Eagle Management

Existing Applicants under new Eagle Rule

Existing applicants who applied prior to February 12th may have the option of applying under the 2016 eagle rule or the 2024 eagle rule. Check out the resource below for more information.

 General Permits for Wind Energy Incidental Take

Under the 2024 eagle rule, the Service established efficiencies in authorizing incidental take associated with wind energy projects. The final rule created a general permit option for projects that have relatively consistent and low risk to eagles and well-established avoidance, minimization, and compensatory mitigation measures. With broader participation in permitting, the Service anticipates increased benefits to eagle populations as more projects implement avoidance, minimization, and compensatory mitigation measures.

General Permit Eligibility for Wind Energy Projects

Eligibility Requirements:

For first-time applicants, general-permit eligibility is based on eagle relative abundance and proximity to eagle nests at the time of application. 

• All turbines must be located in an area with eagle relative abundance less than the threshold identified by regulation (§ 22.250(c)(1)(ii) for both bald eagles and golden eagles).
• All turbines, including the space occupied by blades or other turbine infrastructure, must also be located at least 2 miles from a golden eagle nest and at least 660 feet from a bald eagle nest (§ 22.250(c)(1)(i)). Project proponents are expected to survey for eagle nests with due diligence and in accordance with any Service guidance for nest surveys.

This map of the lower 48 states in the U.S. shows where projects could qualify for general permits or specific permits. General wind energy permits are not available for Alaska or Hawaii or for off-shore wind energy projects. We are providing the map as a simple image, as a high resolution interactive map that includes the geographic areas and information on eagle abundance that is used to determine eligibility for general or specific permits, and as downloadable spatial layers. Please note that existing projects that are only eligible for specific permits may be determined to qualify for a general permit upon Service review of their permit application. 

  EAGLE PERMIT ELIGIBILITY MAP FOR WIND - IMAGE

  EAGLE PERMIT ELIGIBILITY MAP FOR WIND - INTERACTIVE MAP

  EAGLE PERMIT ELIGIBILITY MAP FOR WIND - DOWNLOADABLE SPATIAL LAYER

Image Details

Fee Schedule for General Eagle Incidental Take Permits for Wind Energy

Apply for a General Permit:

General Permit - Eagle Incidental Take - Wind Energy (Available in May 2024)

General Permit Standard Conditions - Wind Energy Permits

General Permit Eagle Mitigation Calculator

Compensatory mitigation is a requirement under eagle incidental take general permits for wind energy projects. The General Permit Eagle Mitigation Calculator tool was developed to assist applicants and permittees. This tool is for informational purposes only and does not constitute a permit.

Technical Resources

This collection of technical resources was developed to assist with understanding the status of eagle populations and take limits, and facilitating the eagle incidental take permit application process.

Specific Permits for Wind Energy Incidental Take

The Service will continue to issue specific permits, or those permits that require submittal of application materials for review and development of permit conditions. Specific permits are for situations that have increased or uncertain risk to eagles, or that require customized permit conditions. Under the 2024 eagle rule, the Service revised the specific permit process to provide clarity to applicants and ensure processing is efficient and consistent with the preservation standard. The Service has created multiple tiers within specific permits: Tier 1, Tier 2, and Tier 2 with reimbursable agreement. 

Tier 1 specific permits are for low-complexity wind energy project applications that can comply with general permit conditions with only minor modifications and for which fatality estimates can be calculated with site-specific data collected to the Service's standards and using the Service's information reporting template. Tier 2 specific permits are for moderately complex application that need modifications to general permit conditions and/or for which fatality estimates require more evaluation of site-specific data, and may require additional negotiation. If the Service spends more than 275 hours processing a Tier 2 permit, the applicant will be required to enter a reimbursable agreement to compensate for additional effort to complete processing of the permit.

Permit Tiers:

Tier 1 ($18,000 application fee + $10,000 administration fee¹): For low-complexity wind project applications that meet the following criteria:

1. Can comply with Specific Permit Tier 1 standard permit conditions or require only minor modifications,
2. Where fatality estimates can be calculated with site-specific data collected to Service standards and submitted using the Service's information reporting template or where the applicant agrees to use the Service's generalized fatality estimation process ( i.e., using the nationwide specific permit priors) for specific permits,
3. Agree to use a Service-approved conservation bank or in-lieu fee program to complete required compensatory mitigation, and
4. Where the Service's decision can be categorically excluded under NEPA. The Service anticipates expediting Tier 1 specific permit application processing.

Tier 2 ($26,000 application fee + $10,000 administration fee¹): For moderately complex applications that (1) need modifications to general-permit conditions, including negotiated compensatory-mitigation requirements or (2) for which fatality estimation requires more evaluation of site-specific data, or (3) negotiation of other requirements.

Tier 2 with Reimbursable Agreement ($26,000 application fee² + $10,000 administration fee¹): For the highest complexity applications, such as applications that require more extensive permit-condition negotiations, cannot be categorically excluded from additional procedural requirements of NEPA, or other unique circumstances, the Service will charge the Tier 2 fee and require applicants, including government agencies, to enter into a reimbursable agreement with the Service to offset additional Service costs associated with this added complexity and review time in excess of 275 hours.

Fee Schedule for Specific Permits for Wind Energy:

¹For existing permittees, the Service will charge an amendment fee and an administration fee for permittee-requested substantive amendments that require new analysis, such as modifications that result in re-estimating take, re-evaluating compensatory mitigation requirements, or requiring additional environmental review to comply with procedural requirements under NEPA.

²A reimbursable agreement may be required for specific eagle permits to cover the costs above estimated staff-hours.

Apply for a Specific Permit:

Specific Permit - Eagle Incidental Take - Wind Energy

Specific Permit Tier 1 Standard Conditions - Wind Energy Permits

These conditions are the standard permit terms for specific permits issued to wind energy facilities. For a specific permit application to be processed under a Tier 1 application review, the applicant must agree to these terms, or require only very minor modifications.  Wind energy facility applicants that cannot agree to these terms, or whose application review requires the creation of a tiered EA or EIS, will have their applications processed under a Tier 2 application review. The issuing region may change language highlighted in these standard conditions.

Technical Resources

This collection of technical resources was developed to assist with understanding the status of eagle populations and take limits, and facilitating the eagle incidental take permit application process.

Bald Eagle and Golden Eagle Compensatory Mitigation Programs

The USFWS has approved power pole retrofits and lead abatement to offset eagle take, and is reviewing other mitigation options for approval in the near future. We strongly encourage anyone interested to reach out to the Service if they would like to be a mitigation provider or would like to develop an additional mitigation method. Please email migratorybirdpermits@fws.gov. 

The U.S. Fish and Wildlife Service currently has two authorized in-lieu fee programs, the Bald Eagle And Golden Eagle Electrocution Prevention In-lieu Fee Program and the Eagle Protection and Offset Program, to sell compensatory mitigation credits for bald and golden eagle take.  These two third-party mitigation options are specific to eagles and authorized by USFWS to offset incidental eagle take.  (Note: USFWS authorization of these programs does not constitute blanket endorsement of either company, or a parent company, operating these programs)

Bald Eagle And Golden Eagle Electrocution Prevention In-lieu Fee Program

Eagle Protection and Offset Program

National Environmental Policy Act

Issuance of eagle take permits under the Bald and Golden Eagle Protection Act may require environmental consequences analyses pursuant to the National Environmental Policy Act (NEPA). The Service prepared a programmatic review of the impacts from issuance of incidental take of eagles and take of eagle nests. The analysis of various alternative management options and rule revisions, including the final rule revisions, are documented in the Programmatic Environmental Impact Statement for the Eagle Rule Revision, and our final decision on proceeding with the final rule is documented in the Record of Decision. The Service prepared an Environmental Assessment for the 2024 Eagle Take Permit Rulemaking, and our final decision on proceeding with the rulemaking is documented in the Finding of No Significant Impact.

We may also conduct environmental analyses for issuance of individual eagle permits. The Service makes the documents pertaining to these NEPA analyses available to the public in our NEPA Documents for Eagle Permits library:

Common Questions about Wind Energy Permits