Rep. Fleischmann Airs NAHB WOTUS Concerns at Hill Hearing

Regulations
Published

In a sign of NAHB’s clout on Capitol Hill, during a congressional hearing yesterday on the use of science in regulatory decision making, Rep. Chuck Fleischmann (R-Tenn.) specifically cited a question put forth by the association on how to implement the new waters of the United States (WOTUS) rule recently released by the Biden administration in an exchange with Environmental Protection Agency Administrator Michael Regan.

Since the EPA and U.S. Army Corps of Engineers released their amended 2023 WOTUS rule, the public and Corps districts have struggled to receive guidance and clarity on what a  “relatively permanent” waterbody and “continuous surface connection” mean.

This confusion and uncertainty regarding what waters are subject to federal jurisdiction sets the stage for continued federal overreach, bureaucratic delays during the wetlands permitting process, and regulatory confusion for home builders and land developers.

NAHB has sent a letter to the EPA and U.S. Army Corps of Engineers calling on the agencies to provide additional guidance to its field staff and the general public on the new rule to ensure clarity and action.

We are calling on the agencies to expedite approvals for jurisdictional determinations and Clean Water Act 404 permits based on an approved jurisdictional determination.

NAHB will continue to meet with EPA and U.S. Army Corps of Engineer officials to find ways to expedite the federal permitting process, offer pragmatic changes that maintain environmental protection of our nation’s waterways, and restore common sense and predictability to the federal wetlands permitting process.

Rep. Fleischmann began his question to EPA Administrator Regan by saying, “I have a question from our friends, the home builders.” View his exchange with Administrator Regan.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Advocacy
Oct 23, 2026
Trump Issues Executive Order to Lower Housing Costs

President Trump on Oct. 22 signed an executive order to lower single-family and mortgage costs, and the Treasury Department released new institutional investor rules.

Advocacy
Oct 23, 2026
NAHB Commends President Trump’s Executive Order on Housing

NAHB Chairman Bill Owens issued the following statement today regarding President Trump’s housing executive order.

View all

Latest Economic News

Economics
Oct 22, 2026
Share of New Homes with Decks Inches Upward

The share of new homes with decks inched upward, from an all-time low of 17.4% in 2024 to 17.8% in 2025, according to NAHB tabulation of data from the HUD/Census Bureau Survey of Construction (SOC).

Economics
Oct 22, 2026
State-Level Employment Situation: September 2026

State-level employment data for September continued to show a mixed labor market, with job gains and losses split across the county. Although national nonfarm payroll employment increased modestly, year-over-year job growth varied considerably across states

Economics
Oct 21, 2026
Nearly One in Three Construction Workers are Hispanic

Diversifying the construction labor force remains a key priority amid persistent skilled labor shortages. According to NAHB analysis of the 2024 American Community Survey, non-Hispanic White workers account for the majority of the construction industry at 55.8%. Hispanic workers now represent nearly one-third of the labor force at 32.8%, followed by non-Hispanic Black workers at 5% and non-Hispanic Asian workers at 1.8 %.