NAHB Supports Proposed WOTUS Rule, Seeks Key Clarifications

Environment
Published

NAHB submitted comments yesterday to the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) in response to the Trump administration's proposed definition of "waters of the United States" (WOTUS).

2019 NAHB Chairman Greg Ugalde summarized the views of NAHB, developers and builders by saying NAHB "largely supports the proposal and appreciates the efforts of the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to further refine the limits of federal authority and ensure the rule is clear, understandable and workable."

The proposed rule would clarify the extent of federal oversight and correct the vast overreach of prior rules. Once finalized, builders and developers will be better able to determine for themselves whether they will need federal permits for construction activities. And, because the rule narrows the extent of federal jurisdiction by excluding isolated water bodies, "ephemeral" waters that only form in response to rain, and most ditches, builders should require fewer Clean Water Act permits for isolated or temporary wetlands or water bodies.

NAHB's comments included many suggestions on how to clarify the proposed rule and thereby help developers, builders and other landowners to implement the proposed rule’s requirements in the field. For example, NAHB asked the agencies to clarify how landowners should identify excluded ephemeral waters, calculate the amount of rainfall necessary to render a water body jurisdictional, and limit the period of time allowed to determine whether a ditch is man-made or natural. Many state and local associations and NAHB members also provided their own comments on the proposed rule.

In addition, NAHB members provided testimony during several field hearings on the proposal including Feb. 27-28 in Kansas City, and small business roundtable hearings by the U.S. Small Business Administration in Denver on March 27 and Tampa on April 4. Though the proposal marks a milestone in the effort to better define WOTUS, NAHB also asked the agencies to act quickly to rescind the problematic prior 2015 rule.

EPA and the Corps will now review all comments submitted during the comment period, and revise the proposed rule before issuing a final rule.

NAHB will continue to provide input to the agencies during that process and keep members informed of any developments.

Subscribe to NAHBNow

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

Log in to subscribe

Latest from NAHBNow

Advocacy | Codes and Standards

Feb 25, 2026

House Approves NAHB-Supported Energy Codes Bill

The House today approved the Homeowner Energy Freedom Act, NAHB-supported legislation that would repeal burdensome provisions from the Inflation Reduction Act, including a provision that provides states $1 billion to incentivize the adoption of the 2021 International Energy Conservation Code (IECC).

Trends

Feb 25, 2026

Is the Decline in Young Adult-Led Households a Cyclical Slip or the New Normal?

The headship rates among young adults — the share of adults ages 25-34 heading their own households — declined in 2024 to 43.7% after a post-pandemic jump. Are cyclical factors causing household rates to fluctuate, or is the data pointing to a new long-term trend?

View all

Latest Economic News

Economics

Feb 25, 2026

Housing’s Share of GDP Declined Further at the End of 2025

Housing’s share of the economy was 16.0% in the fourth quarter of 2025, according to the latest estimates of GDP produced by the Bureau of Economic Analysis. This share is down from 16.1% in the third quarter and is also lower than 16.3% as registered just one year ago.

Economics

Feb 24, 2026

Young Adult Headship Rates in 2024: Cyclical Slip or New Equilibrium?

Reversing the post-pandemic rebound, the headship rates among young adults (the share of the population heading their own households) declined in 2024, according to NAHB’s analysis of the American Community Survey (ACS) data.

Economics

Feb 23, 2026

A 25-Basis-Point Decline in the Mortgage Rate Prices-In 1.42 Million Households

Housing affordability remains a critical challenge nationwide, and mortgage rates continue to play a central role in shaping homebuying power. Although rates have declined from the recent peak of about 7.6% in 2023 to around 6.01% as of February 19,2026, they remain elevated relative to typical levels in the 2010s.