Just One More Week
 
Industry Pulse Check Closes June 15. Learn more
 

A Step Forward for Proposed WOTUS Rule

Environment
Published

The Federal Register today published a proposed new rule for "waters of the United States" (WOTUS) that will resolve years of uncertainty over where federal jurisdiction begins and ends. The Environmental Protection Agency and U.S. Army Corps of Engineers will take comments on the proposal for the next 60 days.

The proposed rule, which represents an important victory for our members, was released by the Trump administration on Dec. 11. As a result of the government shutdown that occurred 10 days later, the Federal Register delayed publication of the proposal until today. The revised rule would address many of the serious concerns that NAHB had over the Obama-era regulation that went so far as to regulate man-made ditches and isolated ponds on private property.

The proposal would exclude short-lived ponds, streams and tributaries that only flow in response to a rain event from federal regulation. It would also exclude wetlands that are not directly connected to federally-regulated bodies of water. This new rule will help landowners to determine whether a project on their property will require a federal permit or not, without spending tens of thousands of dollars on engineering and legal professionals.

This revised rule will protect our nation’s waterways and save home builders and other industries that rely on a predictable permitting process time and money. Meanwhile, EPA has announced it will hold a hearing on the proposed new WOTUS rule on Feb. 27 and 28 in Kansas City. The hearing was originally planned for Jan. 23 but was postponed due to the partial government shutdown.

NAHB will be providing comments on the proposed rule and home builder associations and individual members are encouraged to submit comments during the 60-day period that ends April 15. NAHB will be posting template comment letters for members to use at nahb.org/wotus.

The new rule is expected to be finalized and instituted in all 50 states before the end of 2019. In the meantime, because of multiple legal challenges, the Obama-era WOTUS rule remains in effect in 22 states and the District of Columbia, and the previous regulations issued in 1986 are in effect in the remaining 28 states.

Subscribe to NAHBNow

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

Log in to subscribe

Latest from NAHBNow

Legal

Jun 11, 2026

Supreme Court Sides Against DOE Appliance Overreach

On June 8, the U.S. Supreme Court struck down a D.C. Circuit Court ruling that would have allowed the Department of Energy (DOE) to effectively eliminate certain gas appliances from the market.

Resiliency | Environmental Issues | Disaster Response

Jun 10, 2026

NAHB Urges Long-Term NFIP Reauthorization, Warns Against Privatization

In a joint letter to Defense Secretary Pete Hegseth and Homeland Security Secretary Markwayne Mullin, NAHB and the National Association of Realtors urged the secretaries, as co-chairs of the FEMA Review Council, to act on four key items related to the National Flood Insurance Program (NFIP).

View all

Latest Economic News

Economics

Jun 11, 2026

Residential Building Material Prices Rise at Highest Rate In Over Three Years

Wholesale prices of goods used in residential construction rose in May as energy prices continued to climb.

Economics

Jun 10, 2026

Inflation Surpassed 4% in May

Inflation accelerated to a new three-year high in May, driven by continued increases in energy costs from the Iran war. Energy costs drove more than 60% of the monthly increase, with national gasoline prices jumping more than a dollar since the war began.

Economics

Jun 10, 2026

Home Building Regulatory Cost Burdens Increased 40% from 2021 to 2026

A new NAHB study shows that, on average, regulations imposed by government at all levels account for $131,734, or 26.4%, of the final price of a new single-family home built for sale. Of this amount, $46,795 is due to a higher price for the finished lot, attributable to regulations imposed during the lot’s development.