NAHB Supports Proposed WOTUS Rule, Seeks Key Clarifications
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.
Latest from NAHBNow
Jul 01, 2026
National Log Homes Open House Month Celebrates 15 Years of Log Home HeritageThis July marks the 15th annual National Log Homes Open House Month. Log homes – known for their rustic charm – have a lot to offer. Here are five benefits of log homes.
Jul 01, 2026
Working Families Tax Cuts: More Money in Members’ PocketsJuly 4 marks the one-year anniversary of the Working Families Tax Cuts, also known as the One Big Beautiful Bill Act — a landmark NAHB-supported law that permanently extended the 2017 tax cuts and delivered major tax relief for working families and small businesses.
Latest Economic News
Jun 30, 2026
Consumer Confidence Inched Up in JuneConsumer confidence inched up in June due to improved views of business conditions and recent declines in oil prices easing inflation fears.
Jun 30, 2026
Construction Job Openings IncreaseThe number of open positions in the construction sector increased in May, per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The current level of open jobs is down measurably from three years ago due to declines in construction activity, particularly in housing.
Jun 26, 2026
Property Tax Revenue Leads State and Local Tax Growth in Q1 2026Property tax revenue collected by state and local governments was higher in the first quarter of 2026 according to the Census Bureau’s quarterly summary of state and local tax revenue.