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A Georgia builder said that in his district, the Corps says the burden of proof is on the landowner to determine that the Corps should not have jurisdiction under the Clean Water Act. In fact, it should be the opposite, agreed Dunlap: the Corps has the burden of proof to claim jurisdiction. Dunlap and Chip Smith, assistant for environmental and regulatory affairs, suggested that the builder contact their office with details.
Smith also told builders to expect a draft of proposed changes to the Nationwide Permit, the current version of which expires next year. Nationwide permits are important tools for property owners who plan to complete projects that only have minimal impacts on the environment. So far, 30% of the excessive wording and redundancies have been eliminated from the permits to make them clearer and easier to follow, he said, and he looks forward to getting additional comments when the draft is published later this year.
When the draft is published, NAHB will offer industry opinions during the 60-day comment period.
Courtesy of Gary Suskauer, NAHB
Francisco Uviña, University of New Mexico
Hardscape Oasis in Litchfield Park
Ash Nochian, Ph.D. Landscape Architect
November 12th, 2025
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