Comment Letters Needed on New WOTUS Definition

Filed in Codes and Standards, Environment by on March 28, 2019 1 Comment

streamThe Trump administration’s proposed new definition for “water of the United States” will resolve years of uncertainty over where federal jurisdiction begins and ends, representing an important victory for NAHB members.

NAHB is urging members and HBAs to voice support for the proposed definition by submitting a comment letter to the EPA and the Army Corps of Engineers by April 15. NAHB has created a letter template that can be edited and customized on behalf of home builders or HBAs.

NAHB also will be providing comments on the proposed rule.

The revised rule would address many of the serious concerns that NAHB had over the Obama-era regulation that went so far as to regulate man-made ditches and isolated ponds on private property. The proposal would exclude from federal regulation short-lived ponds, streams and tributaries that only flow in response to a rain event. It also would exclude wetlands that are not directly connected to federally-regulated bodies of water.

This new rule will help landowners to determine whether a project on their property will require a federal permit or not. This revised rule will protect our nation’s waterways and save home builders and other industries that rely on a predictable permitting process time and money.

Comment letters must be submitted online by April 15.

Please note that items highlighted in yellow must be edited before your letter is submitted.

More information about the proposed rule can be found at If you have any questions, please contact NAHB environmental policy analysts Michael Mittelholzer at 800-368-5242 x8662 or Evan Branosky at x8662.



Comments (1)

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  1. David R Turner says:

    Drainage ditches for storm water should not be considered wetlands on property that is trying to be developed. These are areas that are usually are dry should be able to improved with the development and included in the development design.

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