Navigable Waters Protection Rule a Win for Housing Affordability, Regulatory Certainty

Environment
Published

Testifying on behalf of NAHB before the Senate Environment and Public Works Committee, Douglas Davis, a green builder from St. Augustine, Fla., said that the recently enacted federal regulation, the Navigable Waters Protection Rule (NWPR), will boost housing affordability by providing straightforward regulatory requirements. The NWPR more clearly defines "waters of the United States" (WOTUS) and therefore makes Clean Water Act compliance easier for any business trying to comply.

“By excluding most man-made ditches and isolated ponds on private property from federal jurisdiction, the Navigable Waters Protection Rule corrects the vast overreach of prior rules, restores common sense to the regulatory process, reduces project costs and safeguards America’s water resources,” said Davis.

According to Davis, under earlier versions of the WOTUS definition, builders and developers were ill-equipped to understand whether their projects required federal Clean Water Act permits.

“The most frustrating aspect of the Obama-era Clean Water Act permitting regulations is the fact that those requirements were uncertain and constantly changing,” said Davis. “One of our projects was delayed for 10 years as we sought to obtain the necessary Section 404 permit. Even with the best environmental planning and making every effort to comply, we often were forced to give up and walk away.”

One of the biggest misconceptions surrounding the NWPR is that waters that no longer fall under federal jurisdiction will go unprotected. This is untrue. State and local governments not only have the authority to regulate waters but also play an important role in protecting waters because they have a better understanding of the landscape and the needs of their community.

“The greatest difference between federal permitting and state permitting is that we have generally found state agencies to operate under reasonable deadlines and with a greater degree of accountability,” said Davis.

NAHB research shows that nearly 25% of the cost of a single-family home stems from federal, state and local regulations and that the cost is even higher for multifamily development. Housing will be unable to help lead the economic recovery unless the Trump administration and Congress repeal onerous regulations and promote sensible replacements.

“The NWPR is a perfect example of the regulatory actions we need to get our economy moving again,” said Davis. “NAHB commends the Trump Administration for rolling back the 2015 Obama rule and putting forward a replacement that respects congressional intent, follows Supreme Court precedent, provides clarity and predictability to the permitting process, and protects our aquatic environment.”

More information about the NWPR can be found on nahb.org.

Subscribe to NAHBNow

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

Log in to subscribe

Latest from NAHBNow

Awards

Jun 17, 2026

Industry Legends Honored With National Housing Center Awards

Several industry leaders were recently honored for their contributions to the housing industry during the National Housing Center Awards Ceremony on June 13 in Washington, D.C. The ceremony recognized the 2026 inductees to the National Housing Hall of Fame and the recipients of the Exemplary Service to Home Building Award.

Jun 16, 2026

NAHB Statement on Agreement to Move Major Housing Legislation

Bill Owens, chairman of the National Association of Home Builders and a home builder and remodeler from Worthington, Ohio, issued the following statement on the 21st Century ROAD to Housing Act.

View all

Latest Economic News

Economics

Jun 16, 2026

Housing Starts Weaken in May as Multifamily Construction Slows

Housing starts fell sharply in May, driven by a steep drop in multifamily construction. Meanwhile, single-family buildings also slipped amid high interest rates, rising construction costs and ongoing labor shortages.

Economics

Jun 15, 2026

Builder Sentiment Remains Weak Amid Affordability Concerns

Builder sentiment remains subdued as rising material costs, elevated mortgage rates and ongoing affordability challenges continue to strain the housing market.

Economics

Jun 12, 2026

Single-Family Permits Continue to Decline Through April as Multifamily Activity Strengthens

Through April 2026, residential construction activity remained uneven across housing sectors. Single-family permitting continued to soften compared with a year ago, reflecting persistent affordability challenges and elevated borrowing costs, while multifamily permitting posted solid gains supported by stronger activity in several regions.