EPA, Corps Extend Coordination Memo Addressing WOTUS
The Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) have issued a nine-month extension for their coordination memoranda on “waters of the United States” (WOTUS) for the 2023 Conforming Rule and the pre-2015 regulatory regime. The memo — which was set to expire today — establishes a process by which the Corps and EPA will coordinate on Clean Water Act jurisdictional matters to ensure accurate and consistent implementation of the regimes where each regulatory regime is operative. All jurisdictional determinations (JDs) impacting wetlands and isolated features are being coordinated by the Corps and EPA.
As part of this process, the agencies have drafted a number of field memoranda to address key issues in implementing the conforming WOTUS rule and expect to continue issuing additional field memoranda as needed throughout the nine-month extension in lieu of formal guidance. The agencies are expected to release four memos providing insight to field staff on how to interpret “continuous surface connection” soon.
Currently, the agencies have issued three field memos directing field staff on how to interpret key issues where the 2023 Conforming Rule is enforced. The agencies have issued an additional three field memos on how to interpret these similar issues where the pre-2015 regulatory regime is enforced.
EPA staff emphasized at a recent roundtable that the field memos implementing the WOTUS definition are applicable where the different rules are in effect. More than half the states in the U.S. adhere to the pre-2015 regulatory regime versus the 23 states that have implemented the final Conforming Rule that went into effect Sept. 8, 2023.
Builders should be aware of what these memos say because Corps field staff will use them when their project is similar to the one addressed in the memo. NAHB is working on an analysis of existing memoranda and will continue to keep members up to date through the WOTUS Resources page on nahb.org.
Latest from NAHBNow
Jul 17, 2026
Keep Workers Safe from Wildfire Smoke on JobsitesWith wildfires raging across Ontario, Canada and smoke impacting huge areas of the Northeast and upper Midwest in the U.S., it is important to know the effects wildfire smoke can have across the country, even if you are not in an area that is at risk for wildfires.
Jul 17, 2026
Multifamily Gains Lift Overall Starts Despite Single-Family DeclineOverall housing starts increased 19% in June to a seasonally adjusted annual rate of 1.43 million units, according to a report from the U.S. Department of Housing and Urban Development and the U.S. Census Bureau.
Latest Economic News
Jul 17, 2026
Multifamily Gains Lift Overall Starts Despite Single-Family DeclineStrong multifamily growth pushed overall housing starts higher in June, while single-family production remained sluggish as elevated mortgage rates, rising construction costs and persistent labor shortages continued to weigh on the market.
Jul 16, 2026
Builder Sentiment Stays Weak as Affordability Concerns PersistEconomic uncertainty and persistent affordability challenges driven by rising material prices, high land costs, and elevated mortgage rates continue to weigh on builder sentiment.
Jul 15, 2026
Building Material Prices Continue to Rise Despite Energy Price DeclinesResidential building material prices, excluding energy, rose 0.5% in June and were up 4.6% from a year ago. Lower energy prices were apparent in June, as energy input prices fell 10.3% over the month. Meanwhile, prices for services rose 5.2% over the year, and were up 1.0% from the previous month.