Multifamily Industry Concerned Over Impact of Controversial WOTUS Final Rule

WASHINGTON, D.C. – May 28, 2015 – (RealEstateRama) — Statement from the National Multifamily Housing Council (NMHC) and National Apartment Association (NAA) in response to the Obama Administration announcement of the “Waters of the U.S.” final rule:

“The multifamily industry is concerned about the future impact of the Obama Administration’s controversial ‘Waters of the U.S.’ final rule announced yesterday. We support a strong Clean Water Act to protect the quality of the nation’s valuable water resources. Access to clean water is essential for healthy communities and a strong economy.

“However, the Environmental Protection Agency and Army Corps of Engineers have failed to fully assess the financial impact of the rule on the economy, including housing affordability.

“As part of a coalition of real estate groups, we have argued against including ditches, and other conveyances that are federally regulated parts of Municipal Separate Storm Sewer Systems, as ‘Waters of the U.S.’  We have also expressed concern that certain green stormwater retention features, like rain gardens, could become subject to federal jurisdiction, creating significant financial and permitting burdens.

“The agencies have stated that the final rule does not change how these sewer systems will be treated and encourages the use of green infrastructure. However, we want to conduct a thorough analysis of the rule to determine whether the concerns of the multifamily industry have been fully addressed.

“This rulemaking is the culmination of efforts to clarify the scope of waters subject to federal jurisdiction. Our industry has been among those that have regularly raised serious concerns about the flawed rulemaking and called upon the agencies to withdraw the proposed rule.”

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