Regulations


USACE-led Processes

Projects in state waters require authorization from the U.S. Army Corps of Engineers (USACE) regardless of whether the project is grid-connected or not. See further definitions and requirements in Nationwide Permit 52 (p. 73-74; Water-Based Renewable Energy Generation Pilot Projects, Effective Date: March 19, 2017; Expiration Date: March 18, 2022). Authorization from the USACE encompasses the following regulatory elements:

Clean Water Act §401

(CWA §401)

Clean Water Act §404

(CWA §404)

Clean Water Act §408

(CWA §408)

Coastal Zone Management Act

(CZMA)

Endangered Species Act

(ESA)

Rivers and Harbors Act §10

(RHA §10)

National Environmental Policy Act

(NEPA)

Fish and Wildlife Coordination Act

(FWCA)

National Historic Preservation Act

(NHPA)

Essential Fish Habitat

(EFH)

Migratory Bird Treaty Act

(MBTA)

Private Aids to Navigation

(PATONs)

Marine Mammal Protection Act

(MMPA)