The Biden Administration’s decision to pursue an updated and expansive Waters of the United States policy could have a detrimental impact on new home construction.
So said Alicia Huey, the chairperson of the National Association of Home Builders, in testimony before the House’s Water Resources and Environment Subcommittee.
Huey remarked that the new rule is “so extreme that the federal government will have the authority to regulate certain roadside ditches, isolated ponds, and channels that may only flow after a heavy rainfall.”
The WOTUS rule was repealed by the Trump Administration in 2019 and replaced with a ruling that decreased federal protection of certain streams and wetlands, while also doing away with the requirement that landowners must secure the approval of the Environmental Protection Agency before taking on any new construction projects near water bodies on their own property.
Last month the Biden Administration issued a new WOTUS ruling, expanding the definition of wetlands and waterways.
Michael Regan, EPA Administration, said the new WOTUS definition is designed to “safeguard our nation’s waters, strengthen economic opportunity, and protect people’s health, while providing greater certainty for farmers, ranchers, and landowners.”
But in her testimony, Huey maintained that the latest WOTUS rule “fails to provide the clarity and certainty the home building industry seeks.”
Continued Huey: “This rule will increase federal regulatory power over private property and lead to increased litigation, permit requirements, and lengthy delays for any business trying to comply.”
Huey additionally asserted that the updated WOTUS “will not significantly improve water quality because much of the rule improperly encompasses water features already regulated at the state level.”
The fate of the WOTUS rule could be impacted by an upcoming Supreme Court decision in the case of Sackett V. EPA. That case centers on two Idaho landowners challenging the jurisdiction of the EPA under the WOTUS rule.
By Garry Boulard
