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

Sustainability and Green Building | Multifamily

Jul 30, 2026

New Certification Makes NGBS Compliance Easier for Multifamily Projects

A new compliance option in the 2025 National Green Building Standard® (NGBS) is designed to make it even easier to showcase how high-performance features have been incorporated into certain multifamily projects.

Economics

Jul 29, 2026

Fed Holds Rates as Inflation and Energy Costs Cloud Outlook

The Federal Reserve opted to keep its key interest rate unchanged on Wednesday, while signaling that additional rate increases remain possible if inflation does not continue to ease.

View all

Latest Economic News

Economics

Jul 30, 2026

PCE Inflation Eased in June

After reaching a three-year high last month, the Federal Reserve’s preferred inflation gauge eased in June following declines in energy prices amid a temporary truce with Iran. This marked the first monthly decline in six years.

Economics

Jul 30, 2026

Top Ten Builder Share Across Largest Housing Markets

An earlier post described how the top ten builders in the country accounted for 43.6% of new single-family closings in 2025. BUILDER magazine has now released additional data on the top ten builders within each of the 50 largest new home markets in the U.S., ranked by single-family permits.

Economics

Jul 29, 2026

Amid Supply-Side Inflation Pressures, The Fed Holds

The Federal Reserve held the federal funds rate at a target range of 3.5% to 3.75% at the conclusion of its July policy meeting. There were three dissenting votes on the Federal Open Market Committee (FOMC), all of which supported raising the federal funds rate by 25 basis points.