New WOTUS Rule Becomes Effective Today
The “Navigable Waters Protection Rule” (NWPR), which is the Trump Administration’s new definition of “waters of the United States” (WOTUS), becomes effective today in every state except Colorado.
Implementation begins after Judge Joseph Seeborg of the Northern District of California denied a request last Friday from 17 states, the North Carolina Department of Environmental Quality, the District of Columbia, and the City of New York to issue a preliminary injunction and block the rule nationwide.
Hours later, a district court judge in Colorado issued a preliminary injunction solely in the state of Colorado, which is considering establishing its own wetland permitting program. NAHB had moved to intervene in both of these cases before the decisions were issued.
The NWPR will provide several benefits to builders and developers while continuing to protect important water bodies. For example, it encompasses traditional navigable waters and territorial seas, which Congress clearly intended for federal oversight. However, it also narrows the extent of federal jurisdiction by excluding isolated water bodies, “ephemeral” waters that form only in response to rain, and most ditches. As a result, fewer residential construction projects will trigger federal permitting requirements.
As the rule becomes effective, NAHB is working with the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers to ensure that builders and developers realize its potential benefits. On June 19, NAHB and other industry trade associations met virtually with EPA Assistant Administrator for the Office of Water Dave Ross, Principal Deputy Assistant Secretary of the Army (Civil Works) Ryan Fisher, and other senior political and career agency employees to discuss issues related to the rule implementation. The discussion covered issues such as how to distinguish an excluded ephemeral feature from a jurisdictional intermittent feature, identify adjacent wetlands, and apply the new definition of "uplands" that applies to features lacking all three wetland factors (i.e., plants, soils, hydrology). The meeting marked the beginning of an ongoing dialogue.
Visit nahb.org/wotus for updated resources, including an analysis of the new rule, a video on its implementation, and a PowerPoint presentation that describes its key features and changes compared to prior rules.
NAHB staff is available for presentations or technical assistance. For more information, please contact Michael Mittelholzer at [email protected].
Latest from NAHBNow
Jul 02, 2025
From Disaster Relief to Challenging Gas Bans, HBAs are Making a DifferenceNearly two dozen HBAs received Association Excellence Awards for outstanding contributions they made on behalf of their members and communities in 2024.
Jul 01, 2025
One Big Beautiful Bill Act Will Spur Economic GrowthNAHB Chairman Buddy Hughes issued the following statement after the Senate passed the One Big Beautiful Bill Act.
Latest Economic News
Jul 02, 2025
Two or More Story Home Starts Rebound in 2024Over half of new single-family homes built in 2024 were two or more stories, according the recent release of the Census Bureau’s Survey of Construction (SOC). After declining in 2023, the share of homes started with two or more stories increased again in 2024, continuing the upward trend in place since 2020.
Jul 01, 2025
May Private Residential Construction Spending DipsPrivate residential construction spending fell by 0.5% in May, marking the fifth straight month of decreases. This drop was primarily driven by reduced spending on single-family construction. Compared to a year ago, total spending was down 6.7%, as the housing sector continues to navigate the economic uncertainty stemming from ongoing tariff concerns and elevated mortgage rates.
Jul 01, 2025
Flat Job Openings for ConstructionThe count of open, unfilled positions in the construction industry held steady amid a slowdown for housing, per the May Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS).