NAHB Supports Proposed WOTUS Rule, Seeks Key Clarifications
NAHB submitted comments yesterday to the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) in response to the Trump administration's proposed definition of "waters of the United States" (WOTUS).
2019 NAHB Chairman Greg Ugalde summarized the views of NAHB, developers and builders by saying NAHB "largely supports the proposal and appreciates the efforts of the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to further refine the limits of federal authority and ensure the rule is clear, understandable and workable."
The proposed rule would clarify the extent of federal oversight and correct the vast overreach of prior rules. Once finalized, builders and developers will be better able to determine for themselves whether they will need federal permits for construction activities. And, because the rule narrows the extent of federal jurisdiction by excluding isolated water bodies, "ephemeral" waters that only form in response to rain, and most ditches, builders should require fewer Clean Water Act permits for isolated or temporary wetlands or water bodies.
NAHB's comments included many suggestions on how to clarify the proposed rule and thereby help developers, builders and other landowners to implement the proposed rule’s requirements in the field. For example, NAHB asked the agencies to clarify how landowners should identify excluded ephemeral waters, calculate the amount of rainfall necessary to render a water body jurisdictional, and limit the period of time allowed to determine whether a ditch is man-made or natural. Many state and local associations and NAHB members also provided their own comments on the proposed rule.
In addition, NAHB members provided testimony during several field hearings on the proposal including Feb. 27-28 in Kansas City, and small business roundtable hearings by the U.S. Small Business Administration in Denver on March 27 and Tampa on April 4. Though the proposal marks a milestone in the effort to better define WOTUS, NAHB also asked the agencies to act quickly to rescind the problematic prior 2015 rule.
EPA and the Corps will now review all comments submitted during the comment period, and revise the proposed rule before issuing a final rule.
NAHB will continue to provide input to the agencies during that process and keep members informed of any developments.
Latest from NAHBNow
Jan 09, 2026
From Décor to Resiliency, IBS Design Central Covers It AllAt the 2026 NAHB International Builders’ Show® (IBS) in Orlando Fla., there will be education sessions centered on design. Design Central will offer engaging presentations led by some of the industry’s top professionals, covering everything from décor to sustainability. Here are the Design Central presentations, all taking place at the Orange County Convention Center (OCCC).
Jan 09, 2026
Final Touches Underway at The New American Home 2026Watching a new home come to life in the final stages of construction is a satisfying experience—not just for the owners, but for the builder as well. That feeling is only amplified when the home is a focal point of the International Builders’ Show (IBS)—the industry’s largest trade show.
Latest Economic News
Jan 09, 2026
Townhouse Construction Share Gains ContinueAccording to NAHB analysis of the most recent Census data of Starts and Completions by Purpose and Design, during the third quarter of 2025, single-family attached starts totaled 46,000. Over the last four quarters, townhouse construction starts totaled a strong 179,000 homes, which is 1% higher than the prior four-quarter period (177,000). Townhouses made almost 20% all of single-family housing starts for the third quarter of the year.
Jan 09, 2026
Job Growth Slowed as 2025 EndedJob growth continued to slow at the end of the year, reinforcing signs of a cooling labor market. Nonfarm payrolls increased by 50,000 jobs in December, while the unemployment rate edged down slightly to 4.4%.
Jan 09, 2026
Residential Construction Softens Amid Ongoing Housing Market HeadwindsThe latest residential housing market report, delayed by the federal government shutdown last fall, indicates that builders have faced significant headwinds in recent months. Elevated mortgage rates earlier in the year have restrained buyer demand and weighed on home building activity, alongside persistently high construction costs.