Week of December 18, 2006
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General Permits Supported for Rebuilding Mississippi

NAHB is supporting a U.S. Army Corps of Engineers' proposal to allow general permits for construction on lots comprising five acres or less as a way to speed up rebuilding efforts along the Gulf Coast.

The proposal applies to six Mississippi counties where homes were severely damaged or destroyed by Hurricanes Katrina and Wilma in 2005. There are restrictions in the proposal that bar the streamlined permitting process on lots with valuable wetlands or endangered species, on lots along tidal waters and on historic properties. However, the overall effect should be helpful, said Susan Asmus, staff vice president for regulatory and environmental affairs at NAHB.

NAHB and the Home Builders Association of the Mississippi Coast both submitted comments to the Corps prior to a Dec. 10 deadline. Members of the local HBA have suffered a backlash from environmental advocates despite the many restrictions still contained in the Corps proposal.

Reexamining the Wetlands Permit Process

In its comments, NAHB asked the Corps to reexamine the overall wetlands permitting process, which it has jurisdiction to administer under Section 404 of the federal Clean Water Act.

“Over the past several years, the Section 404 permit process, even for Nationwide Permits, has become very cumbersome, resulting in lengthy delays and increased costs,” the letter said. As a result, any process intended to streamline the wetland permitting process is of keen interest to our members. Furthermore, NAHB urges the Corps to undertake the development of similar Regional General Permits in the future in other areas whenever there is an urgent need to rebuild in the aftermath of natural disasters.”

However, the proposal lacks some clarity, NAHB noted. A threshold of five acres — and not some other number — is not justified, the law’s definition of “low quality” wetlands makes clear enough, and the proposal lacks an approved rapid assessment method that has scientific validity. And while the process has been streamlined, it’s still quite burdensome, NAHB said.

It’s a good start, though, NAHB told the Corps. “NAHB strongly supports the goals of the Regional General Permit and applauds the Corps for proposing a way to facilitate the rebuilding of coastal Mississippi post-Katrina.”

The Corps has until the end of January to review the comments.

For more information, e-mail Calli Schmidt at NAHB, or call her at 800-368-5242 x8132.

 
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