Proposed Rulemaking Could Slam Developers

In an attempt overrule prior Supreme Court decisions, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have proposed a draft rule that could slam local developers.  The proposed rulemaking would dramatically expand areas of their jurisdiction under the Clean Water Act (CWA), including specifically defining ditches as jurisdictional tributaries and significantly impacting the design and permitting process.

What you need to know.

Still in the rulemaking stage at the subcommittee level, the Pennsylvania Builders Association (PBA), various Chambers are paying close attention to this topic. Therefore, we have already begun sounding the alarm on this rule because within the Special Protection watersheds of Southeastern Pennsylvania, this legislation could have disastrous effects on development options reducing density and yield. 

A call for your support.

Very shortly, we’ll be reaching out to you with the PBA to make sure our voices are heard by legislators and key subcommittee members who have jurisdiction over these regulations. 

Here’s the full announcement from the National Association of Home Builders.

By Gregory C. Newell, PE