Comprehensive database of energy infrastructure permitting requirements across all 50 states. Find the permits you need, average approval timelines, and key agency contacts.
State-by-State Permitting Requirements
Navigate complex energy permitting requirements with our comprehensive 50-state database. Below are the top energy-producing states with key permitting information.
Top Energy States – Quick Reference
| State | Primary Agency | Major Permits Required | Average Timeline |
|---|---|---|---|
| Texas | Texas Commission on Environmental Quality (TCEQ) | Air Quality Standard Permit, Water Quality Certification, Coastal Zone Management Consistency | 6-12 months |
| California | California Energy Commission (CEC) | CEC Certification (>50 MW), CEQA Review, Air District Permit, Coastal Commission | 12-24 months |
| New York | NY State Public Service Commission | Article 10 Siting (>25 MW), Article VII (transmission), SEQRA Review | 12-18 months |
| Florida | Florida Dept. of Environmental Protection (FDEP) | Power Plant Siting Certification, Water Quality, Air Quality, Environmental Resource Permit | 9-15 months |
| Pennsylvania | PA Dept. of Environmental Protection (DEP) | Air Quality Plan Approval, Water Obstruction/Encroachment, Chapter 105 Permit | 6-12 months |
| Ohio | Ohio Power Siting Board (OPSB) | Certificate of Environmental Compatibility, Section 401 Water Quality, Air Permit | 9-12 months |
| Illinois | Illinois Commerce Commission (ICC) | Certificate of Public Convenience, Air Permit, NPDES Water Permit | 9-15 months |
| North Carolina | NC Utilities Commission (NCUC) | Certificate of Public Convenience & Necessity, Air Quality, Water Quality | 6-12 months |
| Arizona | Arizona Corporation Commission (ACC) | Certificate of Environmental Compatibility, Air Quality, Water Rights | 6-9 months |
| Colorado | Colorado Public Utilities Commission (PUC) | Certificate of Public Convenience, Air Permit, Water Right | 9-12 months |
Federal Permitting Requirements
Most energy projects require federal permits in addition to state approvals. Key federal agencies and permit types:
| Permit/Approval | Agency | Applies To | Typical Timeline |
|---|---|---|---|
| FERC Certificate | Federal Energy Regulatory Commission | Interstate natural gas pipelines, LNG terminals, hydropower (>5 MW) | 12-24 months |
| NEPA Review (EA or EIS) | Various (lead agency dependent) | All projects on federal lands or requiring federal permits/funding | 6-18 months |
| Section 404 Permit | U.S. Army Corps of Engineers | Projects affecting wetlands or waters of the U.S. | 3-12 months |
| FAA Determination of No Hazard | Federal Aviation Administration | Wind turbines, transmission towers near airports (structures >200 ft) | 1-3 months |
| Endangered Species Consultation | U.S. Fish & Wildlife Service / NOAA Fisheries | Projects in critical habitat or affecting listed species | 3-12 months |
| Coastal Zone Consistency | State coastal program (federal NOAA oversight) | Projects in coastal zones affecting coastal resources | 6-12 months |
| BLM Right-of-Way | Bureau of Land Management | Projects crossing federal public lands | 6-18 months |
| Section 106 Review | State Historic Preservation Office (SHPO) | Projects potentially affecting historic/cultural resources | 3-6 months |
Permitting by Project Type
☀️ Utility-Scale Solar (>5 MW)
Typical State Permits:
- Power Plant Siting Certificate or equivalent (varies by state)
- Air Quality Permit (usually minor source – minimal emissions)
- Water Quality/Stormwater Permit (NPDES or state equivalent)
- Land Use/Zoning Approval (county or municipal)
- State Environmental Review (CEQA, SEQRA, NEPA-equivalent)
- Interconnection Agreement (utility-specific, not permit but critical)
Federal Permits (if applicable):
- BLM Right-of-Way (if on federal lands)
- Army Corps Section 404 Permit (if affecting wetlands)
- Endangered Species Act Consultation (if habitat present)
Average Total Timeline: 12-18 months
Key Issues: Land use compatibility, visual impacts, agricultural land conversion, interconnection queue
Fastest States: Texas (6-9 months), Arizona, Nevada
Slower States: California (18-24 months), New York, Massachusetts
💨 Wind Energy (Onshore)
Typical State Permits:
- Power Plant Siting Certificate
- FAA Coordination and Determination of No Hazard (federal but state coordinated)
- Wildlife/Endangered Species Assessment and Permit
- Noise Ordinance Compliance (local)
- Shadow Flicker Assessment
- Decommissioning Plan and Financial Assurance
Federal Permits:
- FAA Form 7460-1 Determination of No Hazard (required for all turbines)
- USFWS Eagle Take Permit (if in eagle habitat)
- BLM Right-of-Way (if on federal lands)
Average Total Timeline: 12-24 months
Key Issues: Bird/bat mortality studies, radar interference (DOD, NEXRAD), local opposition, setback requirements (often 1,000+ ft)
Top Wind States (Streamlined): Iowa, Oklahoma, Kansas, Texas, North Dakota
⚡ Natural Gas Pipeline (Interstate)
Federal Permits (Required):
- FERC Certificate of Public Convenience & Necessity (lead permit)
- Army Corps Section 404 Individual Permit (waterbody crossings)
- NEPA Environmental Impact Statement (EIS)
- Endangered Species Act Section 7 Consultation
- National Historic Preservation Act Section 106 Review
State Permits:
- Water Quality Certification (Section 401 – state can veto)
- Air Quality Permit (compressor stations)
- Coastal Zone Management Consistency Determination
- State-Specific Environmental Review
Average Total Timeline: 24-36 months (FERC process is lengthy)
Key Issues: Landowner opposition, eminent domain challenges, waterbody crossing restrictions, climate impact scrutiny
Recent Trend: States increasingly denying Section 401 water quality certifications on policy grounds
🔋 Energy Storage (Battery Systems)
Typical Permits:
- Building Permit (structural, electrical, fire protection)
- Fire Code Compliance Review (NFPA 855)
- Electrical Permit and Interconnection Agreement
- Zoning/Land Use Approval
- Environmental Review (typically limited for standalone projects)
- Stormwater Permit (if >1 acre disturbance)
Federal Permits: Usually none (unless co-located with federal project or on federal land)
Average Total Timeline: 6-12 months
Key Issues: Fire safety (thermal runaway concerns), siting near residential areas, emergency response planning
Trend: Most streamlined permitting process for energy infrastructure; many states expediting battery storage
Expert Tips for Faster Permitting
Early Agency Engagement
Contact permitting agencies during project development phase, not after design is finalized. Pre-application meetings identify issues early and reduce costly delays.
Complete Applications
Incomplete applications are the #1 cause of permitting delays. Use agency checklists meticulously and consider hiring consultants familiar with the specific regulatory process.
Community Outreach
Proactive community engagement reduces opposition and prevents delays from public comment periods or local government resistance. Host information sessions early.
Need Permitting Strategy Support?
Elkfort’s energy consulting team has guided clients through permitting processes for $2B+ in energy infrastructure projects across 25+ states.
Disclaimer: This database is compiled from publicly available information and is updated quarterly. Permitting requirements change frequently. Always verify current requirements with the relevant permitting agency before proceeding with your project. This information is for general guidance only and does not constitute legal or regulatory advice.
Last Updated: November 2025