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
NAHB analysis takes a deeper look into the median ages of construction workers by state and by trade.
NAHB members who were unable to join us in Detroit for the 2026 Fall Leadership Meeting can watch some of the highlights on nahb.org.
Latest Economic News
Nationwide, the share of non-conventional financing for new home sales accounted for 32.4% of the market, according to NAHB analysis of the 2025 Census Bureau Survey of Construction (SOC) data.
When asked if remodelers started a project involving an Accessory Dwelling Unit (ADU) over the past twelve months, 24% indicated that they were building an addition for use as an ADU and 23% indicated that they were converting an existing space to an ADU, according to NAHB’s Remodeling Market Index (RMI).
Nearly three-quarters of new single-family homes started in 2025 were built on slab foundations, according to NAHB analysis of the U.S. Census Bureau’s Survey of Construction (SOC).