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
Apr 27, 2026
Housing’s ‘Silver Tsunami’ Is Coming, But It Won’t Hit Every MarketThe so-called “silver tsunami” describes the wave of millions of homes expected to hit the market as older Americans increasingly decide to sell their properties. However, industry experts are noting that this “tsunami” isn’t landing where it’s needed most.
Apr 24, 2026
Blueprint to 100: Industry Pulse Check Launches May 1Blueprint to 100 is NAHB's initiative to build an association that better meets industry needs as we approach the 100th anniversary of our founding. The Industry Pulse Check — launching Friday, May 1 — is our first step in this initiative to gain the insights we need to build an association that meets your needs.
Latest Economic News
Apr 23, 2026
The Silver Tsunami Isn’t Landing Where It’s Needed MostThe “silver tsunami” refers to the wave of housing inventory expected as older homeowners downsize or transition out of their homes. According to the latest American Community Survey, there are an estimated 61.2 million people in the U.S. aged 65 years or older, representing about 18% of the population.
Apr 22, 2026
State-Level Employment Situation: February 2026February’s labor market data point to a notable pullback in employment, with job losses concentrated across a majority of states and only modest gains elsewhere. While January showed solid momentum, February’s decline reflects emerging softness in hiring conditions, alongside uneven performance across the country.
Apr 21, 2026
Population Growth and Housing Supply Dynamics at the County Level in 2025U.S. population growth slowed notably in the latest Vintage 2025 population estimates from the U.S. Census Bureau, with the nation expanding by just 0.5% in 2025, roughly half the pace of the prior year. The deceleration was primarily driven by a sharp decline in net international migration (NIM), which dropped from 2.7 million to 1.3 million, while natural change remained relatively stable.