03/27/2024 | News release | Distributed by Public on 03/27/2024 09:24
Last week, the Army Corps of Engineers (Corps) issued a memo that highlights how the Corps will protect non-jurisdictional features through civil works and regulatory program actions following the Supreme Court's decision in Sackett v. EPA. Actions include:
The memo also outlines key deadlines:
A series of field memos on epa.gov - for implementing the 2023 rule and the pre-2015 regulatory regime consistent with Sackett - also provide guidance to field staff on how to make jurisdictional determinations when they encounter similar fact patterns. These memos touch on the following topics: stream order, when ponds can be identified as tributaries, when wetlands are considered adjacent and should be looked at as one wetland, waste treatment systems and roadside ditches, and how to identify stream reach when considering relatively permanent flow.
Despite these actions, however, uncertainty remains. NAHB continues to encourage the agencies to clarify the definition of "relatively permanent" and "continuous surface connection," which have allowed continued delays and federal overreach during the wetlands permitting process.
To help NAHB better understand the impact the WOTUS rule is having on the home building industry, we are asking NAHB members to share testimonials.
Visit the WOTUS sectionon nahb.org to learn more.