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BETTESWORTHConstruction
BOEM

How Offshore Wind Farms Get Permitted in the United States

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In federal waters, an offshore wind farm is permitted through a staged Bureau of Ocean Energy Management (BOEM) process: planning and analysis, competitive or noncompetitive leasing, site assessment, and construction and operations. A developer must first hold a BOEM lease, obtain approval for a Site Assessment Plan (SAP), complete surveys and consultations, and then secure BOEM approval of a Construction and Operations Plan (COP) before building on the lease.

That federal approval is not the only authorization. Export cables, landfall, foundations, dredging, wetlands, transmission, ports, navigation, protected species, coastal uses and onshore facilities can trigger separate federal, state, tribal and local reviews. The exact permit package therefore varies by project location and design.

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The four phases of federal offshore-wind permitting

BOEM describes its renewable-energy program in four phases: planning and analysis; leasing; site assessment; and construction and operations. The framework is principally implemented through 30 CFR part 585 for projects on the federal Outer Continental Shelf (OCS).

1. Planning and analysis

Before a lease sale, BOEM evaluates potential areas and coordinates with federal, state, local and tribal governments. It studies conflicts with fishing, shipping, military activity, wildlife, cultural resources, energy transmission and other ocean uses. Environmental review and stakeholder input help determine whether an area should be offered and what restrictions may be needed.

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2. Leasing

A developer cannot install a commercial wind facility in federal waters without a BOEM lease. Historically, competitive leasing has proceeded through a Call for Information and Nominations, area identification, environmental review, a Proposed Sale Notice and a Final Sale Notice, followed by the auction and lease execution. The precise opportunity, schedule and terms are policy-sensitive in 2026, so a prospective lessee must verify the current BOEM leasing docket rather than rely on an old sale calendar.

3. Site assessment and characterization

After obtaining a lease, the lessee normally submits an SAP. The plan covers surveys and related activities needed to understand the lease area and develop an engineered project. BOEM reviews the SAP before those activities proceed. Survey work can include metocean measurements, geophysical and geotechnical investigations, geohazard analysis, archaeological and cultural-resource studies, and biological surveys.

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4. Construction and operations

Survey results and engineering studies support the COP. The COP describes the proposed construction methods, turbines and foundations, offshore and export cables, onshore facilities, operations and maintenance, environmental mitigation, monitoring and conceptual decommissioning. BOEM must approve the COP before any wind-energy facility can be built on the OCS lease. BOEM may approve it as submitted, approve it with modifications or conditions, or disapprove it.

What the SAP must establish

An SAP is more than a permission to place instruments in the water. It gives BOEM the information needed to evaluate whether the proposed site-assessment work can proceed safely and with acceptable environmental effects.

Physical and engineering information

  • Physical oceanography and metocean conditions, such as wind, waves, currents and water levels.
  • Seafloor geology, geotechnical properties, geohazards and conditions relevant to foundations and cables.
  • Survey methods, equipment, timing, vessel activity and the location of proposed installations.
  • Potential archaeological and other cultural resources.

Human-use and environmental information

  • Marine mammals, sea turtles, birds, fish and essential fish habitat.
  • Commercial and recreational fishing, navigation and other ocean uses.
  • Socioeconomic conditions, recreation, tourism and visual effects.
  • Employment, infrastructure, land use, subsistence, environmental justice and affected coastal-management programs when relevant.

BOEM can require additional data or mitigation. The survey information may be used by BOEM, other federal agencies and potentially affected states, so a lessee should collect it in a form that can support later environmental review rather than treating the SAP as a stand-alone exercise.

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What the COP must contain

The COP is the central project-approval document. It must connect the physical design to environmental effects, mitigation and long-term obligations.

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Project design and construction

  • Turbine layout, foundations, scour protection and offshore substations.
  • Inter-array and export cable routes, burial or protection methods, and cable-crossing plans.
  • Construction vessels, ports, staging, installation sequence and safety measures.
  • Electrical systems, transmission interfaces and the onshore route through landfall and interconnection facilities.

Operations, effects and mitigation

  • Operations and maintenance activities, vessel and helicopter use, inspections and repair procedures.
  • Environmental effects and proposed avoidance, minimization, mitigation and monitoring.
  • Effects on fisheries, navigation, marine mammals, sea turtles, birds, fish, cultural resources, coastal communities and visual resources.
  • Emergency response, security, deconfliction with existing users and plans for reporting incidents.

Decommissioning

The COP includes a conceptual decommissioning approach, while lease terms and later BOEM requirements govern the final removal and restoration work. BOEM’s current FAQ states that facilities generally must be removed and the leased area restored within two years after lease termination. That is a general requirement; the lease and an approved decommissioning plan control the obligations for a particular project.

How NEPA fits into the approval

The National Environmental Policy Act (NEPA) organizes the environmental review. BOEM generally evaluates leasing and site-assessment activities in environmental assessments, while a COP receives a project-specific NEPA analysis. For a major commercial project, that analysis is ordinarily an environmental impact statement (EIS).

Completeness before the formal NEPA start

BOEM’s NOI Checklist, issued August 3, 2023, is a practical completeness gate for a COP. BOEM uses it to clarify what a lessee should submit, coordinate with cooperating agencies and stakeholders before the Notice of Intent (NOI), and reduce the risk that missing information delays the NEPA analysis after the NOI is published.

Scoping, draft documents and a decision

  1. BOEM and the lessee resolve pre-application questions and identify cooperating agencies and key stakeholders.
  2. BOEM uses the checklist and submitted materials to determine whether the COP package is sufficiently complete to begin formal review.
  3. BOEM publishes an NOI for the EIS, opening a scoping period during which agencies, tribes, fishing interests, communities, conservation organizations and the public can identify issues and information.
  4. BOEM conducts technical studies and required consultations, prepares a draft environmental document and accepts public comments.
  5. BOEM considers comments, completes the final environmental analysis and issues a decision on the COP: approval, approval with modifications or conditions, or disapproval.

NEPA does not itself issue a construction permit. It supplies the environmental-analysis and disclosure process that informs BOEM’s COP decision and the decisions of other agencies.

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Other federal consultations and approvals

A COP review can involve several agencies whose authority depends on the project’s species impacts, structures, cables and land connection.

Protected species and habitat

Projects are subject to consultation with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) under the Endangered Species Act. The Magnuson-Stevens Fishery Conservation and Management Act adds consultation concerning essential fish habitat. The agencies may require avoidance measures, seasonal restrictions, monitoring, reporting or other conditions.

Historic and cultural resources

Section 106 of the National Historic Preservation Act requires consultation about effects on historic properties and cultural resources. That process can involve tribes, state historic-preservation officials, local parties and other consulting participants. Archaeological survey results from the SAP and COP help identify potential conflicts before construction methods are finalized.

Structures, navigation and dredging

The U.S. Army Corps of Engineers may have authority over dredge or fill, wetlands, certain structures and related waters permits. The U.S. Coast Guard evaluates navigation safety, aids to navigation and vessel-traffic issues. The applicable approvals depend on foundation design, cable crossings, port work, landfall construction and onshore impacts.

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State, tribal and local approvals

Coastal Zone Management Act consistency

The Coastal Zone Management Act (CZMA) requires a federal-license applicant whose activity affects coastal uses or resources to certify consistency with the affected state’s federally approved coastal-management program. A project can therefore face a state coastal-consistency review even when its turbines are in federal waters. Cable landfall, staging, dredging, visual effects, fisheries and onshore transmission commonly make this review important.

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State waters and onshore facilities

Federal OCS jurisdiction is not the same as state-waters jurisdiction. State agencies may regulate activities in state waters and on land, including submerged lands, shoreline construction, wetlands, environmental quality, electric generation, transmission, ports and air or water discharges. Local governments can control zoning, building, road, harbor and land-use approvals for landfall and support facilities. A project that crosses several counties or states may need separate approvals in each jurisdiction.

Tribal participation

Tribes may participate in NEPA scoping, Section 106 consultation and other government-to-government processes when ancestral lands, treaty rights, cultural resources, fisheries or other interests could be affected. Early, substantive engagement is more useful than waiting until a formal comment deadline.

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How long does offshore-wind permitting take?

There is no authoritative nationwide duration that applies to every U.S. offshore-wind project. BOEM’s FY2025 budget document described COP reviews as taking approximately two years in the context of its 2023 workload, but that is a dated, program-level observation—not a guaranteed schedule for an individual project.

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The clock can lengthen when surveys are incomplete, the COP changes materially, agencies need new modeling, consultation identifies unexpected effects, public comments raise unresolved issues, or state and local approvals lag behind the federal review. Leasing, site assessment, NEPA review, transmission interconnection, port readiness and construction are separate dependencies; completing one does not automatically complete the others.

Schedule controls a developer can influence

  • Start baseline surveys early and design them to answer likely COP and consultation questions.
  • Use BOEM’s NOI Checklist before filing and resolve data gaps with cooperating agencies.
  • Lock down cable landfall, ports, transmission corridors and construction methods before the COP becomes difficult to change.
  • Maintain a single, traceable data set for fisheries, wildlife, navigation, cultural resources and visual analysis.
  • Engage affected states, tribes, fishing organizations, navigation users and communities before formal comment periods.

Current federal policy context for new leasing

Leasing status is unusually volatile. BOEM reports that a Presidential Memorandum effective January 21, 2025 temporarily withdrew all OCS areas from disposition for wind-energy leasing until revoked. BOEM’s lease information also says the memorandum pauses new or renewed approvals, rights-of-way, permits, leases or loans for offshore-wind projects while federal wind-leasing and permitting practices are reviewed.

On July 30, 2025, BOEM announced that it had rescinded all designated Wind Energy Areas, de-designating more than 3.5 million acres of previously targeted unleased federal waters. Those actions affect new leasing and the timing of pending work; they do not remove the SAP, COP or NEPA architecture for a project that is otherwise able to proceed. A developer must check the current BOEM project page, lease record and agency notices immediately before relying on any schedule or assumption about a specific area.

A practical permitting checklist

  1. Confirm jurisdiction. Map the lease, state-water segments, cable landfall, ports, transmission route and every county or state touched by construction.
  2. Verify lease status. Determine whether the project has an executed BOEM lease, what rights it grants, and whether current policy affects new, renewed or amended approvals.
  3. Build the survey program. Cover metocean, geology, geohazards, archaeology, biology, fisheries, navigation, visual resources and socioeconomic conditions.
  4. Prepare and obtain SAP approval. Describe survey methods, timing, equipment, effects and mitigation clearly enough for agency review.
  5. Coordinate early. Identify NMFS, FWS, the Army Corps, Coast Guard, state coastal and environmental agencies, utilities, tribes, local governments and affected ocean users.
  6. Develop an integrated COP. Align engineering, cables, landfall, transmission, construction logistics, operations, mitigation, monitoring and conceptual decommissioning.
  7. Run the NOI Checklist review. Use the August 3, 2023 checklist as the pre-application completeness check before the formal NEPA NOI.
  8. Participate in NEPA and consultations. Respond to scoping questions, technical requests, draft-document comments and agency conditions with consistent data.
  9. Secure parallel approvals. Obtain CZMA consistency and any Army Corps, species, navigation, state, local, port, utility and land-use authorizations required by the design.
  10. Track conditions through construction and closure. BOEM approval may include modifications and conditions, and lease obligations continue through operations and decommissioning.

How to compare permitting risk between projects

Comparison point Why it changes the permitting path
Federal water versus state water Determines which agencies control the seabed, structures, cables and environmental permits.
Lease status and policy exposure Shows whether the project can proceed under an existing lease or depends on a new or renewed federal action.
SAP and COP maturity Indicates whether surveys, engineering and mitigation are developed enough for formal review.
Baseline survey coverage Reduces uncertainty about species, fisheries, cultural resources, geohazards and navigation.
Landfall and Army Corps/CZMA complexity Signals the number of coastal, wetlands, dredge-and-fill and state-consistency decisions outside BOEM.
Species, fisheries, navigation and tribal issues Can add seasonal restrictions, redesign, monitoring, consultation and mitigation conditions.
Transmission and port dependencies A technically approved wind farm still needs an interconnection, suitable port facilities and lawful construction logistics.
Decommissioning commitments Shape financial, engineering and scheduling obligations at the end of the lease.

What approval does—and does not—mean

BOEM approval of a COP authorizes the approved project subject to its conditions; it does not replace every state, local, utility, port or species authorization. Conversely, obtaining a state coastal-consistency determination or a wetlands permit does not authorize construction on a federal lease. The project can proceed only when the approvals that apply to its complete offshore and onshore footprint are in place and their conditions are incorporated into construction and operations.

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