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
Nov 14, 2025
Last Chance to Apply for 2026 Best of IBS AwardsExhibitors at the NAHB International Builders’ Show® (IBS) have an opportunity to spotlight their innovative new products each year through the Best of IBS Awards. Don't miss your chance - apply by Friday, Nov. 21.
Nov 14, 2025
Watch Livestreams of Key Fall Leadership MeetingsNAHB leadership, including committee and council members, will gather Nov. 17-19 for the 2025 Fall Leadership Meeting in Denver.
Latest Economic News
Nov 13, 2025
Unchanged Lending Conditions for Residential Mortgages in Third QuarterLending standards for most types of residential mortgages were essentially unchanged, according to the recent release of the Senior Loan Officer Opinion Survey (SLOOS). For commercial real estate (CRE) loans, lending standards for construction & development were modestly tighter, while multifamily was essentially unchanged. Demand for both CRE categories was essentially unchanged for the quarter.
Nov 12, 2025
Adjustable-Rate Mortgage Applications RiseAll types of mortgage activity rose on a year-over-year basis in October, supported by recent declines in interest rates. Notably, adjustable-rate mortgage (ARM) applications more than doubled from a year ago, and refinancing activity continued to strengthen.
Nov 12, 2025
Employment Loss and Post-COVID Recovery Across U.S. Metro AreasIn April 2020, total payroll employment in the United States fell by an unprecedented 20.5 million, following a loss of 1.4 million in March, as the COVID-19 pandemic brought the economy to a sudden halt. The unemployment rate surged by 10.4 percentage points to 14.8% in April. It was the highest rate effectively since the Great Depression.