Regulation and Compliance
This page last reviewed on March 26, 2025
Regulatory Process
United States
The process for compliance with offshore regulations for marine energy devices is evolving. In the U.S. rules are becoming established, but appropriate design standards and guidelines are still being developed. Some international standards exist (e.g. IEC TC 114) and have been nationalized, but with the wide range of technology archetypes there exist a multitude of options open to developers, leading to an ad hoc process of negotiations between the developer and the regulator prior to deployment. In this situation we see the main benefit of international standards; when a country accepts a standard, or becomes part of the governing body, a device that meets that standard enters the country as a known quantity, smoothing the regulatory process.
To make the rules more objective, regulators will have to recognize and adopt specific design, safety, and operations standards and rely on societies that provide class or certification for the installations. A Certified Verification Agency (CVA) is required to shepherd the developer through a complex web of possible certification and standards options to achieve compliance, based on the professional opinions of internal experts at the Federal Energy Regulatory Commission (FERC), the Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE). A simplified review of distinctions between regulations, standards, guidelines, certification and some of the associated U.S. organizations is shown in Figure 1.
International Consenting
The licensing, or consenting, process varies from country to country based on internal regulations. OES-Environmental and the Pacific Northwest National Lab have compiled documents summarizing the consenting process in the individual OES member countries, which can be a useful starting point for understanding the international regulatory framework. This process is still evolving but with experience and the continuing work to create additional international standards, clearer rules are beginning to emerge. This wiki is intended to provide an overview of regulations, standards, and guidelines to help the marine energy sector understand the organization, context, and how they fit together in terms of governance and certification.
Definitions
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities set by government authorities at the national and state levels.
Standards are documents developed from best practices, lessons learned, and research, used by consensus of the stakeholders that describes how a product is to be designed, built, tested, and operated.
Certification is an assessment process to ensure technical risks are mitigated by verification against standards.
Guidelines are recommended practice documents that are not subjected to a formal protocol or vote of constituencies. They are typically established by classification societies and are solely dependent on the internal quality process and peer review of the originating society.
Regulations
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities set by government authorities within national and state jurisdictions. In the United States the codification of the general and permanent rules published in the Federal Register, by the departments and agencies of the federal government, are codified in the Code of Federal Regulations (CFR).
Jurisdiction for Waters of the United States
Source: Energetics, adapted from U.S. Commission on Ocean Policy 2003.
Regulation and compliance of marine energy devices in U.S. waters can be under state or federal jurisdiction, depending on water body, distance from shore and whether the device is grid connected. A flow chart schematic of agency jurisdiction can be found at the Marine Energy Environmental Toolkit. There is no national renewable energy policy for marine energy development, nor is clear jurisdictional authority given to any one federal agency. Also, the regulation and permitting process generally varies significantly from state to state. For these reasons marine energy project developers need to approach regulatory agencies early in the development process to make the proper connections.
Any marine renewable energy device that will deliver electricity to the grid however, will fall under jurisdiction of the Federal Energy Regulatory Commission (FERC), as the lead agency. FERC will work with state and other federal agencies for licensing and compliance no matter the location. If the marine energy device will not be connected to the grid then the lead agency is based on geographic location and associated jurisdiction.
For non-grid connected devices, lead jurisdiction belongs to either the US Army Corps of Engineers (USACE) and the local state or the USACE and the Bureau of Ocean Energy Management (BOEM), depending on distance from shore. USACE has jurisdiction in state waters and the Great Lakes for permitting non-grid connected offshore devices, based on Section 10 of the Rivers and Harbors Act. This permit relates to devices that alter or obstruct navigable waters and although it has no specific reference to energy-related projects in the ocean, its jurisdiction extends to the 200-nautical mile boundary of the United States Exclusive Economic Zone (EEZ). In these cases, the USACE assumes the lead agency responsibilities for permitting offshore wind, and marine energy facilities.
State jurisdiction applies to all the Great Lakes’ waters, and, for most states, three nautical miles seaward (3.5 statute miles or 5.6 kilometers) as shown in Figure 2. The exceptions of Louisiana, Texas, and the Gulf Coast of Florida are described by:
- Louisiana extends 3 pre-1954 U.S nautical miles, and
- Texas and the Florida Gulf Coast extend 9 U.S. nautical miles (10.4 miles or 16.7 kilometers).
Seaward of state jurisdiction and out to the 200-nautical mile limit on the Outer Continental Shelf (OCS), regulation and compliance are under Department of Interior (DOI) jurisdiction and specifically managed by BOEM and the Bureau of Safety and Environmental Enforcement (BSEE). BOEM has published federal regulation rules in 30 CFR 585, which governs renewable energy projects on the OCS, but does not specify standards or detailed requirements. Instead it relies on CVAs to oversee an independent assessment of the facility design, fabrication, installation, operation, and decommissioning. Some CVAs are also class societies such as Lloyd's Register, Det Norske Veritas American Bureau of Shipping, and Bureau Veritas, and have their own published guidelines to bridge gaps not covered in standards.
BOEM manages the exploration and development of U.S. offshore resources. It balances economic development, energy independence, and environmental protection through leases for renewable energy development, oil and gas leases, and environmental reviews and studies. Relevant BOEM programs and functions include:
- The Renewable Energy Program grants leases, easements, and rights-of-way for orderly, safe, and environmentally responsible renewable energy development activities.
- The Office of Environmental Programs conducts environmental reviews, including National Environmental Policy Act analyses and compliance documents for each major stage of energy development planning.
The role of BSEE is to protect the environment and conserve resources offshore through vigorous regulatory oversight and enforcement. They are the lead regulator for safe and environmentally responsible production of offshore renewable energy.
The Environmental Enforcement Division provides sustained regulatory oversight that focuses on compliance by operators with all applicable environmental regulations and ensures that operators keep the promises they make at the time they obtain their leases, submit their plans, and apply for their permits, and decommission their projects.
Regulations Relevant to Marine Energy Development in the United States
| NATIONAL ENVIRONMENTAL LEGISLATION | |
| 50 CFR Part 18 | Marine Mammals Protection Act (1972) |
| 15 CFR Part 923 and 930 | Coastal Zone Management Act (1972) |
| 50 CFR Part 81 | Endangered Species Act (1973) |
| 50 CFR PART 600 | Magnuson-Stevens Fishery Conservation and Management Act (1976, 2007, 2018) |
| CODE OF FEDERAL REGULATIONS (CFR) | |
| 29 CFR Part 1910 | Occupational safety and health standards |
| 30 CFR Part 585 | Renewable energy alternate uses of existing facilities on the outer continental shelf |
| 33 CFR Part 67 | Aids to navigation on artificial islands and fixed structures |
| 33 CFR Parts 140 to 147 | Outer continental shelf activities |
| 33 CFR Part 322 | Permits for structures or work in or affecting navigable waters of the United States |
| FEDERAL AVIATION ADMINISTRATION (FAA) | |
| FAA AC70/7460-1K | Obstruction marking and lighting |
| U.S. COAST GUARD (USCG) | |
| USCG COMDTINST M16672.2D | Navigation rules international-inland |
Standards
A standard is a document that has been developed through the consensus of experts; is approved and published by a recognized body; and comprises rules, guidelines, processes, or characteristics that allow users to achieve the same outcome. Standards can be international, national, or industry-specific and reflect agreements on the technical description of the characteristics to be fulfilled by the product, system, service or object in question. International standards in the marine energy industry are developed by the International Electrotechnical Commission (IEC) and Technical Committee 114 (TC-114). Other industry-specific standards have been developed by registration and classification societies such as DNV and Lloyd's Register. Standards are widely adopted at the regional or national level and are applied by manufacturers, trade organizations, purchasers, consumers, testing laboratories, governments, regulators and other interested parties. Not yet a standard, a technical specification approaches a standard in terms of detail and completeness but has not yet passed through all approval stages. For more information on marine energy international standards visit our Standards page.
Technology Certification Process
“The process of conformity assessment demonstrates whether a product, service, process, claim, system or person meets the relevant requirements. Such requirements are stated in standards, regulations, contracts, programmes, or other normative documents.”
Certification is an independent 3rd-party assessment process to ensure technical risks are mitigated by verification against standards.
This certification process is governed by Quality Management Systems (QMS), which organizations develop to achieve their quality objectives by clearly defining their processes, procedures, and responsibilities. In the field of marine renewable energy, two primary QMS are particularly relevant: the IEC System for Certification to Standards Relating to Equipment for Use in Renewable Energy Applications (IECRE System) and the Quality System Certification Scheme (QSCS) developed by the International Association of Classification Societies (IACS).
The IECRE System is a global Conformity Assessment System (CAS) based on international, consensus-driven standards published by organizations such as the IEC and ISO, and the mutual recognition among members of the deliverables issued by any recognized organization within the System. The IACS is an organization composed of 12 classification societies that establish and enforce standards for the maritime industry. The QSCS was created to ensure consistent quality across these international classification societies.
The IECRE System and the IACS QSCS both focus on standards and quality, but they have different histories. Classification Societies have existed for up to 250 years, primarily to classify ships for insurance purposes and to mitigate risks in shipping, a business that has historically been lucrative but high-risk. In 1968, twelve classification societies came together to form the International Association of Classification Societies (IACS), which began developing classification standards and established the Quality System Certification Scheme (QSCS) in the 1990s. Over time, their focus expanded from ship classification to include standards for offshore platforms, offshore wind certification, and, most recently, marine renewable energy.
The International Electrotechnical Commission (IEC) is a not-for-profit organization that has been developing standards, quality infrastructure, and promoting global trade in electrical and electronic goods since 1906. The IEC unites over 170 countries and 20,000 experts, maintaining four conformity assessment systems, one of which is the IECRE System relevant to this discussion. Quality management for Certification Bodies within the IECRE System is governed by the ISO/IEC 17065 international standard, which mandates that any individual or organization providing certification services must adhere to these guidelines. The IECRE System, developed in 2014, is most advanced for wind energy, including offshore wind devices, with ongoing development for marine energy devices. For more information, visit the IECRE System.
The mutual recognition of deliverables issued against international, consensus-based standards within the IECRE System ensures that the deliverables it offers—such as Test Reports, Feasibility Statements, Conformity Statements, and Certificates—are globally accepted, at least among the 30 participating IECRE member countries. IECRE Certification Bodies (RECBs) approved by the IECRE System can issue IECRE statements and certificates, while IECRE Test Laboratories (RETLs) can provide test reports. Together, these statements and test reports support the issuance of certificates.
Classification Societies may operate under ISO/IEC 17065 as well as the Quality System Certification Scheme (QSCS). As of 2025, most of these societies are recognized as IECRE RECBs for wind energy. Lloyd's Register, a member of IACS, is the only IECRE-approved RECB for marine energy, while the European Marine Energy Center (EMEC) is the only IECRE-approved RETL for marine energy. Other classification societies, such as DNV, Bureau Veritas, and ABS, provide proprietary certificates for marine energy based on QSCS standards developed from their corporate experience. While these certificates are valuable in the marine industry, they are generally not based on international, consensus-based standards and do not guarantee global acceptance.
As of early 2025 Lloyd's Register is the only IECRE approved RECB for marine energy and the European Marine Energy Centre (EMEC) is the only IECRE approved RETL for marine energy. Other registration and classification societies, such as DNV, Bureau Veritas, and ABS offer guidance and proprietary certificates based on standards developed in-house with many years of corporate experience. These certificates, although commonly used in the marine industry, are generally not based on international, consensus-based standards and do not ensure international acceptance.
Within the various certification activities for marine energy, three types are relevant to the IECRE System: prototype certification, type certification, and project certification. Prototype and type certifications focus on design and performance assurance for specific technologies, while project certification aims to provide reliability and safety assurances to project stakeholders. As of early 2025, the IECRE System has only established prototype certification for marine energy devices. Type and project certifications for marine energy arrays are still being developed by the IECRE System but are currently available through private registration and classification societies based on QSCS standards. These certifications address device and plant/array performance, safety, and reliability, helping to quantify risks during the development and operation phases of marine energy projects.
IEC Conformity Assessment
What is conformity assessment?
Conformity assessment is the general term which refers to any activity that determines whether a product, system, service and sometimes people fulfill the requirements and characteristics described in a standard or specification. Examples of requirements for assessment can include performance, safety, efficiency, effectiveness, reliability, durability, or environmental impacts such as pollution or noise. Verification is generally done through testing or/and inspection and certification may or may not include on-going verification.
Conformity Assessment Board
The IEC maintains a Conformity Assessment Board (CAB) which is responsible for the management and supervision of conformity assessment activities, including oversight of the IEC Conformity Assessment Systems. The CAB, through the conformity assessment systems, determines if a commercial body can become an IEC RECB
How to Carry Out Conformity Assessment
Conformity assessment is the activity of verifying that a standard or technical specification was applied in the design, manufacturing, installation, maintenance or repair of a device or system. This activity must be carried out according to a set of well-defined rules to ensure consistent and replicable results. In other words, conformity assessment itself needs to use a standardized approach.
The IEC and ISO have therefore developed and published a series of international standards specifying how conformity assessment should be carried out. The ISO/IEC 17000 standards series, as well as a number of ISO/IEC Guides, are contained in what is familiarly called the CASCO Toolbox, which provides a full set of tools for anyone wishing to know how to carry out consistent and reliable conformity assessment.
Why is conformity assessment needed?
Before a product can enter a market, it generally needs to be able to demonstrate to the buyer or regulator that it is safe and performs as promised in terms of energy efficiency, reliability, sustainability, and many other criteria.
Conformity assessment provides the necessary proof, based on standards.
With conformity assessment:
- Governments have it easier to verify the resilience of infrastructure and are better able to protect their populations from unnecessary risks
- Insurers get confirmation that risks have been properly managed and relevant safety considerations included
- Buyers receive proof about a product's or system's safety, performance and reliability
- Investors are able to trust that industry-wide best-practice has been applied and their investment is as secure as it can be
- Users of equipment and consumers can be confident that electrical and electronic devices are safe to use and perform to expectations
IEC Renewable Energy (IECRE)
IECRE is the IEC System for Certification to Standards Relating to Equipment for use in Renewable Energy Applications
SCOPE: RENEWABLE ENERGY
IECRE covers design, performance and safety for a wide variety of equipment and components used in Renewable Energy technology and project development, including the Wind Turbine, Solar Photovoltaic (PV) and Marine Energy Sectors. IECRE Certification Bodies (RECBs) and Test Laboratories (RETLs) are engaged in the peer assessment process to ensure mutual recognition of all System deliverables. Founded in 2014, the IECRE strives to ensure that components or devices tested in one Member Body country will not have to be retested in another if the relevant national differences have been taken into account. As a result, approval and certification at the national level, i.e. market entry, are greatly facilitated while the perceived risk is significantly reduced.
IECRE Certificates Will Improve Confidence
As the Renewable Energy industry continues to grow, IECRE Certificates and the associated deliverables (Test Reports, Conformity Statements, etc.) will serve as proof of compliance to consensus-based International Standards. As a result, investors, insurers and project developers, among others, will be more confident funding the installation of Renewable Energy equipment carrying an IECRE Certificate.
Marine Energy Sector Working Group
The Marine Energy Sector Working Group (ME-SWG ), as one of three Sectors operating under the IECRE. Currently it is comprised of 9 Member Bodies (countries) from Asia, North America and Europe with representation from RECBs, RETLs and industry. The ME-SWG shall involve the stakeholders and the certification bodies to prepare and operate international Conformity Assessment Processes for marine energy conversion systems based on the System Basic Rules (IECRE 01). The ME-SWG shall support the future development of the marine energy industry through conformity assessment in order to reduce risk and increase confidence in the market. For additional information:
United States National Committee/IECRE
United States National Committee (USNC)/IECRE is a Standing Committee operating under its own rules of procedure. The USNC/IECRE has liaison, ex-official, non-voting membership on the USNC/IEC Council and keeps the Council informed of activities in its area of responsibility. The USNC/IECRE coordinates its activities with the other certification systems in the U.S. by actively participating in CAPCC, and serves as the U.S. Member Body of the IECRE. The committee coordinates with relevant U.S. Certification Bodies and Test Laboratories to assure:
- That national differences on standards accepted for use in the IECRE System are uniform for all CBs in the U.S.;
- To provide a structure that is open to all stakeholders; and
- To processes applications for submission to the Secretariat of the IECRE.
Useful Links:
Marine Energy Prototype Certification
A prototype certification, as described in IEC OD 320:2024, can provide assurance that a marine energy device is designed, documented, and manufactured using methods conforming to a design basis specified by the manufacturer (design assumptions, specific standards, and technical requirements). A Renewable Energy Certification Body (RECB) for marine energy works with the developer to assess the technology and complete the process.
Figure 3 illustrates the prototype device certification process, its various modules, and ownership of responsibilities.
The prototype certification must consist of modules that include:
- A Technology Appraisal Report from the RECB;
- A Technology Qualification Plan (TQP) aligned with IEC TS 62600-4;
- An Approval of TQP testing results;
- A Prototype Certification Plan; and
- A Technology Design Review in accordance with IEC TS 62600-2.
Performance-related characteristics shall, where applicable, be assessed in the process and will include at a minimum:
- Structural systems and technologies;
- Design load case analysis;
- Mooring systems;
- Hydrodynamics;
- Electrical systems;
- Control systems;
- Power performance analysis;
- Influence of adjacent structures and collision protection systems;
- Mechanical systems, including rotating systems and their components;
- Safety systems, including emergency shutdown system;
- Biofouling management;
- Maintenance systems including lubrication, cooling, dehumidification etc.;
- Hydraulic systems where applicable;
- Acoustic analysis, where applicable to meet regulatory requirements;
- Ballast systems, where applicable;
- Resource characteristics and Metocean analysis (information only); and
- Geotechnical studies, if applicable (for information only).
Project Certification
Marine energy device plant stakeholders—financial institutions, banks, insurance companies, owners, operators, and regulatory authorities— will require reliability and safety assessments of the marine energy array to accurately define the technical risk involved in project development and operation. Such assessments are the objective of project certification. As of early 2025 there exists no finalized IECRE project certification for wave or tidal energy projects, only offshore wind projects.
As an example, the project certification process outlined in Figure 4 was adapted from the operational document IECRE OD 502:2018 for wind turbines. It starts with a type-certified marine energy device and combines that foundation with a site-specific design environment. It considers manufacturing, installation, continuous operational monitoring, and decommissioning. In this process, the external physical environmental conditions, grid system conditions, and soil properties unique to the site are evaluated to determine whether they meet the requirements defined in the design basis set by the project.
In general, design requirements dictated by project-specific issues are separate from the type certification process. Type certification relies on specified offshore design requirements that is not site specific. IECRE OD 502:2018 allows for the evaluation of the suitability of a type certified wind turbine for specific site conditions under project certification.
The mandatory modules for project certification are:
- Site condition assessment
- Design basis evaluation
- Integrated load analysis
- Design evaluation of wind turbine, blades, and support structure
- Manufacturing surveillance of wind turbine, blades, and support structure
- Transportation and installation surveillance
- Commissioning surveillance
- Final evaluation
Optional modules are:
- Design evaluation of other pieces not addressed above
- Manufacturing surveillance of other pieces not addressed above
- Project characteristic measurement
- Operation and maintenance surveillance
Guidelines
Guidelines are recommended practice documents that are not subjected to a formal protocol or vote of constituencies. They are typically established by classification societies and are solely dependent on the internal quality process and peer review of the originating society. Guidelines consist of recommended, non-mandatory controls that help support standards or serve as a reference when no applicable standard is in place. Guidelines should be viewed as best practices as judged by that society. They are not usually “requirements,” but are strongly recommended in some cases. Guidelines in general have a faster track toward completion and rely on company-based review compared to a larger multi-organization consensus-based standard process. Therefore, industry tends to adopt these guidelines sooner. Because classification societies also issue certificates, they readily use guidelines to fill in the gaps that standards do not yet cover.
Lloyd's Register (LR)
Lloyd's Register is the first IECRE Renewable Energy Certification Body (RECB) for marine energy. They were founded in 1760 in London as the Society for the Registry of Shipping. Lloyd's Register surveyed and classified ships in order to protect the lives and property carried on them. Today Lloyd's Register is a trusted advisor for compliance in shipping, decarbonization and marine energy. Action towards a net zero world continues to build and Lloyd's Register helps to resolve sustainable business ambitions safely, efficiently and effectively.
Det Norske Veritas (DNV)
DNV is a merger between two classification societies, DNV and Germanischer Lloyd (GL), in 2013. DNV of Norway was established in 1864 to inspect and evaluate the technical conditions of Norwegian merchant vessels. Since then, DNV has played a major role in the offshore oil and gas industry by providing design guidelines and acting as a CVA. GL on the other hand was a classification society based in Germany. Its technical and engineering services included the mitigation of risks and assurance of technical compliance for the oil and gas and wind energy industries. GL’s acquisition of Garrad Hassan, an organization that was involved in marine energy consulting brought the technical knowledge of marine energy devices to GL. Merged to a single organization, DNV is the largest classification society that covers a broad spectrum of offshore industries. It has a large collection of guidelines and certifications for offshore structures, some of which are listed below. DNV also plays a leading role in IEC standard activities and offers standards and certification for for wind, wave, and tidal energy devices and projects.
American Bureau of Shipping (ABS)
The ABS, founded in 1862, is a classification society for marine-related facilities. It has been at the forefront of developing guidelines for the offshore oil and gas energy sector since the industry’s formative years. Although ABS is relatively new to the offshore renewable industry, it is uniquely qualified to transfer its offshore and regulatory knowledge toward establishing guidelines for the marine energy industry.
Bureau Veritas (BV)
Bureau Veritas can class and certify any asset within an offshore field or farm. They support offshore actors to improve safety, optimize costs throughout their assets’ lifecycle and reduce risks during operations. Leveraging their expertise in marine, power and offshore technology, they support the business model of marine renewable energy projects by providing Approvals in Principle,Type Certifications for equipment or device as well as qualifications of new technologies and power curve certifications. For projects on the way to commercialization, they propose to cover all the safety, intergrity and performance aspects of a development with a Project Certification.
Guidelines Examples
