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
Membership | Economics
Sep 11, 2026
Median Revenue Flat for NAHB Builder Members in 2025
According to the most recent NAHB member census, nearly two-fifths (38%) of NAHB Builder members earned between $1 million and $5 million in total revenue in 2025.
Education | Education at IBS
Sep 10, 2026
13 IBS Education Presentation Replays Now Available
To help industry professionals stay ahead of residential construction trends and bring actionable ideas to their businesses, NAHB is offering members exclusive access to the most valuable IBS Education sessions from the 2026 show.
Latest Economic News
Economics
Sep 10, 2026
Energy Prices Rise Again in August
Residential building material prices, excluding energy, rose 0.2% in August and were up 5.1% from a year ago. Energy prices rose sharply in August, as prices for energy inputs to residential construction rose 6.6% over the month.
Economics
Sep 09, 2026
Mortgage Applications Decline for Sixth Straight Month in August
Mortgage application activity continued to decline in August as elevated US treasury yields pushed mortgage rates higher. The Mortgage Bankers Association’s (MBA) Market Composite Index, a measure of total mortgage application volume, declined 3.2% month-over-month in August on a seasonally adjusted basis, marking the sixth consecutive monthly decline.
Economics
Sep 09, 2026
Who Are NAHB’s Builder Members?
The National Association of Home Builders (NAHB) conducts an annual census to better understand the composition and characteristics of its members. In 2025, 35% of NAHB’s membership was comprised of builder members—single-family and multifamily builders, residential and commercial remodelers, commercial builders, land developers, and manufacturers of modular/panelized/log homes.