2027 IBS Registration Open
 
Register by Sept. 30 to lock in the best deals: Register now
 

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

Workforce Development
Sep 02, 2026
Florida HBA Opens New 43,000-Square-Foot Workforce Education Center

The Northeast Florida Builders Association debuted its new 43,000-square-foot Workforce Education Center and headquarters with a ribbon-cutting ceremony on Aug. 13.

Advocacy
Sep 02, 2026
New York Housing Leader Warns Congress Gas Bans Undermine Affordability

Michael Fazio, executive director of the New York State Builders Association, told Congress today that energy mandates are driving up construction costs and deepening the housing affordability crisis.

View all

Latest Economic News

Economics
Sep 02, 2026
House Price Appreciation by State and Metro Area in the Second Quarter of 2026

U.S. house prices continued to rise in the second quarter of 2026, with most states and metropolitan areas recording annual gains. Elevated borrowing costs and affordability constraints remained important headwinds, while limited housing supply continued to support prices in many markets, particularly across parts of the Midwest and Northeast.

Economics
Sep 01, 2026
Number of Open Construction Sector Positions Rising

The number of open positions in the construction sector increased in July per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The current level of open jobs is down from three years ago due to declines in construction activity, particularly in housing.

Economics
Sep 01, 2026
HBGI Q2 2026: Single-Family Construction Contracts Broadly While Multifamily Expands

Home building trends diverged across geographies in the second quarter of 2026. According to the Home Building Geography Index (HBGI), single-family construction declined in nearly all geographic categories, although the contraction eased in most markets from the first quarter.