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
Leading Suppliers Council
Sep 23, 2026
Discover What’s Next for Smart Homes and Attainable Housing
The smart home is entering a new era and builders have an opportunity to get ahead of what home owners will expect next. Join the NAHB Leading Suppliers Council for a free, two-part webinar on Monday, Sept. 28, to get a closer look at the technologies shaping the future of housing.
Membership | IBS | Advocacy
Sep 23, 2026
Chairman's Update: Top Events for Housing
2026 NAHB Chairman Bill Owens provides updates on key events for the residential construction industry, including why members should get out to vote this November and why now is a great time to register for the International Builders' Show.
Latest Economic News
Economics
Sep 24, 2026
Single-Family Detached Homes Still Dominate Among the 55+ Population
Adults ages 55 and older make up a large and growing share of the U.S. population and play an important role in the U.S. housing market. In 2024, around 103 million Americans were ages 55 or older, ranging from adults still in the labor force to retirees.
Economics
Sep 23, 2026
Number of Bathrooms in New Single-Family Homes in 2025
Single-family homes started construction in 2025 typically had two full bathrooms, according to the U.S. Census Bureau’s Annual Survey of Construction.
Economics
Sep 23, 2026
Q2 2026 Remodeling Market Update: Labor and Nonlabor Input Costs
The remodeling industry is taking on a larger role within the residential construction sector. Structural tailwinds, such as an aging housing stock, the growing trend of aging-in-place among older home owners, and record-high housing wealth, will continue to grow remodeling’s market share further.