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 | Student Chapters

Mar 02, 2026

NAHB Student Competition Success Shows Residential Construction Future is Bright

For two days at the International Builders' Show, aspiring land developers, designers and project managers from NAHB Student Chapters across the country presented thorough building proposals and fielded tough questions from an audience of construction company executives.

Material Costs

Feb 27, 2026

Senate Bill Would Exclude Building Materials from Tariffs

NAHB worked with Sens. Jacky Rosen (D-Nev.) and Chris Coons (D-Del.) to introduce legislation that would address the housing affordability crisis by creating an exemption process for building materials from tariffs.

View all

Latest Economic News

Economics

Feb 27, 2026

Gains for Student Housing Construction in the Last Quarter of 2025

Private fixed investment for student dormitories was up 1.5% in the last quarter of 2025, reaching a seasonally adjusted annual rate (SAAR) of $3.9 billion. This gain followed three consecutive quarterly declines before rebounding in the final two quarters of the year.

Economics

Feb 27, 2026

Price Growth for Building Materials Slows to Start the Year

Residential building material prices rose at a slower rate in January, according to the latest Producer Price Index release from the Bureau of Labor Statistics. This was the first decline in the rate of price growth since April of last year. Metal products continue to experience price increases, while specific wood products are showing declines in prices.

Economics

Feb 26, 2026

Home Improvement Loan Applications Moderate as Borrower Profile Gradually Ages

Home improvement activity has remained elevated in the post-pandemic period, but both the volume of loan applications and the age profile of borrowers have shifted in notable ways. Data from the Home Mortgage Disclosure Act (HMDA), analyzed by NAHB, show that total home improvement loan applications have eased from their recent post-pandemic peak, and the distribution of borrowers across age groups has gradually tilted older.