NAHB Supports Proposed WOTUS Rule, Seeks Key Clarifications

Environment
Published

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.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

IBS | Remodeling
Aug 24, 2026
Invisible Upgrades Key to Performance Goals of IBS 2027 Show Home

A full-scale reinvention of a dated, luxury home is well underway for The New American Remodel 2027. Much of the recent work has focused on changes that won't be visible once the project is finished but are critical to its lofty, high-performance goals.

Housing Finance
Aug 21, 2026
ROAD to Housing’s Community Bank Provisions Broaden Builder Financing Options

The 21st Century ROAD to Housing Act includes nine provisions designed to strengthen small financial institutions, including community banks, by easing regulatory burdens, reducing funding costs, and encouraging the creation of new banks.

View all

Latest Economic News

Economics
Aug 21, 2026
Second Quarter Declines for Single-Family Built-to-Rent

Single-family built-for-rent (SFBFR, or built-to-rent (BTR)) construction fell back in the second quarter of 2026, as a higher cost of financing, increased multifamily supply and policy concerns over Congressional legislation related to institutional capital froze parts of the development market.

Economics
Aug 20, 2026
Short-Term Townhouse Construction Weakness

Second quarter 2026 data reveal softer conditions for townhouse construction as housing affordability challenges affect homebuyer demand, particularly in larger metropolitan markets.

Economics
Aug 19, 2026
Flat Conditions for Custom Home Building

With overall single-family construction down almost 7% for the first seven months of 2026, custom home building has been a relative bright spot for the residential construction industry.