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
Aug 21, 2025
New and Existing Homes Remain Largely Unaffordable in Second QuarterWhile new homes remain largely unaffordable, builder efforts to improve housing affordability paid dividends in the second quarter of 2025, according to the latest data from the NAHB/Wells Fargo Cost of Housing Index (CHI). The CHI results from the second quarter of 2025 show that a family earning the nation’s median income of $104,200 needed 36% of its income to cover the mortgage payment on a median-priced new home. Low-income families, defined as those earning only 50% of median income, would have to spend 71% of their earnings to pay for the same new home.
Aug 20, 2025
Custom Home Building Grows as Broader Housing Market StrugglesAn analysis of census data by NAHB economists shows that custom home building grew 4% in the second quarter of 2025 as high interest rates and home prices suppress demand for traditional spec home production.
Latest Economic News
Aug 21, 2025
Existing Home Sales Rise in JulyExisting home sales rebounded in July as mortgage rates retreated from the recent peak and home price growth slowed, according to the National Association of Realtors (NAR).
Aug 21, 2025
New and Existing Homes Remain Largely Unaffordable in Second QuarterWhile new homes remain largely unaffordable, builder efforts to improve housing affordability paid dividends in the second quarter of 2025, according to the latest data from the National Association of Home Builders (NAHB)/Wells Fargo Cost of Housing Index (CHI).
Aug 20, 2025
Retreat for Single-Family Built-for-Rent HousingSingle-family built-for-rent construction fell back in the second quarter, as a higher cost of financing crowded out development activity.