New Stormwater Construction General Permit Addresses NAHB’s Concerns
In a big win for builders, the Environmental Protection Agency (EPA) on May 28 modified its stormwater construction general permit (CGP) to address several of NAHB’s concerns.
The major issue EPA addressed was to remove the "joint and several" liability language in the permit that could hold builder’s responsible for another builder's failure to comply with the Clean Water Act. This requirement could have subjected builders to significant fines for problems they did not create.
EPA clarified that when multiple builders are at the same site, they may develop a group stormwater pollution prevention plan (SWPPP) instead of individual SWPPPs, but each builder is ultimately responsible for complying with the permit. This permit modification also clarified three requirements to make sure they are consistent with EPA’s regulations, and it modified two definitions at the request of NAHB.
Although only immediately applicable in New Mexico, Idaho, Massachusetts and New Hampshire, as well as Puerto Rico and the District of Columbia, the CGP serves as a model for most other states when they develop their own stormwater permitting requirements.
Both developers and builders must seek coverage under the CGP for construction that disturbs more than one acre, or less than one acre when the lot is part of a larger development, such as an individual builder working on single lots within a residential subdivision.
This modified CGP will be in effect until February 2022, at which time EPA will need to reissue a new CGP.
Latest from NAHBNow
Workforce Development
Sep 02, 2026
Florida HBA Opens New 43,000-Square-Foot Workforce Education Center
The Northeast Florida Builders Association debuted its new 43,000-square-foot Workforce Education Center and headquarters with a ribbon-cutting ceremony on Aug. 13.
Advocacy
Sep 02, 2026
New York Housing Leader Warns Congress Gas Bans Undermine Affordability
Michael Fazio, executive director of the New York State Builders Association, told Congress today that energy mandates are driving up construction costs and deepening the housing affordability crisis.
Latest Economic News
Economics
Sep 02, 2026
House Price Appreciation by State and Metro Area in the Second Quarter of 2026
U.S. house prices continued to rise in the second quarter of 2026, with most states and metropolitan areas recording annual gains. Elevated borrowing costs and affordability constraints remained important headwinds, while limited housing supply continued to support prices in many markets, particularly across parts of the Midwest and Northeast.
Economics
Sep 01, 2026
Number of Open Construction Sector Positions Rising
The number of open positions in the construction sector increased in July per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The current level of open jobs is down from three years ago due to declines in construction activity, particularly in housing.
Economics
Sep 01, 2026
HBGI Q2 2026: Single-Family Construction Contracts Broadly While Multifamily Expands
Home building trends diverged across geographies in the second quarter of 2026. According to the Home Building Geography Index (HBGI), single-family construction declined in nearly all geographic categories, although the contraction eased in most markets from the first quarter.