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

Codes and Standards
Aug 27, 2026
2027 Building Codes Finalized: Big Changes Ahead for Off-Site Construction and Flood Resistance

The International Code Council recently released the final results of the Public Comment Hearings and Online Governmental Consensus Vote. This marks the final stage of the 2024-2026 code development cycle leading to the 2027 International Building Code (IBC), International Residential Code (IRC) and the other 2027 I-Codes.

IBS
Aug 26, 2026
3 Ways to Maximize Your 2027 IBS Registration

Registration for the 2027 International Builders’ Show (IBS), taking place Feb. 2-4 in Las Vegas, opens Sept. 1. Make the most of your IBS experience by adding education courses, special events and more when you register.

View all

Latest Economic News

Economics
Aug 26, 2026
PCE Inflation Remains Sticky

The latest report shows the Federal Reserve’s preferred inflation gauge remains sticky in July, complicating the Fed’s path to its long-term 2% target. Meanwhile, consumer spending remains resilient but is showing signs of slowing, with real consumer spending unchanged in July. Households are pulling back on spending amid persistent inflation.

Economics
Aug 26, 2026
Multifamily Missing Middle Falls Back

Multifamily missing middle construction declined during the second quarter of 2026.

Economics
Aug 25, 2026
Economic Uncertainty, Affordability Challenges Weigh on New Home Sales

Elevated borrowing costs, rising inflation and broad economic uncertainty continue to curb buyer demand and hold back new home sales.