Siting and Permitting

U.S. offshore wind farms require the approval of several federal and/or state agencies. State jurisdiction extends up to three miles from the coast; projects from three to 200 miles from the coast are in federal waters, but the cables that transmit the power would still cross through state jurisdiction. The Bureau of Ocean Energy Management, Regulation and Enforcement (formerly the Minerals Management Service) is the lead federal authority for renewable energy on the Outer Continental Shelf, and the Army Corps of Engineers is  the  lead  federal  agency  concerning project siting in the Great Lakes. In 2009, the Department of the Interior established a program to grant leases, easements, and rights-of-way for renewable energy on the Outer Continental  Shelf, the first program of its kind    to consider offshore wind

Government Agencies and Their Siting/Permitting Roles (Authorizing Legislation in Parentheses)

Affected State Governments

• Require a water quality certificate for anything within three miles of state’s coast (Clean Water Act)
• Certify actions affecting land, water use of natural resources of coastal zone (Coastal Zone Management Act)

Army Corps of Engineers

• Analyzes compatibility with other uses; consult/coordinate with other agencies (NOAA, BOE, and EPA) and make “public interest” determination about obstructions in navigable water (Rivers and Harbors Act, Outer Continental Shelf Lands Act)
• Issues permit for any dredging and filling actions within three miles of shore (Clean Water Act)

Bureau of Ocean Energy Management, Regulation and Enforcement (BOE), Department of the Interior

• Regulates renewable energy development on the Outer Continental Shelf (Energy Policy Act of 2005)

Council of Environmental Quality (CEQ)

• Reviews environmental assessments and environmental impact statement (National Environmental Protection Act)

Coast Guard

• Authorizes actions in areas of private aids to navigation (United States Code and Code of Federal Regulations)

Department of Defense (DOD)

• Participates in the FAA’s studies regarding radar

Department of Energy (DOE)

• Reviews how wind farms affect government agencies

Department of the Interior (DOI)

• Issues land leases for projects on the Outer Continental Shelf

Environmental Protection Agency (EPA)

• Can veto Army Corps permit for dredging and filling (Clean Water Act)

Federal Aviation Administration (FAA)

• Conducts notice, marking, and lighting if a structure is over 200 feet high or near a runway. Turbines are considered individually – not as part of a If higher than 500 feet (or under other conditions) considered an obstruction (Federal Aviation Act)

Federal Energy Regulatory Commission (FERC)

• Sets rates for the sale and transmission of electricity between producer and wholesaler (Federal Power Act)

Fish and Wildlife Service (FWS), Department of the Interior

• Conducts formal fish and wildlife consultation (Fish and Wildlife Coordination Act)
• Conducts formal consultation about jeopardizing species or have adverse critical habitat modification (Endangered Species Act)
• Conducts coordination to prohibit marine mammal takes (Marine Mammals Protection Act)
• Conducts coordination to prohibit migratory bird takes (Migratory Bird Treaty Act)

National Marine Fisheries Service, National Oceanic and Atmospheric Administration

• Conducts formal consultation for essential fish habitats (Magnuson-Stevens Fishery Conservation and Management Act)
• Conducts formal consultation if project could jeopardize species or have adverse critical habitat modification (Endangered Species Act)
• Conducts coordination to prohibit marine mammal takes (Marine Mammal Protection Act)

National Oceanic and Atmospheric Administration (NOAA)

• Conducts formal consultation for essential fish habitats (Magnuson-Stevens Fishery Conservation and Management Act)
• Conducts formal consultation when affecting marine sanctuary (Marine Protection, Research and Sanctuaries Act)

State Historic Preservation Officer and Advisory Council on Historic Preservation

• Conduct formal consultation in jurisdiction of historic shipwrecks, archaeological sites, and views from historic districts (jurisdiction is limited to state waters and land) (National Historic Preservation Act)