There are currently no commercial kelp farms in Alabama; the legal status of commercial kelp farming is unconfirmed. A few research projects incorporated various species of seaweeds on oyster farms in 2017. There is an active commercial shellfishing industry in Alabama.

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Yes! Sugar kelp grows in Alaska, and ocean farmers are growing it on farms, along with bull kelp and ribbon kelp.

$6,225.00 (plus liability insurance, and any additional bond fees set by the Department of Natural Resources––our number includes the minimum performance bond of $2,500, as well as various application, licesnse, and lease fees)

The Alaska Department of Natural Resources (ADNR) is the lease-granting authority, and the Alaska Department of Fish & Game (ADF&G) is the agency that issues the permits for wild seedstock collection and for growing the seed on your farm. The agencies have a Joint Application, and only accept applications between January 1st and April 30th of each year.

Yes. Visit the ADF&G map of current permitted operations to find out where people are farming and what they are permitted to grow.

Yes. Alaska Ocean Observing System (AOOS) developed a Mariculture Map decision support tool, currently in its BETA form. The Mariculture Map brings together multiple data sets so that you can explore and evaluate everything from seabird colonies to salinity across more than 6,600 miles of coastline. Once you hone in on an area of interest, you can use the tool to create a General Location Map, a Detailed Location Map, and Site Plan Map for your lease and permit applications.

Visit the Alaska Aquaculture Permitting Portal, Review the Aquatic Farm Leasing Program information on the ADNR website and information about Applying for an Operation Permit from the ADF&G. Consider downloading the Alaska Aquaculture Permitting Guide.

1 to 2 years, on average. Though it may take less time if your application is thorough and deemed “complete” early in the review process. And it may take longer if a public hearing is deemed necessary.

Governor Walker created the Alaska Mariculture Task Force in 2016 to create a comprehensive plan to boost the industry. The 2018 Alaska Mariculture Development Plan outlines ambitious plans to scale the seaweed and shellfish farming industry and grow a $100 million mariculture industry in 20 years. The agencies overseeing mariculture leases and permits (ADNR and ADF&G, respectively) have seen an uptick in applicaitons in recent years, and are working to increase capacity to review lease and permit applications. The annual cost per acre of subtidal land is higher in Alaska than in most other states with an established seaweed and shellfish farming industry: starting at $450 for the first acre, $125 for the second acre or portion thereof, and each acre after that up to 30 acres, and $109 per acre for each acre or portion thereof over 30 acres. The national average is about $70/acre.

To be determined. Native giant kelp, sea lettuce, gracilaria, dulse, and a handful of other species of red seaweed have been approved for cultivation on research or commercial farms. Regulators are evaluating the presence of sugar kelp in California waters and potential for sourcing seed for cultivaiton.

The base costs for lease application fees and related permits is $6,470. Recent applicants for multi-species seaweed and shellfish farms have had to complete a California Environmental Quality Act review, with a price tag that may exceed $500,000. Costs of the CEQA review will vary, but expect them to be steep. Seaweed and shellfish farmers must also secure Public Liability Insurance before a lease and permit will be issued; those costs are variable and are not included in the base cost listed above.

No new leases have been granted for shellfish cultivation in over 20 years. While the oyster growing industry is historic and well established, no commercial kelp farms have yet launched in the state. One commercial seaweed farm, growing dulse and gracilaria, was established in Northern California in fall 2020. A few experimental seaweed farm sites operate under scientific research permits. Currently, barriers to entry are high for prospective new ocean farmers with the state’s lease application process being prohibitively expensive. Mainly due to costs related to California Environmental Quality Act (CEQA) requirements with high consultancy fees for conducting biological studies to understand potential impacts and inform a written Environmental Impact Report subject to public review.

Yes, sort of. The California Department of Fish & Game MARINE Map currently shows the locations of existing shellfish farms, but does not include areas approved for seaweed culture (in Humboldt Bay).

In addition to the CA DFG MARINE Map, the National Oceanic and Atmospheric Administration’s (NOAA’s) National AquaMapper – Marine Aquaculture Screening Tool combines biophysical data with shipping and marine industry data across the U.S. coastline. You may need to dig a little deeper to find specific information about the bay, harbor, or water body that you are interested in farming in, but this is a good place to start.

If you are looking for a site in California state waters, the first place to look is the California Department of Fish and Wildlife – Aquaculture.

If you are seeking a site offshore from California, visit the California Offshore Shellfish Aquaculture Project (COSAP) website.

For additional information about seaweed farming in California, read GreenWave’s Guidelines for California Ocean Farm Permit Approval.

3 – 5 years
A farmer must have a lease before a permit will be issued. The process to secure a lease may take 2 years, but there is a statewide freeze on new lease applications in place until at least Nov 2020. Most sites will also require an Environmental Impact Assessment, following guidelines defined by the California Environmental Quality Act (CEQA). This process varies in cost, but recent averages are in the low to mid six figures ($100,000-$600,000) for the review and report.

The process of securing a lease and permit in California is much more difficult and much more expensive than in other states where commercial farming of seaweed and/or shellfish are allowed. Though the State is making progress and there are numerous interst groups trying to make advances for seaweed farming, specifically, there is not a clear roadmap for permitting a seaweed farm in state waters.

Read GreenWave’s Guidelines for California Ocean Farm Permit Approval.

Per California Environmental Quality Act (CEQA) requirements, prospective farmers are required to complete an Environmental Impact Assessment for their site. This process is prohibitively expensive for most––we’ve seen quotes of over $600,000 for a 100-acre site––and will favor larger businesses or developers who can pay the hundreds of thousands of dollars required to complete the assessment and write a report. Humboldt Harbor and Recreation District maintains a small number of pre-permitted sites, but lease costs are high––no doubt to defray these costs of the CEQA review and capitalize on their rareness. The average cost of an acre of subtidal land for aquatic farming in the U.S. is about $70/acre/year. In Humboldt Bay, pre-permitted sites are about 50 times more expensive than the national average: ranging from $300-$400/acre/month (yes, per month).

Yes. Sugar kelp (Saccharina latissima) is currently the only seaweed species approved for commercial cultivation in Connecticut coastal waters.

$1,010 (not including the bond fee or mandatory public notice fees, which range in cost according to the town and, subsequently, the determination of newspaper of general circulation. Fees typically range from $200 – $1200 per notice).

There are several lease types in Connecticut: including bottomground leases with town shellfish commissions, and leases and licenses with the State of Connecticut Department of Agriculture Bureau of Aquaculture for shellfish and seaweed parcels in state waters, respectively. Many towns have Shellfish Commissions that control bottomlands within town waters and lease them to individuals or companies with valid shellfish licenses. The lessee must use these leases the grounds for shellfish cultivation, but they may also apply for permits for longlines and other suspeded gear and, if permits are approved, use the vertical water column for seaweed and shellfish cultivation. The Bureau of Aquaculture has jurisdiction over shellfish grounds in state waters, which are mostly used for bottom culture. The Bureau of Aquaculture has also begun to work with farmers on a case-by-case basis to create parcels for seaweed cultivation in state waters. Farmers may receive licenses to operate on these parcels from the Bureau of Aquaculture, which may expire/be renewed after 5-years, allowing them to cultivate seaweed seasonally: longline gear may not be installed before October 1 and must removed from the water between May 1 and June 15, annually, depending upon the site. A majority of seaweed farmers in Connecticut hold licenses for parcels in state waters. Most of the shellfish grounds in Connecticut, whether in town or state waters, are used for bottom culture of eastern oysters or northern quahog clams.

Yes. The University of Connecticut Center for Land Use Education and Research (CLEAR) developed the CT ECO Aquaculture Mapping Atlas. The Atlas includes record of current aquaculture operations, so you can take a look at the size and types of ocean farms along the Connecticut coastline. The Atlas also includes a catalog of data sets and siting tools to help prospective farmers evaluate and make decisions about potential sites.

Yes, CT Eco to the rescue once again.

Take a look at the University of Connecticut’s guide to Aquaculture in Connecticut and Sea Grant’s Guide to Marine Aquaculture Permitting in Connecticut.

6 months – 1 year on average

Connecticut has a well developed shellfishing industry and a growing seaweed industry. The lease and permitting process are fairly streamlined for both, with clear guidance from the Bureau of Aquaculture and Connecticut Sea Grant. However, Connecticut falls short of other states with respect to seaweed harvest and processing. There are no large-scale seaweed processors operating in Connecticut at this time. Most growers sell direct to restaurants and consumers. Seaweed growers are required to participate in Hazards and Critical Control Points (HACCP) training and develop a HACCP plan, but most of the guidance and training pertains to shellfish operations. In most cases, and unless a grower has received a cottage license or other processing certification and has access to a commercial kitchen, seaweed farmers are limited to selling fresh/wet unprocessed kelp to purchasers. In other words, farmers are not allowed to dry, blanch, cut, or otherwise process their crop to add shelf stability. Farmers in neighboring Rhode Island have more flexibility in their handling of the crop, which is regulated more similarly to land-based crops than to shellfish.

No. There is currently no regulatory processes for commercial sugar kelp farming in Delaware.

No. There is currently no regulatory processes for commercial sugar kelp farming in Florida.

No. There is currently no regulatory processes for commercial sugar kelp farming in Georgia.

No. There is currently no regulatory processes for commercial sugar kelp farming in Hawaii. Limu, a native seaweed and a traditional food for Native Hawaiians is cultivated in brackish coastal ponds.

No. There is currently no regulatory processes for commercial sugar kelp farming in Lousianna.

Yes! Sugar kelp (Saccharina latissima) is a native species approved for commercial cultivation in Maine. As are skinny kelp (Saccharina angustissima) and winged kelp (Alaria esculenta).

$4,233 – $7,233. If you’re applying for a 10-acre lease and permit, you’ll need a Standard Lease. The base cost of your lease and permits will be $2733. The additional cost (and range) is due to the bond fee, which is based on the square footage of gear on your site. Sites with less than 400 sqft of gear/structures are $1500, site with more than 400 sqft of gear/structures have a minimum bond fee of $5000, and it goes up from there. It’s safe to assume that the square footage of anchors, buoys, and other gear on a 10-acre site will be greater than 400.

You don’t have to start at 10-acres. There Maine Department of Natural Resources offers three ocean farm lease options: the Limited-Purpose Aquaculture License, for up to four 400 sqft sites approved for one year; the Experimental Limited-Purpose Aquaculture Lease, for sites up to four acres for a maximum of three years; and a Standard Lease, which has no minimum or maximum acreage, per se, and is a more extended term lease. You could get started on an LPA and work your way up to a Standard Lease over time; this is a great option if you want to learn the ropes, and learn to grow and sell your crops at a small scale and then grow as your skills and business chops improve. Lease applications are accepted byetween January 1 and September 30 annually. Applications submitted after September 30 for same year approvals will be returned. Additional permits may be required for seaweed longlines and other suspended aquatic farm gear.

Yes. The Maine Department of Natural Resources (DMR) has an Aquaculture Lease Map.

The Maine DMR Aquaculture Map is helpful for both site assessment and tracking current operations. 

Start by reading this article from Maine DMR on Conducting Aquaculture in Maine.

Then review the Aquaculture Lease Applications and Forms on the DMR website.

Also check this out: The Maine Aquaculturalist recently released “The Essential Start Guide to Maine Aquaculture“.

12 to 18 months for a Standard Lease.

Maine has a well developed industry and an established and organized permitting process. It might be difficult to find a parcel where your operations won’t compete with other uses. That said, the seaweed farming season dovetails nicely with lobstering in most cases. And the different types of leases that DMR offers are well suited to folks who want to try out ocean farming without too much risk or upfront investment and scale over time. There are also organizations in Maine, such as the Island Institute, that are working to connect ocean farmers with the educational and financial resources they need to be successful.

No. There is currently no regulatory proceses for commercial sugar kelp farming in Maryland.

Yes! Sugar kelp (Saccharina latissima) is a native species approved for commercial cultivation in Massachusetts.

$1,290 or more. Total may vary according to rates set by municipality.

In Massachusetts, you will be seeking a “license” or “grant” for a site rather than a “lease” in most cases. The process for seaweed farming is somewhat straightforward if you plan to cultivate shellfish, or already have a site where you’re cultivaiting shellfish. If you’re starting from scratch and intend to only grow seaweed and not shellfish, then the process is a bit different: you’ll need to consult with the Division of Marine Fisheries, but will also need approval from the town in which your farm is located. Some towns in Massachusetts have regulations that prevent non-town residents from securing sites/licenses to operate in their waters, so get to know the rules!

Seaweed farmers in Massachusetts are required to sell their crop to wholesale seafood distributors that are licensed in the state. This means that unless the farmer procurs this licensing, they are not allowed to sell direct to resturants, consumers at farmers markets, or even to large-scale seaweed processors (if neither they nor the processor has the appropriate licensing). This is a significant disadvantage for ocean farmers in the state.

Waters off of Massachusetts are also migration routes to Northern Right Whales and other marine mammals. The potential for Right Whale entanglement in longlines and other fisheries and aquatic farm gear is a serious concern. Though there is nuance, use of suspended longline systems for seaweed and shellfish cultivation is generally prohibited on the east side of Cape Cod and in Cape Cod Bay.

Cape Cod as a geographic feature is also a dividing line among kelp populations. Current research indicates that sugar kelp populations on either side of Cape Cod have some notable differences. Sugar kelp populations south of Cape Code and into Long Island Sound are fairly similar, genetically, while populations north of the Cape and into the Gulf of Maine are similar to one another, but different from populations south of the Cape.

The Massachusetts Shellfish Aquaculture Siting Tool: MA-ShellfAST Viewer shows locations of current operations (though some of the permitted seaweed farms were missing at the time of publication).

MA-ShellfAST is also a great tool for site assessment and evaluation of potential site conflicts.

Massachusetts Division of Marine Fisheries recently released an online Aquaculture Permitting Tool. This tool is a great resource and includes comprehensive information about licensing and permitting.

6 months to 2 years 

The shellfishing industry is well established in Massachusetts, with many intertidal shellfish farms in Buzzards Bay, around Cape Cod, on Martha’s Vineyard and Nantucket. Although there is a long history of seaweed harvest in the state (read more about the history of the MA Irish moss industry here ) commercial farming of seaweed, particularly sugar kelp, is in its nascency.

Several pioneering shellfish farmers have tested the viability of seaweed cultivation and at least one has managed to develop a solid market for their crop. Many of the farmers have observed less abundant growth than farmers in neighboring Rhode Island, potentially due to low levels of phosphorus in the water column.

With respect to cost of licensing and permitting and amount of time it takes to get all of the approvals you need before you can put gear in the water, Massachusetts is pretty average. But compared to other states, seaweed farmers are a bit more restricted in how/where they can sell their crop.

No. There is currently no regulatory processes for commercial sugar kelp farming in Mississippi.

Yes. Currently, the only farms growing sugar kelp in New Hampshire are research sites. However, commercial seaweed farming is permitted.

$5,200. There is a Marine Aquaculture License application fee of $200 and an annual fee for off-bottom culutre at $500/acre. This does not include any US Coast Guard permit fees.

The Department of Fish and Game only completes site assessments between May and October; applicants outside that time period will be delayed. Marine Aquaculture Licenses expire annually on December 31.

Yes. New Hampshire Coastal Viewer

DFG does not have a standard application form. Interested farmers can submit a request following guidelines of NH Code of Administrative Regulations, Fis Rule 807 Contact DFG Biologist, Robert Atwood – phone (603) 868 – 1095; email robert.atwood@wildlife.nh.gov

There is not a standard time estimate for permitting applications.

New Hampshire does not currently have any active seaweed hatcheries in the state, and the farms growing sugar kelp are predominately sourcing seed from Maine. Compared to nearby Maine, the industry is very small, however there is the regulatory framework in place to support commercial kelp farming there.

No. There is currently no regulatory process for commercial sugar kelp farming in New Jersey.

Yes, in some places. The commercial farming of kelp is currently allowed in waters held by the towns of Islip and Brookhaven. Additionally, a bill passed the New York state legislature in June, 2021 that would allow kelp farming on existing Suffolk County aquaculture leases in Peconic Bay and Gardners Bay. It is also possible to apply to farm kelp in New York State waters in Long Island Sound by submitting an application to the New York Department of Environmental Conservation (DEC) for a Temporary Marine Area Use Assignment for the purpose of aquaculture, issued by the New York Office of General Services. This would grant temporary use of New York State waters for off-bottom gear culture with terms of a 5 acre size limit and annual renewal. However, there are not currently any kelp farms in New York that have utilized this permitting method.

It depends. Because the jurisdiction over kelp farming is administered at the local county or township level, the lease fees will vary based on the location of your proposed farm. In Suffolk County, there is a $150 lease application fee, and an annual fee of $200 plus $5 per acre for a 10-acre commercial lease. So start-up costs would be $400 in lease fees.

The jurisdiction of New York state waters is complicated, with many near-shore waters falling under the purview of local township or county jurisdiction. You may need to apply for multiple tiers of permission to farm kelp in New York waters. It’s also important to note that many New York kelp farmers are using shallow-water farming systems in estuaries, which requires a slightly different setup than the deepwater system described in the following courses.

Yes. The New York State DEC Shellfish Aquaculture Mapper shows shellfish farms on state waters.

The Suffolk County Shellfish Aquaculture Lease Maps shows leases in Suffolk County waters.

The Suffolk County Aquaculture mapper can be used to identify current aquaculture leases in Gardners and Peconic Bay that could be sited for kelp farming.

For leases in NY State waters you can start by reading more from NY Department of Environmental Conservation.

For information on leases in Suffolk County.

For Town of Islip.

Because sugar kelp is such a new species to be commercially cultivated in New York, it’s not uncommon for the leasing process to take over a year.

Kelp farming in New York state is still in its early stages compared to other states in Southern New England. The lease application process is more straightforward in neighboring states such as Connecticut and Rhode Island.

No. There is currently no regulatory process for sugar kelp farming in North Carolina.

To be determined. There are currently no ocean-based seaweed farms (including sugar kelp) operating in Oregon. However, there are three land-based farms for dulse. It’s unclear if a regulatory process exists for permitting an ocean-based seaweed farm.

Yes! Commercial farming of sugar kelp is allowed in Rhode Island, and there is an abundance of wild kelp that farmers use as a seed source for their crops. The industry is still young in Rhode Island, but it is growing.

The base cost for a 10-acre Standard Aquaculture Lease and associated licenses and permits is $1,525.

Your total cost may be higher or lower, since application fees are based on estimated project costs.

The Rhode Island Coastal Resources Management Council offers a Commercial Viability Aquaculture Permit in addition to a lease and standard Aquaculture Permit. If you are new to ocean farming or are tyring a new gear type, you might consider applying for a Commercial Viability permit to learn the ropes and evaluate the viability of a site. Bear in mind, Commercial Viability permits are only issued once for a site, you are limited to 1000 square feet of area, and you can only make a one-time sale of any product grown on the site, but they last for 3 years––after which you may apply for a standard Aquaculture Permit.

Rhode Island also has a rule limiting use of waterbodies for aquaculture to 5% of its surface area. Once a waterbody (bay, pond, etc) reaches that 5% limit, no more sites will be leased or operations permitted until the percentage drops. This could mean that that premium spot you’re scoping out on a salt pond may not be available for years to come.

In the event a lease holder fails to pay the annual lease fee, or if the lease area is not actively used for a period of one year, the lease agreement, all assents, and authorities will be terminated.

Use the Rhode Island DEM Marine Fisheries Map to evaluate site conditions and potential conflicts, as well as to see where people are currently farming.

Visit the Aquaculture section of the Rhode Island Coastal Resources Management Council’s website to learn more about the lease and permit process and read the Coastal Resources Management Council’s Guide to Aquaculture Applications.

8-10 months

Compared to other states in southern New England, the cost of leasing and permitting is low and the length of time it takes to work through the process on par with other states; maybe even a bit more streamlined. It might be difficult to find an ideal site, but once you find something that will work for you and the species you want to grow, follow best practices and heed the guidance in the CRMC’s Guide to Aquaculture Operations and you may move through the lease and permit process in under a year.

No. There is currently no regulatory process for sugar kelp farming in South Carolina.

No. There is currently no regulatory process for sugar kelp farming in Texas.

No. There is currently no regulatory process for sugar kelp farming in Virginia.

Yes – but in limited capacity. The only kelp farms in Washington state are currently operating under research permits, and commercial applications are pending. However, commercial farming for other seaweed species has been permitted for on-land tanks.

It’s unclear as there are currently no commercially permitted kelp farms in Washington State. For shellfish leases in state waters fees start from $1000 per year and range up to $10k. Additional requirements include insurance coverage for general liability, protection and indemnity, property insurance, and a performance bond.

Washington’s 2.6 million acres of state-owned aquatic lands are managed by the Department of Natural Resources (DNR) and divided into three Aquatic Districts: the marine waters of Puget Sound, the coast and the Straits of Juan de Fuca, and the navigable rivers and lakes located across the state. For more than a hundred years, DNR (and its predecessor) has offered leases to support aquaculture operations to grow oysters, clams, and mussels using a variety of methods such as: bottom, bag, intertidal long lines, and floating shellfish rafts. Around 2,100 acres of state-owned aquatic land are under lease for aquaculture, mostly in tidelands, with about 80 percent of the commercial aquaculture leases are for oyster culture. However state-issued leases only account for a small fraction of shellfish harvest in the state of Washington. There are also a significant number of privately-held shellfish farms on private land that predates statehood, and harvesting areas and farms held by Tribal entities.

Kelp aquaculture was initiated by ocean acidification (OA) research through the Puget Sound Restoration Fund and led to Puget Sound kelp restoration projects. The first commercial kelp farm application was submitted in 2019 and started as a pilot site in 2017 located on a permitted shellfish farm. Washington Sea Grant presented kelp farmer training workshops in 2019 & 2020 as interest in kelp and seaweed aquaculture continues to grow.

Washington State Commercial Shellfish Mapper

Washington State Coastal Atlas Map

Governor’s Office of Indian Affairs

See above.

Read more about the Washington State Department of Natural Resources aquaculture permitting process here.

Permitting resources can be found at:
Washington State Department of Natural Resources.

JARPA Resource Center.

It’s unclear since there is only one commercial sugar kelp farm currently permitted in Washington State. Traditionally the process has been very slow, taking aspiring farmers multiple years.

There is lots of interest in kelp farming both for restoration and commercial use in Washington State, however the industry is still in its nascent stages. Especially compared to nearby British Columbia and Alaska, where there is significant kelp farming activity.