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

Awards
Sep 21, 2026
2027 NAHB Awards Deadline Extended

Interested applicants for NAHB’s prestigious award programs now have additional time to submit top projects and individuals for consideration.

Membership | Committees and Councils
Sep 18, 2026
NAHB Members: Apply Now for 2027 Committees and Council Boards

Members interested in serving the housing industry are encouraged to apply to one of NAHB’s committees or council board of trustees for the 2027 leadership year.

View all

Latest Economic News

Economics
Sep 17, 2026
Single-Family Starts Rebound but Market Challenges Persist

Single-family housing starts rebounded in August, but production remains down 4.7% year to date as builders contend with rising construction costs, lot and labor shortages, and economic uncertainty.

Economics
Sep 16, 2026
With Inflation Uptick, Fed Hikes and Signals More to Come

The Federal Reserve raised the federal funds rate by 25 basis points at the conclusion of its September policy meeting, bringing the target range to 3.75% to 4%.

Economics
Sep 16, 2026
Builder Sentiment Falls on Higher Interest Rates and Costs

Higher mortgage rates, worsening labor shortages and rising material costs are weighing on builder sentiment.