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 27, 2026
Precision Planning Keeps The New American Home 2027 on TrackAs construction quickly progresses on the 2027 exhibit home of the International Builders' Show, the project is strategically navigating one of its most demanding phases: the rough-in.
Jul 24, 2026
Podcast: Exploring Next Steps on the ROAD to HousingOn the latest episode of NAHB’s podcast, Housing Developments, CEO Jim Tobin and COO Paul Lopez discuss what’s next following the enactment of the 21st Century ROAD to Housing Act, how state and local HBAs are tackling key issues in their areas, and the latest economic data.
Latest Economic News
Jul 27, 2026
Share of Apartments Built in Buildings with 50+ Units Moves Higher in 2025Following the highest number of multifamily completions in nearly 40 years in 2024, completions declined in 2025 to 484,000, according to NAHB analysis of the Census Bureau’s Survey of Construction. For the ninth consecutive year, a majority of new multifamily units were in buildings with 50 or more units (labeled as high-density buildings) at 57%, the highest share since 2021.
Jul 24, 2026
New Home Sales Edge Higher as Affordability Challenges PersistAffordability challenges continued to weigh on the new-home market in June, as elevated mortgage rates, rising inflation and broader economic uncertainty kept many prospective buyers on the sidelines.
Jul 23, 2026
Acquisitions Increasing Among Home BuildersAt the start of 2026, most home builders predicted that high mortgage rates and hesitancy among buyers would be their toughest challenges this year. They weren’t wrong: the 30-year mortgage rate averaged 6.49% in June and housing demand has weakened, as reflected by flat mortgage applications in the first half of the year.