Only Two Weeks Left
 
Take the Industry Pulse Check Today. 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

Workforce Development

Jun 03, 2026

Public and Private Partnerships Jumpstart Hawai’i Workforce Programs

Supported by government, community and private partners, the Building Industry Association of Hawai'i will soon lead its 10th workforce development training cohort to prepare individuals for careers in the local residential construction industry.

Business Management

Jun 02, 2026

How Builders Can Close the ‘Expectation Gap’ to Boost Referrals and Increase Sales

Across the home building and remodeling industry, a significant portion of referral business is lost — not because of poor construction quality, but because client expectations are not clearly established.

View all

Latest Economic News

Economics

Jun 03, 2026

House Price Appreciation by State and Metro Area in the First Quarter of 2026

U.S. house prices continued to rise in the first quarter of 2026, but appreciation slowed markedly from the rapid pace seen during the pandemic-era housing boom.

Economics

Jun 03, 2026

State-Level Employment Situation: April 2026

State labor market conditions remained generally positive in April, with most states recording employment gains despite signs of moderating national job growth.

Economics

Jun 02, 2026

Slight Increase for Construction Job Openings

The number of open positions in the construction sector edged higher in April, per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS).