2027 IBS Registration Open
 
Register by Sept. 30 to lock in the best deals: Register now
 

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

Safety
Sep 03, 2026
Jobsite Safety is Falling Behind at Smaller Home Builders, But Can Improve

According to a new academic study, small residential construction firms account for a disproportionate number of annual construction fatalities, but opportunities exist to improve jobsite safety through more deliberate communication and safety buffers.

Legal
Sep 02, 2026
HUD Clarifies Filing Deadline for Fair Housing Design and Construction Claims

The Department of Housing and Urban Development has issued new guidance clarifying that Fair Housing Act (FHA) design and construction accessibility violations are discrete acts, not continuing violations. HUD now considers these claims to arise during the design and construction process and end when construction is complete.

View all

Latest Economic News

Economics
Sep 02, 2026
House Price Appreciation by State and Metro Area in the Second Quarter of 2026

U.S. house prices continued to rise in the second quarter of 2026, with most states and metropolitan areas recording annual gains. Elevated borrowing costs and affordability constraints remained important headwinds, while limited housing supply continued to support prices in many markets, particularly across parts of the Midwest and Northeast.

Economics
Sep 01, 2026
Number of Open Construction Sector Positions Rising

The number of open positions in the construction sector increased in July per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The current level of open jobs is down from three years ago due to declines in construction activity, particularly in housing.

Economics
Sep 01, 2026
HBGI Q2 2026: Single-Family Construction Contracts Broadly While Multifamily Expands

Home building trends diverged across geographies in the second quarter of 2026. According to the Home Building Geography Index (HBGI), single-family construction declined in nearly all geographic categories, although the contraction eased in most markets from the first quarter.