EPA, Corps Extend Coordination Memo Addressing WOTUS

Environmental Issues
Published

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.

Subscribe to NAHBNow

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

Log in to subscribe

Latest from NAHBNow

Legal

Mar 06, 2026

NAHB Commends Court Ruling Vacating HUD 2021 IECC Mandate

NAHB Chairman Bill Owens issued the following statement after the Eastern District Court of Texas issued its decision in a lawsuit brought by NAHB and 15 states challenging the legality of the HUD and USDA rule imposing the 2021 International Energy Conservation Code and the 2019 ASHRAE 90.1 standard on certain housing programs.

Membership

Mar 06, 2026

Bill Truex Seeks Certification as a Candidate for 2028 NAHB Third Vice Chairman

The NAHB Nominations Committee announces that Bill Truex, president, Truex Preferred Construction in Englewood, FL, has submitted his Letter of Intent to seek certification as a candidate for NAHB 2028 Third Vice Chairman.

View all

Latest Economic News

Economics

Mar 06, 2026

U.S. Economy Loses 92,000 Jobs in February

The U.S. labor market weakened in February, as payroll employment declined and the unemployment rate rose to 4.4%. The cooling labor market could place the Federal Reserve in a challenging position as policymakers weigh slower job growth against inflation pressures from rising oil prices.

Economics

Mar 05, 2026

Builders Identify Key Long-Term Forces Shaping Housing Demand and Industry Health

Home builders are keenly aware of the complex long-term outlook ahead for the home building industry. A recent NAHB/Wells Fargo HMI survey asked builders to assess the impact of 14 major trends and forces on the health of the industry and housing demand over the next 10 years.

Economics

Mar 05, 2026

Affordability Posts Mild Gains in Second Half of 2025 but Crisis Continues

Though new and existing homes remain largely unaffordable, the needle moved slightly in the right direction in the second half of 2025, according to the latest data from the National Association of Home Builders (NAHB)/Wells Fargo Cost of Housing Index (CHI).