The aim of the article is to determine, taking into account the requirements of EU law, at which point of the multi-stage procedure of granting development consent for the construction of offshore wind farms it is necessary to conduct EIA of project types, within the meaning of Directive 2011/92/EU, and what the legal consequences are of failure to obtain a decision on environmental conditions for schemes carried out in Polish maritime areas. Our conclusions may provide guidance as to the necessary amendment to the Polish Act on the Provision of Information on the Environment and Its Protection and on Environmental Impact Assessment and the Act on the Maritime Areas of the Republic of Poland and on Maritime Administration in order to ensure compliance with EU law, environmental safety, as well as reducing the legal risk that such projects entail.