Access System Framework for Regulating Offshore Wind Power in State Waters

Published research suggests the presence of a large wind resource off the U.S. coast. Although there is considerable interest among wind power developers in the coastal states, few projects have been proposed to date. A major factor constraining resource development is the lack of a regulatory framework to provide access to the ocean space and allocate property rights to the submerged lands where the wind turbines can be installed. Efforts to address this void began in 2005 at the federal level, but it has progressed unevenly and unsuccessfully since that time. At the state level, no coastal state has adopted a comprehensive and detailed regime to regulate, manage, and oversee this new ocean use in state waters. This article examines various approaches taken by coastal states to facilitate existing and emerging ocean uses and recommends a regulatory framework for installing offshore wind turbines in state waters.