energy to New Yorkers, the generated power must connect and/or deliver to New York’s electricity grid. Components of the project that are located within New York State boundaries (on land and within three nautical miles from shore) must abide by state laws. The below table provides an overview of state permitting and consultation requirements for offshore wind development (see a list of agency abbreviations below the table).
|
Permitting/Consultation Requirement |
New York State Regulatory Agency |
|---|---|
|
Receive permit for the transmission system connecting the offshore wind farm to New York’s electricity grid |
Public Service Commission (PSC) |
|
Receive permits for coastal environmental impacts |
Department of Environmental Conservation (DEC), PSC |
|
Receive an easement for underwater cables |
Office of General Services (OGS) |
|
Federal Consistency Review under the New York State Coastal Management Program |
Department of State (DOS) |
|
Receive permit for work on State-owned roads |
Department of Transportation (DOT) |
Learn More
- Article VII Major Electric and Gas Transmission Facilities
- Article VII Process Guide [PDF]
- Article VII Flow Chart [PDF]
- Table of Permits and Approvals [PDF]
Connect With Us
Interested in staying up to date with the latest news on New York’s offshore wind industry? Subscribe to the Offshore Wind email list to receive information about training, workforce development opportunities, and more.
Have a question about offshore wind in New York State? Contact NYSERDA offshore wind staff.
The development of offshore wind energy projects in the United States is guided by federal and state permitting processes designed to ensure the responsible siting, planning, construction, operation, and decommissioning of projects. To obtain permits, offshore wind developers must support their projects with extensive environmental, economic, and social research and analyses. Developers spend years collecting data and engaging with stakeholders to create comprehensive permitting applications detailing how they will responsibly develop their projects.
There are opportunities for public comment throughout the federal and state approvals processes. The agencies responsible for permitting carefully consider these comments and make recommendations accordingly as to whether project plans should be approved, modified, or rejected.
Federal Authorizations and Consultations
Offshore wind projects are typically built in federal waters and must abide by federal laws (note: federal waters are inclusive of all waters more than three nautical miles from shore). The below table provides an overview of federal permitting and consultation requirements for offshore wind generation and transmission development.
| Permitting/Consultation Requirement | Federal Regulatory Agency |
|---|---|
|
Obtain a commercial lease of submerged lands for renewable energy development |
Bureau of Ocean Energy Management (BOEM) |
|
Receive approval for a Site Assessment Plan (SAP) |
BOEM |
|
Receive approval for a Construction and Operations Plan (COP) |
BOEM |
|
Receive approval for a Facility and Design Report (FDR) |
BOEM |
|
Receive approval for a Fabrication and Installation Report (FIR) |
BOEM |
|
Consultations pertaining to:
|
National Oceanic and Atmospheric Administration (NOAA) Fisheries NOAA Fisheries, U.S. Fish and Wildlife Servcie (USFWS) Advisory Council on Historic Preservation NOAA Fisheries, USFWS |
|
Receive permit for subsea cables under the Clean Water Act |
U.S. Army Corp of Engineers (USACE) |
|
Receive permit for navigational lighting |
U.S. Coast Guard |
|
Consultations pertaining to siting |
U.S. Department of Defense (DoD), Federal Aviation Administration (FAA) |
|
Receive permits for air quality and pollution prevention |
EPA, U.S. Environmental Protection Agency (EPA), USACE |
|
Receive authorization for incidental take or harassment under the Marine Mammal Protection Act, Endangered Species Act, Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, and the Magnuson-Stevens Fishery Conservation and Management Act |
NOAA Fisheries, USFWS |
Learn More
- Offshore Wind Regulatory Framework and Guidelines
- A Citizen’s Guide to BOEM’s Renewable Energy Authorization Process [PDF]
- Table of Permits and Approvals [PDF]
State Authorizations and Consultations
For offshore wind projects to provide renewable energy to New Yorkers, the generated power must connect and/or deliver to New York’s electricity grid. Components of the project that are located within New York State boundaries (on land and within three nautical miles from shore) must abide by state laws. The below table provides an overview of state permitting and consultation requirements for offshore wind development (see a list of agency abbreviations below the table).
|
Permitting/Consultation Requirement |
New York State Regulatory Agency |
|---|---|
|
Receive permit for the transmission system connecting the offshore wind farm to New York’s electricity grid |
Public Service Commission (PSC) |
|
Receive permits for coastal environmental impacts |
Department of Environmental Conservation (DEC), PSC |
|
Receive an easement for underwater cables |
Office of General Services (OGS) |
|
Federal Consistency Review under the New York State Coastal Management Program |
Department of State (DOS) |
|
Receive permit for work on State-owned roads |
Department of Transportation (DOT) |
Learn More
- Article VII Major Electric and Gas Transmission Facilities
- Article VII Process Guide [PDF]
- Article VII Flow Chart [PDF]
- Table of Permits and Approvals [PDF]
Connect With Us
Interested in staying up to date with the latest news on New York’s offshore wind industry? Subscribe to the Offshore Wind email list to receive information about training, workforce development opportunities, and more.
Have a question about offshore wind in New York State? Contact NYSERDA offshore wind staff.