Federal agencies published a supplemental proposal on September 9 addressing the definition of “waters of the United States,” opening a comment period through October 9. The Federal Register / EPA and Department of the Army announcement adds alternatives to the rulemaking that began with a November 20, 2025 proposal. It is not a final rule authorizing new construction activity.
The supplemental text considers issues including perennial waters, interruptions in flow and the connection between wetlands and other waters. The original proposal remains part of the proceeding. Interested homeowners and construction businesses can review the actual alternatives in docket EPA-HQ-OW-2025-0322 before deciding whether to submit comments.
A proposed definition does not decide a property question
For an owner planning an addition, grading or other site work, the immediate implication is procedural. A news report about a possible federal definition cannot establish whether a particular feature on the property is regulated or whether a permit is needed. State and local requirements may also require separate consideration.
Before approving work near a potentially relevant water feature, ask the project professional what site information and agency determinations are needed. Record who will obtain them and how that review affects the proposed schedule. Do not use the existence of a comment period as a reason to begin work before requirements are understood.
The October 9 deadline concerns comments on the proposal. It is not a construction deadline, a deadline to claim an exemption or the effective date of a new permission. Keeping those dates separate avoids a costly misunderstanding in a project plan.
Put uncertainty into the scope and schedule
Builders and remodelers should identify unresolved site-review questions before presenting a firm start date. An estimate can explain which investigation or approvals are included, which remain the owner’s responsibility and what happens if the planned design must change.
For a homeowner comparing proposals, ask each firm to address the same site assumptions. One estimate may appear faster or cheaper because it omits a review another firm has explicitly allowed for. That difference deserves clarification before choosing between totals.
Those who want to comment should follow the Federal Register notice’s submission instructions and address the proposed language rather than an assumed final outcome. For an active home project, the next step is a qualified, property-specific review of current requirements. The rulemaking is relevant context, but it does not substitute for the decisions and documentation needed for the actual site.
Further reading
How to compare remodeling quotes and How to verify a contractor license.
Sources
Home Review Board publishes practical guides and source-grounded news. Project requirements depend on the property and location. Read our research approach.