EPA, Corps Extend Coordination Memo Addressing WOTUS
The Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) have issued a nine-month extension for their coordination memoranda on “waters of the United States” (WOTUS) for the 2023 Conforming Rule and the pre-2015 regulatory regime. The memo — which was set to expire today — establishes a process by which the Corps and EPA will coordinate on Clean Water Act jurisdictional matters to ensure accurate and consistent implementation of the regimes where each regulatory regime is operative. All jurisdictional determinations (JDs) impacting wetlands and isolated features are being coordinated by the Corps and EPA.
As part of this process, the agencies have drafted a number of field memoranda to address key issues in implementing the conforming WOTUS rule and expect to continue issuing additional field memoranda as needed throughout the nine-month extension in lieu of formal guidance. The agencies are expected to release four memos providing insight to field staff on how to interpret “continuous surface connection” soon.
Currently, the agencies have issued three field memos directing field staff on how to interpret key issues where the 2023 Conforming Rule is enforced. The agencies have issued an additional three field memos on how to interpret these similar issues where the pre-2015 regulatory regime is enforced.
EPA staff emphasized at a recent roundtable that the field memos implementing the WOTUS definition are applicable where the different rules are in effect. More than half the states in the U.S. adhere to the pre-2015 regulatory regime versus the 23 states that have implemented the final Conforming Rule that went into effect Sept. 8, 2023.
Builders should be aware of what these memos say because Corps field staff will use them when their project is similar to the one addressed in the memo. NAHB is working on an analysis of existing memoranda and will continue to keep members up to date through the WOTUS Resources page on nahb.org.
Latest from NAHBNow
Feb 27, 2026
Labor Department Proposes New FLSA Independent Contractor RuleThe U.S. Department of Labor (DOL) today published notice of its intent to revise its regulations that distinguish covered employees from exempt independent contractors for enforcement purposes under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA) and other laws.
Feb 27, 2026
NAHB Invests $190,000 to Advance Local Pro-Housing PoliciesNAHB's State and Local Government Affairs Committee recently approved $190,000 through the State and Local Issues Fund (SLIF) to help HBAs overcome barriers to housing affordability.
Latest Economic News
Feb 27, 2026
Price Growth for Building Materials Slows to Start the YearResidential building material prices rose at a slower rate in January, according to the latest Producer Price Index release from the Bureau of Labor Statistics. This was the first decline in the rate of price growth since April of last year. Metal products continue to experience price increases, while specific wood products are showing declines in prices.
Feb 26, 2026
Home Improvement Loan Applications Moderate as Borrower Profile Gradually AgesHome improvement activity has remained elevated in the post-pandemic period, but both the volume of loan applications and the age profile of borrowers have shifted in notable ways. Data from the Home Mortgage Disclosure Act (HMDA), analyzed by NAHB, show that total home improvement loan applications have eased from their recent post-pandemic peak, and the distribution of borrowers across age groups has gradually tilted older.
Feb 26, 2026
Affordability Pyramid Shows Over Half of U.S. Households Cannot Buy a $300,000 HomeNAHB recently released its 2026 Priced-Out Analysis, highlighting the housing affordability challenge. While previous posts discussed the impacts of rising home prices and interest rates on affordability, this post focuses on the related U.S. housing affordability pyramid.