With WOTUS Under Attack, NAHB Members Voice Support for 2020 Rule
The U.S. District Court for the District of Arizona on Monday issued a ruling on the Navigable Waters Protection Rule (NWPR), which defines the “waters of the U.S. (WOTUS).” The court remanded and vacated the rule, but the scope of the decision is not clear.
The U.S. Environmental Protection Agency (EPA) has yet to respond to the court’s ruling, and NAHB has requested EPA and the U.S. Army Corps of Engineers (Corps) provide guidance on what version of the federal definition of WOTUS applies in the interim.
Following the ruling, NAHB Chairman Chuck Fowke issued a statement:
“NAHB is disappointed by the recent ruling against the Navigable Waters Protection Rule (NWPR) in the U.S. District Court for the District of Arizona. The NWPR provides a clear definition of waters of the U.S. (WOTUS) and better enables stakeholders to discern which waters fall under federal jurisdiction. This ruling is contrary to prior federal court decisions and will lead to more confusion over what features are jurisdictional, resulting in longer delays and higher housing costs.”
The ruling comes after the Biden administration announced its intent to change the regulatory definition of WOTUS under the Clean Water Act (CWA) in June. In response, NAHB Senior Officers, members and HBA staff participated throughout August in a series of virtual listening sessions held by EPA and the Corps to hear stakeholder feedback on these changes.
During the virtual hearings, NAHB representatives from across the country highlighted how aspects of the current WOTUS regulatory definition provide far greater regulatory clarity regarding what features are subject to CWA jurisdiction and what isolated or ephemeral features can, if needed, be regulated by the states.
“The current WOTUS definition is easy to understand and clearly specifies what features are jurisdictional. This regulation protects the critical waters that are connected and/or adjacent to navigable waters, which is clearly the charge of the federal government,” testified NAHB Life Delegate Jim McCulley, owner of Watershed Eco, an environmental consulting firm in Middletown, Del., during the Aug. 25 hearing.
NAHB thanks the members who testified, including NAHB’s Senior Officers and members Drew Smith, Sarasota, Fla.; Jeff Thomas, Fort Wayne, Ind.; Rick Wajda, Indiana Builders Association; and Scott Peterson, Phoenix, Ariz.
In addition to these listening sessions, the agencies intend to host regional roundtables in the fall to gather additional input. We will share additional information about how members can participate in the roundtables when it becomes available.
Learn more on this issue at the WOTUS page on nahb.org.
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.