The National Association of Home Builders (NAHB) recently met with leadership from the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) to discuss regulatory priorities for wetlands and streams. NAHB praised the agencies for quickly developing a new definition of “waters of the United States” (WOTUS), aligned with the Supreme Court’s Sackett v. EPA decision on “continuous surface connection.”
A key topic was the reauthorization of nationwide permits (NWPs), which cover nearly 90% of federal wetlands permits. NAHB stressed the importance of finalizing this program before it expires on March 16, 2026, to ensure continued permitting for projects across the country.
NAHB also offered recommendations to improve federal wetlands permitting and compensatory mitigation, including:
- Expanding NWP acreage eligibility and raising the threshold for mandatory mitigation to streamline single-family, multifamily, and mixed-use development.
- Increasing availability and lowering the cost of mitigation credits to reduce compliance burdens.
Impact of the Government Shutdown
Amid the ongoing federal government shutdown, most rulemakings are paused. NAHB expects that Corps District Offices, which issue Section 404 permits and jurisdictional determinations, may suspend operations in early November as unspent FY 2024 funds run out.
NAHB continues to advocate for timely reforms that support both environmental protection and responsible development.