Army Corps Official Signals Next Steps in WOTUS Rulemaking
This blog post has been updated.
During a June 22 congressional hearing on the U.S. Army Corps of Engineers (Corps) FY 2024 budget request, it was revealed that the U.S. Environmental Protection Agency (EPA) and Corps would use an administrative rulemaking process called “direct final rule” to expedite a new "waters of the U.S." (WOTUS) rule following the Supreme Court’s Sackett ruling.
Testifying before the congressional panel, Michael Connor, Assistant Secretary U.S. Army Civil Works, revealed the Corps and EPA plan to issue a new regulatory definition of WOTUS under the Clean Water Act (CWA) that will become effective soon after issuance, provided the agencies do not receive adverse comment. If the agencies receive adverse public comments, then they would proceed with the traditional public notice-and-comment rulemaking process for the revised WOTUS regulatory definition.
While Connor did not specify the contents of this direct final WOTUS rule, it was understood that EPA and the Corps would issue a regulatory definition of WOTUS that the agencies believe is consistent with the Sackett ruling.
Furthermore, as stated by Connor, the Corps has stopped processing requests for approved jurisdictional determinations (AJDs) and CWA 404 permits based on an approved jurisdictional determination. Notably, under the approach announced yesterday, neither the Corps nor EPA would issue any interim regulatory guidance directing the Corps districts to resume processing approved AJDs or issuing new CWA 404 permits until this rulemaking process is completed.
The Corp and EPA are developing a rule to amend the final revised definition of WOTUS and intend to issue a final rule by Sept. 1, 2023.
View NAHB’s WOTUS webpage where additional information will be posted on the timing and content of this upcoming rulemaking.
Latest from NAHBNow
Jul 10, 2025
NAHB Presents Oral Arguments Challenging HUD’s 2021 IECC MandateOn July 9, the Federal District Court for the Eastern District of Texas heard oral arguments in NAHB’s challenge to the government’s final determination requiring that homes built under certain housing programs comply with the 2021 International Energy Conservation Code (IECC) and 2019 ASHRAE-90.1.
Jul 10, 2025
Remodeling Market Sentiment Dips in Second QuarterNAHB released its NAHB/Westlake Royal Remodeling Market Index (RMI) for the second quarter, posting a reading of 59, down four points compared to the previous quarter. While the reading of 59 is still in positive territory, this is only the second time the RMI has dipped below 60 since the survey was revised in the first quarter of 2020.
Latest Economic News
Jul 09, 2025
Mortgage Applications Picked Up in June as Rates EasedMortgage application activity picked up in June, supported by a slight decline in interest rates. The Mortgage Bankers Association’s (MBA) Market Composite Index, which tracks mortgage application volume, rose 5.4% from May on a seasonally adjusted basis. Compared to June 2024, total applications were up 21.1%.
Jul 09, 2025
Who’s Still Working from Home in 2025? A Look at America’s Telework TrendsRemote work may no longer dominate the U.S. labor force as it did during the height of the pandemic in 2020, but it still represents a substantial share of employment today.
Jul 08, 2025
Top Ten Builder Share Rises Again in 2024The top ten builders captured a record 44.7% of all new U.S. single-family home closings in 2024, up 2.4 percentage points from 2023 (42.3%).