President Trump Issues Housing Affordability Executive Order

On March 13, President Donald Trump signed a new executive order entitled “Removing Regulatory Barriers to Affordable Home Construction.” The Order directs multiple federal agencies to examine and revise existing federal regulations and guidelines to reduce regulatory burdens on housing development and specifies rules and programs that should be “revised,” “reformed,” or “eliminated,” consistent with applicable law.

Environmental Rules and Guidance

According to the Order, the U.S. Environmental Protection Agency (EPA) and the Department of the Army are to review and revise Clean Water Act requirements “to reduce housing construction and ownership costs,” “reduce property tax burdens, and increase insurability,” including stormwater permitting and maximum daily loads rules, the “construction general permit for construction activity” (a nationwide permit, which is statutorily exempt from CWA and NEPA requirements). This review also includes federal standards for Section 404 wetlands