A Step Forward for Proposed WOTUS Rule
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.
Latest from NAHBNow
Feb 10, 2026
Planning for IBS? Schedule a Stop at NAHB HQNAHB HQ has something for everyone. All registrants can participate in enrichment sessions, learn about NAHB membership, and network with attendees. NAHB members will have exclusive member-only areas with giveaways, snacks, charging areas, and more.
Feb 09, 2026
House Passes NAHB-Supported Major Housing PackageThe House this evening approved the Housing for the 21st Century Act, a major bipartisan housing package that takes much-needed steps toward addressing our nation’s critical lack of housing.
Latest Economic News
Feb 10, 2026
Credit Card Balances Rise in Q4 2025Overall consumer credit continued to expand in the fourth quarter of 2025, with growth in both nonrevolving and revolving credit. Nonrevolving credit, primarily student and auto loans, accounts for 74% of total outstanding consumer credit, while revolving credit, largely credit card balances, makes up the remaining 26%.
Feb 10, 2026
Weaker Demand, Unchanged Lending Conditions for Residential Mortgages in Fourth QuarterLending standards for most types of residential mortgages were essentially unchanged but overall demand was weaker in the fourth quarter of 2025, according to the recent release of the Senior Loan Officer Opinion Survey (SLOOS).
Feb 09, 2026
Lower Rates Lift Mortgage Activity at Start of the YearMortgage application activity rose sharply in January, driven primarily by a surge in refinancing activity as mortgage rates declined to a new low. The Mortgage Bankers Association’s (MBA) Market Composite Index, a measure of total mortgage application volume, increased 12.9% from December on a seasonally adjusted basis and was 61.3% higher than a year earlier.