Bulletin Board Magazine 2022 Volume 1

NJ State Report Continued

Strong Turnout at Builders’ Show Signals Strength of Housing Industry • More than 45,000 home building professionals filled the exhibit halls of the Orange County Convention Center in Orlando as NAHB hosted the International Builders’ Show (IBS) Feb. 8-10. • IBS and the Kitchen & Bath Industry Show (KBIS) once again combined for the annual Design & Construction Week (DCW), which drew more than 70,000 attendees. • The attendance at this year’s show exceeded our expectations and reflects the enthusiasm of the home building industry to collaborate and discover the latest products and technology solutions for their customers. • Our top priority remained the safety of attendees and exhibitors throughout the show. We implemented a series of health measures that helped to ensure a safe and productive show. • Exhibit space for IBS totaled 425,000 net square feet, where more than 800 exhibitors displayed the latest in building products and technology. • In all, DCW featured nearly 1,200 exhibitors occupying approximately 725,000 square feet of indoor and outdoor exhibits. • Many exhibitors also noted the strong foot traffic of attendees. • Next year, Design & Construction Week will return to Las Vegas Jan. 31 -Feb. 2, 2023

• NAHB is pleased that OSHA has formally rescinded the rule. NAHB Supports Efforts of GOP Senators onWOTUS • In a move supported by NAHB, all 50 Republican senators have sent a letter to the Environmental Protection Agency urging it to halt its “waters of the United States” (WOTUS) rulemaking process while the Supreme Court considers a case brought by Idaho couple Chantell and Mike Sackett on the Clean Water Act.

the federal definition of WOTUS that existed prior to both the Trump and Obama administration’s WOTUS rules. • While the agencies reiterated their commitment to change the regulatory definition of WOTUS under the Clean Water Act (CWA) announced in June, that effort is expected to take more than a year to complete. • NAHB Senior Officers, members and HBA staff testified at a series of hearings throughout last August and more recently last month to voice their support for retaining the NWPR and thereby avoid having the agencies revert back to asserting federal control over non-navigable and isolated wetlands, ephemeral streams, and roadside drainage ditches. • The regulated community faces significant regulatory uncertainty in light of the agencies’ decision, as sections of the pre- 2015 rules have been found unlawful by the courts, and the guidance documents • NAHB is exploring all options to limit this federal overreach, as well as the challenges this reversion to the old rules will create. We will continue to keep members updated on further developments and provide additional guidance once it becomes available. • Meanwhile, builders who have received, or are in the process of applying for federal wetlands permits or jurisdictional determinations, are encouraged to log onto nahb.org/wotus where they can access NAHB’s guidance to frequently asked questions to help navigate the current landscape. provided by the agencies have been superseded by more current guidance.

• The Sackett case could have major implications for Clean Water Act enforcement.

• The letter states that “proceeding with the rulemaking at this time, despite the pending litigation and potential influential

verdict, will only deepen uncertainty within the regulated community.”

• Like NAHB, the GOP lawmakers are also very critical of the WOTUS rule as it is currently proposed. • “Given the severe financial penalties stakeholders could face for conducting standard agricultural or other land development practices under the proposed rule, family farmers and ranchers are understandably alarmed by the administration’s attempted land grab,” the GOP lawmakers stated.. • The EPA and the U.S. Army Corps of Engineers announced that as of Sept. 3, the agencies have halted implementation of the Navigable Waters Protection Rule (NWPR) and are interpreting WOTUS consistent with the pre-2015 regulatory regime until further notice. • This unilateral decision by the agencies -- without public input -- means that landowners must immediately follow

Bulletin Board | 19 | www.shorebuilders.org

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