What Does the Recent WOTUS Rule Change Mean for Your Projects?
As NAHBNow previously reported, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the agencies) recently halted implementation of the "waters of the U.S." (WOTUS) regulatory definition as finalized under the Trump administration's Navigable Waters Protection Rule (NWPR), reverting back to a pre-2015 WOTUS regulatory definition.
The Sept. 3 announcement was an abrupt reversal because the agencies had previously committed to a series of public hearings, followed by a two-step federal rulemaking process, during which time the WOTUS regulatory definition as finalized under the NWPR was to remain in effect nationwide.
To help builders and developers understand how to move forward with ongoing or planned projects, NAHB developed FAQs to provide interim (unofficial) guidance based upon the Clean Water Act (CWA) statute, existing regulatory guidance documents, and past practices by the agencies during previous instances of changing interpretations of the WOTUS regulatory definition.
NAHB will continue to press the agencies for additional guidance concerning the status of the ruling by the U.S. District Court for the District of Arizona to vacate the NWPR, timing of expected field hearings by the agencies on a new WOTUS definition, and a timeframe for when the Biden administration will propose a new WOTUS regulatory definition under the CWA.
You can access the WOTUS FAQs on nahb.org. For more information, contact Mike Mittelholzer.
Latest from NAHBNow
Building material costs increased by 6.7% over the past 12 months, according to results from the survey for the July 2026 NAHB/Wells Fargo Housing Market Index (HMI).
Shirley McVay Wiseman, 1989 NAHB president, passed away on Sunday, Aug. 23. A pioneer in the home building industry, Wiseman was the first woman elected president of NAHB.
Latest Economic News
The latest report shows the Federal Reserve’s preferred inflation gauge remains sticky in July, complicating the Fed’s path to its long-term 2% target. Meanwhile, consumer spending remains resilient but is showing signs of slowing, with real consumer spending unchanged in July. Households are pulling back on spending amid persistent inflation.
Multifamily missing middle construction declined during the second quarter of 2026.
Elevated borrowing costs, rising inflation and broad economic uncertainty continue to curb buyer demand and hold back new home sales.